First, do you really have an “of counsel” relationship? The Lawyer’s Code of Professional Responsibility (DR 2-102(A)(4), 22 NYCRR 1200.7) permits an “of counsel” designation when there is a “continuing relationship with a lawyer or law firm, other than as a partner or associate.” You do not have an “of counsel” relationship if you are merely sharing office space or referring business. There must also be active involvement in each other’s cases and day to day affairs, as well as the availability for consultation and advice on a regular and continuing basis. See, e.g. N.Y. City 1996-8; N.Y. City 1995-8.If there is, indeed, an “of counsel” relationship, a law firm or an individual attorney may act as “of counsel” to another law firm or another individual attorney, and each may so indicate on the letterhead.
First, do you really have an “of counsel” relationship? The Lawyer’s Code of Professional Responsibility (DR 2-102(A)(4), 22 NYCRR 1200.7) permits an “of counsel” designation when there is a “continuing relationship with a lawyer or law firm, other than as a partner or associate.” You do not have an “of counsel” relationship if you are merely sharing office space or referring business. There must also be active involvement in each other’s cases and day to day affairs, as well as the availability for consultation and advice on a regular and continuing basis. See, e.g. N.Y. City 1996-8; N.Y. City 1995-8. If there is, indeed, an “of counsel” relationship, a law firm or an individual attorney may act as “of counsel” to another law firm or another individual attorney, and each may so indicate on the letterhead. Remember, however, that for purposes of analyzing conflicts of interest, the “of counsel” relationship is treated as if the “counsel” and firm/attorney conduct business as a single f