AAERT Certified Electronic Reporter (CER) Practice Test

What does "Of Counsel" refer to in legal terminology?

1. An attorney hired by the court

2. A freelance attorney hired for a deposition

3. An attorney representing a corporation

4. An attorney working independently

The correct answer is: A freelance attorney hired for a deposition

"Of Counsel" is a term used in legal practice to describe a relationship between a lawyer and a law firm, where the individual is not a partner or an associate but maintains a close, ongoing relationship with the firm. This designation often implies that the attorney contributes specialized knowledge or expertise and is available to offer advice or services without being a full-time member of the firm. The term can encompass various situations, including those where an attorney is providing support for cases, advising on specific legal matters, or retaining a consulting role while independently practicing law. The key aspect of being "Of Counsel" is the association with a law firm and the capacity in which the attorney can operate alongside other attorneys within that firm. This is distinct from being simply a freelance attorney hired for specific tasks, as the "Of Counsel" designation typically implies a broader, more integrated relationship with the firm, often involving continuous collaboration and professional identification with the firm’s practices.