QUESTION: Would it be permissible for Attorney to use the term “of counsel” to indicate Attorney´s relationship with the firm if (1) Attorney receives no compensation on cases which Attorney refers to the firm but does not supervise, monitor or perform services and (2) on cases on which Attorney is active supervising, monitoring or performing work, Attorney would receive compensation and share overhead as mutually agreed on a case by case basis? ANSWER: Based upon the arrangement Attorney has described, it would not violate the Rules of Professional Conduct for Attorney to be shown as “of counsel” to the 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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