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Senior Attorneys
Becoming of Counsel

Becoming of Counsel is an example of the myriad of other evolving titles available for senior attorneys
in a law firm these days.  The title seems to have historically evolved for retiring former partners.  Today,
more often than not, it means a senior attorney who probably is not on partnership track although this is
not always the case.  Of Counsel can mean very different things in different law firms
so if you are in negotiation with a firm, make sure that you discuss and document the following issues:

  • employee or independent contractor status
  • firm support and expectation for business development
  • compensation, including base and any percentage of fees for new business
  • professional liability insurance
  • expense reimbursement (marketing, client entertainment, CLE & licensing fees, etc.)
  • hourly requirements, if any
  • time keeping and billing
  • indemnification
  • events of termination
  • confidentiality and non-disparagement
  • term of agreement  (include whether and for how long you will receive your percentage
    compensation, if applicable, on billables received by the firm after termination).
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