Elizabeth Wurtzel: Can She Call Herself a ‘Lawyer’ Without Having Passed the Bar?
To those of you getting ready to take the bar exam this week, here’s some reassurance for you: even if you fail, life goes on. Consider this list of famous failures, people who didn’t pass the bar exam but went on to tremendous success anyway.
And here’s another boldface name who failed the bar: Elizabeth Wurtzel, the bestselling and critically acclaimed author, who graduated from Yale Law School last year and sat for the New York bar in July 2008 (and maybe in February 2009 too). In an interview with the New York Observer, Wurtzel shrugged off her bar failure.
In a more recent interview with Bitter Lawyer, Wurtzel once again breezed past that fact. From Gawker:
Wurtzel granted an interview recently to Bitter Lawyer, talking about how much she loves the law and how awesome it is being a lawyer and working at David Boies’s law firm. Except she’s not a lawyer! At least not in New York, where it seems to be unlawful to claim to be a lawyer if you haven’t passed the bar exam. Which she hasn’t.
In the Gawker post, John Cook parses Wurtzel’s Bitter Lawyer interview against the backdrop of New York rules and statutes regulating the legal profession. Cook suggests that Wurtzel describing herself as a lawyer violates New York Judiciary Law § 478, “Practicing or appearing as attorney-at-law without being admitted and registered.”
We forwarded the Gawker link to a pair of legal ethics experts, Professor Steven Lubet of Northwestern and Professor Stephen Gillers of NYU, and asked them to assess the situation.
Read what they had to say, after the jump.
Steven Lubet, the Williams Professor of Law at Northwestern Law School, was untroubled:
I read the linked article. I don’t think there is a problem with that sort of casual reference to herself as a lawyer.
To paraphrase ATL commenter Frat Stud, “Gals in my high school used to call themselves lawyers all the time, it was no big deal.”
Stephen Gillers, the Kempin Professor of Law at NYU Law School, had a more detailed assessment:
I have no knowledge of Wurtzel’s bar status or the lack of it, so I’ll just tell you the rules. There are three distinct issues. Apparently, only the first applies here.1. If you’re admitted to a bar in any state, you can call yourself a lawyer. (I’m not getting into admission in other countries.) If you’re not, you can’t. Wurtzel’s statement is sloppy. It is subject to two interpretations. If she is not admitted anywhere, the kinder interpretation would be that she is happy being useful “like a lot of young lawyers [are, even though I am not one].” But I think the more natural reading is that she is happy being useful “like a lot of [other] young lawyers.”
Nonetheless, giving the wrong impression in a casual remark is not going to get Wurtzel into trouble when she applies to the bar (assuming she hasn’t already done so and eventually does).
The next two distinctions may be irrelevant but for the sake of completeness:
2. A separate issue concerns misrepresenting your jurisdictional limitations. For example, if you use a law firm letterhead or business card with a NY address, you are implying you are admitted in NY so you must be admitted in NY. One way to avoid that implication is with a disclaimer on the letterhead or card that notes your jurisdictional limitations.
3. But even if you avoid that erroneous implication, with certain exceptions, you cannot practice law (other than temporarily) from a NY office if you are not a member of the NY bar. That is, a Florida lawyer cannot open an office in NY even if she makes it clear that she is admitted only in Florida.
But Professor Gillers ultimately reached the same conclusion as Professor Lubet: “[G]iving the wrong impression in a casual remark is not going to get Wurtzel into trouble when she applies to the bar (assuming she hasn’t already done so and eventually does).”
Still, even if the legal ethics experts have cleared her, Wurtzel might be well-advised to refer to herself as a “law clerk” or “legal intern” rather than an “associate” (especially in correspondence on Boies Schiller letterhead). If the powers-that-be can reject your bar application because you have too much in unpaid student loans, they can probably reject you for all sorts of other reasons too.
If you’re taking the New York bar again tomorrow, Ms. Wurtzel, we wish you the best of luck. Hopefully the third time will be a charm.
P.S. As for Wurtzel’s other possible character and fitness problems — e.g., her past drug use, firing for plagiarism, sexual misadventures, etc. — at least she has disclosed it all. She can give the C&F committee copies of all her books and say, “Read these, then let’s talk.”
Is Elizabeth Wurtzel Breaking the Law By Calling Herself a Lawyer? [Gawker]
Bitter Lawyer Loves Elizabeth Wurtzel - Part 1 [Bitter Lawyer]
(72) Comments
Comments
First!
First!
frist?
BIG who cares???
and FIRST (everyone cares about that!)
Guys in my high school used to have sexual misadventures with Elizabeth Wurtzel all the time, it was no big deal
frist?
Can you write a legal blog without being a real lawyer?
Apparently the answer is yes.
why would she want to be a lawyer anyway? So she could be unemployed??
They are just making an issue out of this because she is black.
People from Seton Hall refer to themselves as lawyers all the time, but Seton Hall isn't accredited. Is this ok?
Elizabeth Wurtzel has my permission to call herself anythibng she wants.
Wurtzel being sloppy with words - NEVER!
9 - Well played.
I am curious as to her anal bleaching status.
7 - haha, awesome
The word "this" is spelled "thjs" in the first sentence.
http://graphics8.nytimes.com/images/2007/10/28/fashion/28wurl600.1.jpg
too whorish, didn't read.
If she's not part of the state bar she can do whatever the fuck she wants.
In the VA legal ethic class we have to take within 1 year of passing the bar - they told us that a "lawyer" is someone learned in the law, but an "attorney" is someone representing another. Sounds to me like that makes her a lawyer, but not an attorney.
If I sucked her dick in an alley, would that be considered gay?
My last name rhymes with crystal.
i had gillers at nyu
holy shit that guy is boring, but he's a very sharp and nice man
19: Assuming that she's working for Boies's law firm, they're probably having her retake the NY bar. If that's the case, if she passes (given she's failed twice already, a major if) and her character & fitness is being reviewed, yes, violating the NY ethics rules could be taken into account in whether to find her fit to be admitted. Based on how colloquial the remark was, they're unlikely to hold it against her, but if she, for example, kept making the remark in other interviews, I could definitely see them making an issue of it.
Is this because she is a mixed race female from Boston who has a sharting problem?
She's got a JD. Technically she is a lawyer not licensed to practice in any jurisdiction (the same way Dr. Phil is a doctor despite lack of licensure).
What happened to the interns? Is there any truth to the rumor that they teamed up with Law S*ucks?
Speaking of rumors, seeing a lot of a highly professional Lat on here these days, working the semi nude photos of women. Wonder what could possibly be up with that?
Your mom goes to college.
Here is another reason not to hire any Penn Law Grads:
http://www.google.com/hostednews/ap/article/ALeqM5hf1OzYtDCj2ONpeWlGL6npO-4zggD99MV44G5
Just what is a sexual misadventure? Is that when you try but fail to have sex? Or is it when the sex is just dull and not very adventurous?
Who the hell cares?
The issue is whether or not she's holding herself out as an attorney and misleading clients. She's not. End of story.
That never stopped Elie from claiming to be a "lawyer."
7 - This is a Lat post.
Obviously just a ploy to display the only female skin Lat will be seeing this decade.
Lawyer or not, she's still (1) hot and (2) a very talented writer. Read "Prozac Nation."
First, that picture is circa 1992, not exactly a current photo. Second, take a peek at which company produced the film version of Prozac Nation... coincidence? I thinketh not!
I've always been under the impression that merely having a J.D. classifies one as a "lawyer"; whereas being licensed makes one an "attorney." Perhaps semantic but permissible under the Rules of Professional Conduct?
Nice picture 17 - she's heinous.
Her WSJ April 9 article also identifies her as a lawyer:
Miss Wurtzel, a lawyer in New York, is the author of "Prozac Nation" (Houghton Mifflin, 1994).
It's more than a casual reference in that case.
"Can She Call Herself a 'Lawyer' Without Having Passed the Bar?"
Why not? Andy Martin (a.k.a. Mr. "Obama-is-a-Muslim") does all the time. He's never gone to jail for it. (For assault and mouthing off at a judge; sure, but not for impersonating a lawyer.)
Can a Suffolk law studentTTT call themselves a law student?
She's a paralegal or a legal assistant.
Lubet is a great prof.
25 - Prof Gillers got it right: "If you're admitted to a bar in any state, you can call yourself a lawyer ... If you're not, you can't." A J.D. is just a degree, not admission to the bar of any state (other than in Wisconsin where you get a free pass on the bar exam if you attend one of their law schools, but even then you still must apply for admission to the bar and pass character and fitness, etc.) So, no. You can't call yourself a lawyer just because some school confers a degree on you.
25 - Prof Gillers got it right: "If you're admitted to a bar in any state, you can call yourself a lawyer ... If you're not, you can't." A J.D. is just a degree, not admission to the bar of any state (other than in Wisconsin where you get a free pass on the bar exam if you attend one of their law schools, but even then you still must apply for admission to the bar and pass character and fitness, etc.) So, no. You can't call yourself a lawyer just because some school confers a degree on you.
Love how she feels appropriate to make sweeping conclusions about the practice of law and the legal profession after lo these many MONTHS of working as an unlicensed attorney. Kind of messed up that Boies stealthed actual hardworking attorneys yet keeps her around when she badmouths the profession and laughs about failing the bar. Doesn't exactly look good...
What exam does she need to pass to hold herself out as a "Bitch"?
Is it funny that you represents herself as both a lawyer and a bitch, and you only question whether she is actually a lawyer.
I want Elizabeth Wurtzel so bad it hurts! I would pay big bucks to get her behind closed doors.
First.
Gillers and Lubet are two of the biggest names in legal ethics. Nice get, Lat.
This isn't the first time she has done this. Commenters pointed this out on ATL in a previous piece on here (I believe she gave an interview to the NY Times).
OF COURSE SHE CAN SHRUG OFF THE BAR!!!
SHE'S HOT!!!!
Ugly people (most lawyers) can shrug it off. You numbskulls can't rely on your looks; you have nothing but your "book smarts" (DUH!).
In the Elle magazine article she indicates that she is a "practicing attorney."
I summered with her at WilmerHale. No idea why they let her summer, but she got no offered. Smart move, Wilmer.
Am I the only person who thought Bitter Lawyer's very first question was very carefully phrased? "what is your title?". "Associate at Boies Schiller". The rest of us had it drummed into our heads by our employers that calling yourself an "associate" without any sort of disclaimer might qualify as "holding yourself out"... Offhand references to oneself as a lawyer notwithstanding, surely Boies has some rules about whether "associates" who have not yet passed the bar ought to describe themselves to the public as an "associate" of the firm without any sort of qualifier? Certainly Wall Street firms would have a problem with it.
Lubet and Gillers can opine however they want, but the only credited answer on tomorrow's bar exam is, "Fuck no, she can't call herself a lawyer."
actually you can call yourself a lawyer once you've graduated law school. but, you cannot call yourself an attorney until you are admitted to the bar.
I can haz blow job?
kitty *fap fap fap*
Re: the lawyer v. attorney debate
Regardless of whatever the technical difference could be you should not hold yourself out to the public as either a lawyer or attorney without being admitted. Holding yourself out as either is inherently misleading to the public because to the layperson, regardless of what the technical difference may be, they will reasonably think you can represent them in court. Whether it is misleading and perhaps an ethical violation should be judged by the viewpoint of a layperson, and I have never met a layperson that could tell me the difference between a lawyer and an attorney.
I'd like to bang da bottom outta dat thang -- lawya or no lawya.
I don't see why this lady should care one way or the other about the bar exam. I think it's impressive that she even bothered to try and take it. She's had 3 best-selling novels, and she sold the film rights to one of them. Her net worth is probably higher than most of the partners she works with, and I'm sure they damn well know it. When she decided to go and work at Boies Schiller, she didn't bother with an interview. She just called up David Boies himself and told him to give her a job. That is awesome!
62: "Her net worth is probably higher than most of the partners she works with"
Alright, the PPP at Boies is over $3 million / year. Her books are in her past, and movie rights to something that's not going to be an A movie aren't worth that much. I understand your point -- that she's much more financially well off that most first-year associates, etc. would be and that she clearly has real independent success in another field, but if she was clearing over $3 million / year already, she wouldn't be taking a firm gig period.
Um, 62=EW (pardon the pun). My friend used to be at her firm, word is she did apply through the normal channels but was unsuccessful so Miramax had to pull strings. Her account is about as factually accurate as her books.
http://www.nytimes.com/2007/10/28/fashion/28wurtzel.html
A 2007 NYT article about EW further refutes 62's "she's loaded" theory:
----
Although Ms. Wurtzel received a $500,000 advance for her second book, “Bitch” (and half of that for “More, Now, Again”), she took out loans to pay for her education. Yale’s law school tuition this year is $43,750.
“I’m badly in debt,” she said. “It’s got to be in the six figures.” Ms. Wurtzel has until Nov. 15 to take up WilmerHale’s job offer. She also has an essay collection in the works but no publisher yet.
----
Also interesting that her LSAT was horrible for Yale, yet she worked her way to the point where she was getting straight honors (more her talent or YLS's difficulty though?):
----
Her combined LSAT score of 160 was, as she put it, “adequately bad” (173 is the median for Yale’s current incoming class). “Suffice it to say I was admitted for other reasons,” Ms. Wurtzel said. “My books, my accomplishments.”
...
That attitude problem, coupled with many outstanding speaking engagements and some writing assignments, prompted Ms. Wurtzel to suspend her studies following her first year. But when she returned a semester later, she earned honors in all her courses.
----
Lastly, FWIW it says that Wilmer did indeed make her an offer.
"Lastly, FWIW it says that Wilmer did indeed make her an offer."
Yeah, it's not like she'd misrepresent herself in a newspaper interview or anything. What was this post about again?
65 - I don't think she got Honors throughout her law school career. The sentence says:
"But when she returned a semester later, she earned honors in all her courses."
That sounds like she got H's in all her courses that semester (the semester she returned after her time off).
62 - Yes, she had 3 best selling novels, one of which she sold the film rights to (that I don't even think received a broad theatrical release), 15 years ago. If you think she's been able to live a reasonably affluent lifestyle for 15 years on those accomplishments, you don't know anything about the book or film business. As far as her having "told" David Boies to give her a job, if by "told" you mean "begged", then you might be right.
66 - It's possible (and seems likely to me) that she received the dreaded soft offer.
67 - Doesn't everyone at Yale get mostly Honors anyway? It's not like they rank the students and nobody cares about the honors anyway, so professors don't have any reason not to.
Can you imagine how horribly this woman would've fared if she attended a school where students are on an actual curve?
Hard to believe they would keep her on given that she can't bill at a "lawyer" hourly rate. Too bad for the nice attys. they've stealthed there.
51, Lubet is one of the "biggest names" in legal ethics? Seriously? His magnum opus is " Lawyers' Poker: 52 Lessons that Lawyers Can Learn from Card Players ."
Buy your copy today.
http://www.amazon.com/Lawyers-Poker-Lessons-Learn-Players/dp/0195369017/ref=ntt_at_ep_dpt_3
68 - "Doesn't everyone at Yale get mostly Honors anyway?"
No. There is a required distribution of Hs and Ps.
Grades do matter at Yale for clerkships (the Holy Grail for Yalies).
The number of Yalies who graduate each year with perfect transcripts is in the low single digits.