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Of counsel – another solo practice option

by Carolyn Elefant on August 13, 2006 · 3 comments

in Business Models, Ideas & Tips, Of Counsel Agreements

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This month’s issues of GP Solo Magazine has an article by Elio Martinez entitled Of Counsel:  An Alternative to Solo and Firm Practice.  The article tells a little bit about Martinez’s of counsel arrangement (all of them differ, I think):

My of counsel arrangement is simple. I maintain a separate and independent practice while occupying an office at my friend’s firm. I keep my own schedule, develop my own clients, and run my own firm. In exchange for the office space and a percentage of fees collected for my work on my friend’s cases, I guarantee that I will work a certain number of hours per month on those cases. This arrangement is beneficial to us both: He has some of the burdens of the practice lifted from his shoulders by someone he knows and trusts, and I have guaranteed work and income every month, as well as an office where I can grow my practice. The of counsel arrangement also provides me the added benefit of always having someone with whom to discuss issues and ideas, as well as assurance that, in my absence, someone will be there to step in and handle emergencies on my cases.

Unfortunately (and as is the case with many GP Solo articles, which is why I don’t reference them often), the article does not offer much detail on how to find an of counsel arrangement, nor does it link to any sample contracts for “of counsel” relationships (a frequent request to me from readers).  But the article shows the advantages of an “of counsel” relationship, so it may be something you want to pursue.

Related posts:

  1. Counsel on “Of Counsel” Agreements
  2. Loneliness and Isolation: Hazards of Solo Practice
  3. Solo practice: the most overlooked, underrated law option
  4. In House Counsel Looking for Deals…Why Not With Solos?
  5. Round Up of Resources on the Amorphous “Of Counsel” Relationship
  • http://trialadnotes.blogspot.com Mary Whisner

    For a sample form, see 3 Am. Jur. Legal Forms 2d Attorneys At Law § 30:239 (available in law libraries and on Westlaw).

  • http://www.cbeckerlaw.com Craig Becker

    I have a different of counsel relationship, which I really like.
    I pay a small rent to a midsized firm. I keep my practice completely separate. I have a mutual referral agreement with the firm. What I like about this arrangement is that I have access to the firm facilities including its conference rooms and library. In additional I have the support of several more experienced attorneys.

  • Raisa Romaelle, Esq.

    I had recently made an attempt to secure this kind of arrangement, but the attorneys I was working with requested I pay a whopping $1,000 a month for a cubicle.  I couldn’t understand how they could perceive this as being fair.  I’ll stick to my little office.  I pay less per month, and don’t have to commit myself to spending half of my time working on other people’s cases.

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