Of counsel

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“Oh, whoreson Of!
Thou unnecessary preposition!”

King Edward Lear, V, viii

Of counsel
/ɒv ˈkaʊns(ə)l/ (adj.)

The Bob Cunis of the law firm: neither one thing — an associate — nor the other — a partner. Someone with the chops and general ninjery to be a partner, that the partnership cannot for some reason bring themselves to share their lollies with.

“Of counsel”.

Now it is, of course, part of the American lawmakers’ sacred oath to perplex, befuddle and stretch the laiety’s credulity to breaking point: this we know. So we should not be surprised that this is originally an American phenomenon that has begun leeching into the waters of the international practice, nor that the American Bar Association has a formal opinion on the subject of what to call people you can’t quite make up your mind how to feel about, nor that that opinion is much too dreary to recount in any detail here.

But the most pressing question is why.

Why “of” counsel?

Perhaps this prepositional curiosity speaks to a fundamental essence: in the same way that you might be “of fire”, or she “of water”, I am of counsel.

Or does it indicate that the subject is in some way unelemental? That there is something to be desired about the fulsomeness with which they present for duty: is their input some kind of contrivance; a fragrant proxy of proper counsel: a hastily confected preparation of counsel; a half-hearted hint of counsel; l’aire du conseil?

See also

• Bob Cunis
• Partner
• General counsel