Travis Scott Ware is of
counsel to the Mike Millsap law firm.
(See the text in italics for an
explanation of the term “of counsel.”)
Travis Ware and Mike Millsap have had a
close personal and professional
relationship for many years.
was formerly the District Attorney for
Lubbock and Crosby Counties in Texas. He
was a dynamic and successful prosecutor
who personally tried many cases to a
victory for the State, including seven
death penalty convictions. After leaving
office, his prosecutorial skills and
knowledge of criminal law translated
into a very effective criminal defense
practice. Travis Ware has also
established a brilliant record in family
law litigation, including a large number
of jury trials to obtain or defend a
divorce and decide property division,
child custody, child support,
modifications of orders, and contested
adoptions. He is an aggressive trial
lawyer with a splendid history of
success for his clients.
frequently associates Travis Ware in
criminal and family law cases and defers
to his expertise in those matters.
Likewise, Travis Ware frequently
associates Mike Millsap to serve as the
principal or lead counsel in personal
injury cases. They work together on a
daily basis with constant communications
and consultation. In those situations
Ware and Millsap share fees and the
client gets two lawyers for the price of
one. Do not hesitate to bring your
criminal law case or family law case to
Mike Millsap. He and Travis Ware want to
be your lawyers!
The definition of "of
counsel" was first essayed by the
American Bar Association in Formal Op.
330, issued in 1972. Formal Op. 330
advised that a lawyer was "of counsel"
to a firm only when the relationship
between the lawyer and the firm was
"close, continuing, and personal" and
when the relationship was not "that of a
partner, associate, or outside counsel".
MBA Op. 82-10 echoed this view, opining
that a lawyer or firm could be properly
identified as of counsel to another
lawyer or law firm only if there were
"continuous and regular dealings that
involve the rendering of legal advice by
one to the other."
According to ABA
Formal Op. 330 and successive informal
opinions, a lawyer who was of counsel to
a firm should have nearly daily contact
with the firm, a law firm could not be
of counsel to another law firm, and no
lawyer could likely be of counsel to
more than two firms.
ABA Formal Op. 90-357
reaffirmed that the "core
characteristic" of "of counsel" was "'a
close, regular, personal relationship'"
but excluding "that of a partner (or its
equivalent, a principal of a
professional corporation), with the
shared liability and/or managerial
responsibility implied by that term,"
and associates, defined as "a junior
non-partner lawyer, regularly employed
by the firm." The term “of counsel”
refers to the description given to an
attorney who is not the principal lawyer
in charge of a case but who merely
contributes his advice on the way it
should be handled.
Where “of counsel”
follows an attorney's name on a website,
letterhead, or office sign, this
designation indicates that the person is
employed by the firm primarily as a
consultant on specialized matters, not
as a full-time partner or associate.