Also known as: of counsel attorney · of-counsel attorney · of-counsel attorneys · of counsel · special counsel
Written by attorneys · grounded in primary & secondary sources — see below
An attorney who maintains an affiliation with a law firm without holding partner or associate status, typically providing specialized services or maintaining a flexible professional relationship.
Omar Olson was indicted for armed robbery. An of counsel attorney from a local firm was assigned to represent him at the initial appearance. The attorney advised Olson of his rights under the Sixth Amendment and prepared a speedy trial demand, ensuring the prosecution timeline began without delay.
Opal Okoro faced charges after a witness identified her from a photo array. Her of counsel attorney challenged the procedure on due process grounds, arguing it was unnecessarily suggestive, even though no Sixth Amendment right to counsel attached at that pretrial stage.
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Odilia Okamura's of counsel attorney learned the client intended to commit perjury at trial. The attorney first attempted to dissuade the client, then prepared to disclose the perjury to the court while refusing to present false testimony, preserving ethical duties without violating the right to effective assistance.
Oliver Okeke, already indicted, made incriminating statements to a paid informant in jail. His of counsel attorney successfully moved to suppress the statements, showing the government had deliberately elicited them in violation of the Sixth Amendment right to counsel.
Oswald Orozco's of counsel attorney sought attorneys' fees after prevailing in environmental litigation. The court denied the request, holding that federal courts lack inherent authority to award fees absent statutory authorization or bad faith.
Odette Orozco, an of counsel attorney, was terminated after reporting suspected billing irregularities. She sued for wrongful discharge in violation of public policy, but the court held that at-will employment rules barred the claim absent an express contract or statutory violation.
No. Photo arrays are not considered a critical stage of prosecution, so the Sixth Amendment does not require the presence of counsel, although due process challenges remain available if the procedure is unnecessarily suggestive.
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Counsel must first attempt to dissuade the client, then consider withdrawal, and if necessary disclose the perjury to the court as a reasonable remedial measure consistent with ethical rules.
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The right attaches at the initiation of adversarial judicial proceedings, such as indictment, and prohibits the government from deliberately eliciting incriminating statements without counsel present.
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…claims subject to the security for expenses statute. After setting the amount of security at $75,000 and upon the representation of counsel that the security would not be posted, the court dismissed the complaint, save that portion of Count 2 seeking a declaration that the proxy solicitation material was false and misleading…