Ohio Board Advisory Opinion Op 90-003

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804
OFFICE OF SECRETARY
OPINION 90-3
Issued April 20, 1990
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio
Rules of Professional Conduct, eff. 2/1/2007.]
SYLLABUS: An associate or partner in a law firm shall not be designated as "Of Counsel" on the
firm's letterhead. An older attorney who has merged his office with another law firm, has a
continuing relationship and has practiced law for several years may be designated as "Senior
Attorney" on a firm's letterhead.
OPINION: We have before us your request for an advisory opinion on the following question:
When a law firm merges with a retiring attorney, who will then become a salaried employee, may
the law firm designate that lawyer as "Senior Attorney" on the firm's letterhead? You indicate that
your own research suggests "of counsel" would be inappropriate.
"Senior Attorney" is not defined in the Code of Professional Responsibility. Any communication
by a lawyer regarding his or her professional status shall not contain any misleading claim. Code
of Professional Responsibility DR 2-101(A).
An "Of Counsel" designation is not appropriate for an "associate," salaried employee. Disciplinary
Rule 2-102 (A) (4) allows a lawyer to be identified on a law firm's letterhead as a lawyer with any
information permitted under DR 2-105 (limitation of practice). The designation of a lawyer as "Of
Counsel”, is permitted by DR 2-102 (A) (4) as long as the relationship between the lawyer and the
law firm is a continuing one. The lawyer may not be a partner. The relationship must be a "close,
regular, personal relationship, for example, the relationship of a retired or semiretired former
partner, who remains available to the firm for consulting and advice." ABA Committee on Ethics
and Professional Responsibility Formal Op. 330 (1972).
The "Of Counsel" lawyer is a "member or component part of that law office, but his status is not
that of a partner or an employee. …The "Of Counsel" lawyer is compensated as a sui generis
member of a law office. Id. The Code of Professional Responsibility lacks specific definitions of
lawyer and law firm relationships other than the "Of Counsel" designation.

Op. 90-3 2
The central meaning of "senior" is "the elder." Black's Law Dictionary 1222 (5th ed. 1979).
Adding "Senior" to the word "Attorney" is not misleading when used to designate the number of
years the particular attorney has practiced law, and does not infer importance in rank or estimation.
Therefore, the "Senior Attorney" designation on a law firm's letterhead would not violate the Code
of Professional Responsibility in our opinion. However, we suggest separating the senior attorney
on the letterhead from the other associates and partners on the letterhead to avoid misleading the
public.
Based on the foregoing, it is our opinion and you are so advised that an older attorney who has
merged with your law firm may be designated as "Senior Attorney" on your firm's letterhead. Such
a status line is not misleading under the circumstances stated.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Professional Responsibility.