By Mark Baumann, an attorney in Washington State, and director of ICCI
What is the difference between the words lawyer and attorney? Defining those in practical and ethical terms gives lawyers the ability to clarify flexible services they offer. Most clients love having the option of service levels.
Definitions of lawyer, attorney, attorney of record
A lawyer gives advice, drafts documents, and can develop and coach action plans.
An attorney is the same as a lawyer and is involved with negotiation and mediation.
An attorney of record goes to court for the client.
Are you already providing these service levels to some degree?
If you think about what you do, these terms probably describe it. If a client comes in for advice and then decides not to take any action, which role have you fulfilled? If after the advice they ask you to write a letter and don’t take any other steps, which role have you fulfilled? We all know what it means if you file a lawsuit and represent the client in court.
How do these definitions sync with the rules of professional conduct (RPC)?
These definitions sync quite well with the RPCs, although with a little awkwardness in two instances.
The definition of lawyer in the court rules
Lawyer, as defined by ICCI, is covered by RPC 2.1 and GR 24 (a)(1) & (2).
Title 2 of the RPC is titled “Counselor.” RPC 2.1 is titled “Advisor,” and it states in full:
“In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client.”
In Washington State, General Rule 24 defines the practice law. GR 24 (1) and (2) define a lawyer, and the pertinent parts are:
“The practice of law * * * includes but is not limited to: (1) Giving advice or counsel * * *. (2) Selection, drafting, or completion of legal documents or agreements which affect the legal rights of an entity or person(s).” GR 24 (a)(1) & (2).
Definition of attorney and attorney of record
Attorney, as defined by ICCI, is covered by GR 24 (a)(1)(2) and (4). Attorney includes being a “lawyer” as mentioned above. Subsection (4) adds this sentence:
“Negotiation of legal rights or responsibilities on behalf of another entity or person(s).”
The role of attorney of record is distinguished in GR 24 (a)(3), which states in full:
“Representation of another entity or person(s) in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.”
The awkwardness
Well, there’s a little awkwardness simply from not defining the three terms directly, and GR 24 (a) is not ordered in a hierarchy (at least in my mind).
Second, “representation” is an awkward term in the RPCs because a “lawyer,” who never speaks to anyone but the client, is considered to be “representing” the client even though they are only in lawyer-mode. In my mind, “re-presenting” a client requires a third person to “present” to. According to one ethics expert at the WSBA who I spoke with, “The RPCs use a non-standard definition of representation.”
Okay, perhaps that was the drafter’s way of making sure everyone understands that the instant someone licensed to practice law is established as a “lawyer”, all the rules of professional conduct immediately apply.
[In Washington State case law, the RPC can apply even sooner. See In re McGlothlen, 99 Wn.2d 515, 522, 663 P.2d 1330 (1983).]
A lawyer need not disclose their involvement
ABA Formal Opinion 07-446 (2007), Undisclosed Legal Assistance to Pro Se litigants, specifies that when serving in lawyer-mode, neither the client nor the lawyer need to disclose the lawyer’s involvement.
“A lawyer may provide legal assistance to litigants appearing before tribunals “pro se” and help them prepare written submissions without disclosing or ensuring the disclosure of the nature or extent of such assistance.” Abstract, from https://www.americanbar.org/products/ecd/chapter/220008/.
According to Sandra Schilling, Professional Responsibility Counsel for the WSBA, the purpose of this was to improve access to justice and litigants’ ability to get at least some legal help. Baumann-Schilling presentation, PowerPoint slides, 2026 WSBA STAR Conference.
A lawyer can ghost write pleadings for clients
The Washington State Bar Association Advisory Opinion 202002 specifically supports ghost writing. The term ghost writing describes a lawyer in lawyer-mode (GR 24 (a)(2)) writing pleadings and does not sign them, only the client does. The lawyer need not be disclosed as a drafter but can be.
The lawyer must nevertheless comply with all the RPCs, including compliance with RPC 1.2(c) and 3.3, and CR 11. See WSBA advisory opinion 202002.
A fuller definition of “lawyer”
A lawyer can also help a client better identify their needs. Sometimes those are simple needs. For example, in a divorce clients often think they’ll have to sell the house to divide the equity no matter how financially devastating that might be. If there are assets available for an offset, a lawyer can point out that the client could keep the house and, for example, give up their share of the retirement accounts.
Sometimes the needs are “extra-legal,” a fancy term for social, relational, political or economic needs. See RPC 2.1.
Often, the needs are much deeper and are psychological or relational. These are unknown and unstated needs. To effectively reach these needs some model is required for enhanced client counseling skills, improved professional listening skills, and understanding the human element or what drives conflict.
ICCI offers the Integrative Client-Centered Model (ICCM), and a number of counseling techniques including Integrative Listening which identifies 10 elements of the listening skill. Our sister site is the Conflict Science Institute, and it offers the Conflict Model to help lawyers understand unknown and unstated needs, and how rigidity, emotions, and fear drive conflict.
Micro-coaching is a general technique for in-the-moment relationship challenges. This can be an effective way to help clients navigate the changing relationship and handle urgent discussions with the other party. It involves a dialogue with your client about how to approach and respond to challenging moments.
Using Pay-As-You-Go and a Notice of Limited Appearance with LAAoR
I often go up and down service levels in a case. It all depends on what the client needs and what they can handle on their own. I have completed complex family law cases serving as a lawyer and/or attorney, never as the attorney of record. Sometimes I start and stay in as an attorney of record.
I also use PAYG. This billing method works well in my practice and I use it exclusively. Here is a link to an article about pay-as-you-go.
For me, all of these client centered business practices work well together to give clients a sense of mastery and autonomy. They help build trust quickly, and help me take their case further and deeper into addressing the unknown and unstated needs.
Relevant court rules (Washington State)
Lawyers using LAAoR, might want to re-read RPC 1.2(a) and (c), and 2.1; and General Rule 24. Non-lawyers who are able to give advice, Limited License Legal Technicians (LLLT) and DV Legal Advocates, etc., may want to re-read APR 28.
Lawyers using a NOLA should be familiar with RPC 1.0A(e), 1.2, 1.16, 4.2 and 4.3. Relevant Civil Rules are CR 4.2(b), CR 5(b), CR 70.1(b), and CR 71(c)(1). Case law governing withdrawal from a case is important to read.
Summary
I combine LAAoR’d services with NOLAs and PAYG billing and a wide array of counseling skills. There’s no one way to use all or some of these flexible approaches to practice.
Whatever individual components you are curious to try, I recommend taking your time and testing them out and adjusting to your current skill sets and case and client needs. After 28 years of using an IOLTA trust account, I closed it, but only after testing and perfecting my application of PAYG over two years.
Clients love LAAoR service options because it gives them choices and helps them feel more in control. It also helps me remember on a daily basis how important “customer service” is.
I’m Mark Baumann. I have practiced law in Washington State for a few decades. I have also studied science that describes the nature of conflict, which includes neurobiology, emotion, and relationship science. I am the director of ICCI and primary developer of the ICCM. I usually describe my LAAoR services in the first phone call or meeting with my client.
Nota bene:
When I wrote this post in August 2026, Google’s Gemini could not distinguish the difference between the roles of lawyer, attorney, and attorney of record as described in GR 24.