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I think typically Special Counsel are retired partners/transitioning towards retiring older attorneys who are held on retainer for matters without having a billable/BD requirement that is necessary for the Equity pool.
Agreed
Enthusiast
Depends on the firm.
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Super seniors 😎
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Varies by firm, but generally, Counsel and Of Counsel used to mean an older lawyer who wasn’t expected to do all that much, but had some valuable experience, or in rarer cases, a lateral partner candidate or senior associate who wasn’t coming on as a partner but who would be given a shot to be voted in after a couple years of proving themselves at the new firm.
Then it grew to also be a title for associates who weren’t making partner but had some valuable experience or that the firm otherwise was fine allowing to avoid up and out treatment. Usually included mainly those who were checked out and didn’t work that much, but who the firm was okay having hang around.
Has grown in recent years to include some people who may still be on track to have a shot at partner but are more senior than the top of the associate seniority scale, and now even includes some who otherwise would just be senior associates, are on-track, and are 7th or 8th years at some firms. Really, it is all over the place. It used to be a title that I wouldn’t have even wanted as an associate since it meant the person was off-track. Not as much the case any longer, but still is to an extent in view of the various uses in the industry.
As others have said, it depends on the firm. But, these are the general rules: "Special Counsel" or "Counsel" (80% of the time a step between associate and income partner or associate and equity partner, 15% of the time part-time senior attorneys with special arrangements, and 5% of the time a status for retired equity partners) and "Of Counsel" (90% of the time a status for retired equity partners and 10% of the time a step between associate and income partner or associate and equity partner).
If the firm has both titles, senior = senior citizen. If not, they are likely the same job just diff title. See also "of counsel".