I am not a partner!Obiter has noticed the rise in the last couple of years of the 'of counsel', an odd term that has made its way across from the US.

Fortunately, we have The Rodent, the US commentator on the foibles of the legal profession, to guide us through what it actually means.

The Rodent writes in the UK's Professional Marketing magazine, that 'of counsel' is no longer just a consultancy position used to ease out elderly partners.

They now fall into four categories: the qualified associate who will never be elected partner ('you know the type - the first one you turn to if you have a client with a complex legal problem, but the last one you call to go to lunch'); the partner at another firm who jumps ship but then finds he has to jump through hoops to make partner at his new firm; the former politician who happens to have gone to law school; and the lawyer anticipating the firm's collapse.

Being of counsel is a way to avoid liability, The Rodent explains, quoting from a book by Steven Kumble, former managing partner of Finley Kumble, the largest firm ever to go belly-up in the US.

As things got bad,Mr Kumble received several notices from partnersseeking to position themselves as of counsel.

'I am not a partner of this firm,' the notices said.

'I was never a partner of this firm, but if I was a partner of this firm, I resign.

But my resignation should not in any way be construed as an indication that I was a partner.

And besides, I have not received my draw in a long time.'