QUESTION: Attorney is associated with a business as an advisor and officer. May Attorney be listed as “of counsel?” ANSWER: It would be permissible for Attorney to be identified as counsel for the business, as long as Attorney is, in fact, serving in that capacity. The use of the phrase “of counsel” would not be appropriate since that phrase normally indicates a relationship with a law firm. Use of that terminology would be misleading because it would give the impression that the business is a law firm.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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