The False Promise of 'Of Counsel': Is It Really a Path to Partnership or Just a Career Limbo?
In law firms around the world, the title "Of Counsel" has become increasingly prevalent. Promising a senior role within the firm, a flexible work arrangement, and a stepping stone to partnership, this position appears on the surface to be a golden ticket for experienced attorneys looking to advance their careers without the gruelling demands of partnership. But does it really deliver on these promises? Or is it a gilded cage, keeping ambitious lawyers in career limbo, neither here nor there, with no clear path forward?
In this article, we will explore the realities of the "Of Counsel" position, dissect its implications, and reveal why it may be more of a trap than an opportunity for many lawyers. We will also provide practical tips for navigating this precarious role and share insights into how to avoid the pitfalls that could stall your career indefinitely.
The Allure of the 'Of Counsel' Title
The legal profession is one steeped in tradition, hierarchy, and a well-defined career ladder. As an attorney climbs this ladder, the titles become increasingly prestigious: Associate, Senior Associate, Partner, Senior Partner. But nestled within this hierarchy, somewhat ambiguously, lies the title of "Of Counsel."
For many, the allure of the "Of Counsel" role is undeniable. It offers the prestige of being recognized as a senior member of the firm without the overwhelming responsibilities and pressures that come with partnership. It suggests flexibility—both in terms of work-life balance and the ability to focus on niche areas of law without the relentless drive for billable hours.
Law firms often present this role as a strategic move, a way to keep valuable talent within the firm, offering senior attorneys a chance to contribute their experience and expertise without the demands of client development, firm management, and the pursuit of partnership. In theory, it sounds ideal: a title that acknowledges your experience and expertise, allows you to focus on the work you love, and offers a pathway to partnership.
But is this really the case? Or is it simply a clever way for law firms to retain experienced lawyers without committing to their long-term advancement?
The Reality of 'Of Counsel': A Career Plateau
Beneath the shiny surface of the "Of Counsel" title lies a more troubling reality. For many attorneys, this position becomes a career plateau rather than a stepping stone to partnership. While the title may come with seniority, it often lacks the clear trajectory that associates and junior partners have. The transition from "Of Counsel" to Partner is not as seamless or guaranteed as many are led to believe.
In fact, for some, the "Of Counsel" title is where their upward mobility stalls. The flexibility and reduced pressure on client acquisition can lead to a detachment from the core activities that drive the firm’s success. Partners are expected to be rainmakers, leaders, and managers, with a book of business that justifies their position. "Of Counsel" attorneys, by contrast, may find themselves increasingly marginalized from these key areas, with fewer opportunities to build the profile necessary for partnership.
?? Practical Tip: If you're considering an "Of Counsel" role, scrutinize the firm's expectations and your own career goals. Are you being offered this role as a bridge to partnership, or as a consolation prize because the firm doesn’t see you as partnership material? Clarify the path forward—ask for a written plan outlining the steps and timeline to partnership. If the firm is vague or non-committal, take that as a red flag.
The Seniority Trap: When Experience Becomes a Burden
Another harsh truth about the "Of Counsel" position is that it can become a dead-end for those with significant experience but who are not seen as a fit for partnership. The role often attracts lawyers who have either stepped off the partnership track or never fully committed to it. For those who have spent years—sometimes decades—building their legal expertise, the shift to "Of Counsel" can feel like a compromise, or worse, a recognition that they will never make partner.
Firms might use the "Of Counsel" title as a way to keep senior attorneys engaged and productive, but without the long-term investment that partnership entails. This can be particularly true for lawyers who specialize in niche areas of law that are important but not necessarily lucrative for the firm. Over time, this can lead to a situation where the attorney is seen as too senior to be an associate, but not strategic enough to warrant partnership—effectively trapped in a role with no upward mobility.
?? Controversial Insight: Some firms use the "Of Counsel" title as a holding pattern for attorneys they don’t intend to promote but don’t want to lose. This might be due to the lawyer's reputation, their specialized knowledge, or simply because the firm doesn’t want the optics of losing a senior figure. But make no mistake, if you’re not moving forward, you’re standing still—and in the legal profession, standing still is rarely a good thing.
The Hollow Promise of Partnership
One of the most significant misconceptions about the "Of Counsel" role is that it is a direct path to partnership. While it’s true that some "Of Counsel" attorneys do eventually make partner, it’s far from a guaranteed outcome. In reality, the transition from "Of Counsel" to Partner is fraught with challenges and uncertainties.
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First, the criteria for partnership are typically much stricter than those for "Of Counsel." Firms often expect a proven track record of client acquisition, significant billable hours, and a demonstrated ability to contribute to the firm’s bottom line. "Of Counsel" attorneys, especially those who have taken the role for its flexibility, may find themselves at a disadvantage here. Their role might not involve the kind of business development or high-profile cases that lead to partnership consideration.
Second, the firm’s strategic needs can change over time. An attorney brought in as "Of Counsel" might have been considered a potential partner at the time of hire, but if the firm’s focus shifts, or if new talent with stronger business acumen comes on board, those plans can evaporate. The result? The attorney remains "Of Counsel," with partnership always just out of reach.
You’ve got to stay hungry to achieve greatness.
The problem with the "Of Counsel" role is that it can dull that hunger, making it too easy to settle into a comfortable but ultimately stagnant career.
Is 'Of Counsel' Just a Career Limbo?
The concept of career limbo is one that every ambitious lawyer fears—being stuck in a role that offers no clear advancement, no growth, and no real satisfaction. Unfortunately, for many, "Of Counsel" is just that: a state of professional purgatory where the attorney is too senior to move down and too specialized or not business-driven enough to move up.
This is not to say that the "Of Counsel" role is without merit. For some, particularly those nearing retirement or those who value work-life balance over career advancement, it can be an ideal position. But for others—especially those with aspirations of partnership—it can be a career dead-end. Without a clear path to partnership or a robust plan for career development, "Of Counsel" can leave lawyers feeling stuck, with few options for moving forward.
?? Practical Tip: Before accepting an "Of Counsel" role, ask yourself where you want to be in five years. If the answer is "partner," make sure that the firm’s vision aligns with yours. Look for firms that have a track record of promoting "Of Counsel" attorneys to partner, and don’t be afraid to ask for specifics during the interview process.
Navigating the 'Of Counsel' Minefield
So, how can ambitious lawyers navigate the complexities of the "Of Counsel" role? The key is to approach the position with a clear-eyed understanding of both its potential and its limitations. Here are some strategies to consider:
The Power of Self-Advocacy
In the final analysis, the "Of Counsel" role is what you make of it. For some, it can be a fulfilling position that offers the flexibility and focus they desire. For others, it’s a stepping stone to partnership—provided they approach it with the right mindset and strategy. And for those who don’t take control of their career, it can become a trap, leaving them in professional limbo.
The key to success in any legal career is self-advocacy. This is especially true for "Of Counsel" attorneys. Don’t rely on the firm to chart your path—take charge of your career, set your goals, and be proactive in seeking out opportunities for advancement. Remember, your career is in your hands, and the "Of Counsel" title is just one chapter in a much larger story.
?? Call to Action: If you’re currently an "Of Counsel" attorney at a Legal 500 ranked firm and are looking for personalized career advice, or if you’re considering your next move, I invite you to get in touch with me at [email protected]. Let’s discuss how we can take your career to the next level.
In the legal profession, standing still is never an option. Whether you’re striving for partnership or seeking to redefine your role, now is the time to take action. Let’s make sure that your next step is the right one.