WurTTTzel = Self proclaimed BiTTTch

It is a little nitpicky, but I am glad to have this urban legend put to rest.

She claims that she is both a lawyer and a bitch, and you only question whether she is actually a lawyer.

In some other states, lawyers often list themselves as John Doe, J.D. Here, they are referred to as Esq. What does that imply?

I am wondering why this book needs a naked picture of the author on the cover?

1-- You really dropped the ball with that post.

I agree with Prof. Lubet. I think the bottom line is that she shouldn't refer to herself as a "lawyer" unless it's a casual description of her occupation. If somebody asks her "What do you do?", she shouldn't have to respond, "Well, I went to law school, and now I work at a law firm, but I'm not licensed yet." That's cumbersome and unrealistic. But she also should not refer to herself as a "practicing attorney," as she has done before.

5 -- Why not?

must be a slow day if Elie is beating this dead horse again.

I wonder if she bleaches her anus like all of her hipster friends do.

why no comments on the previous post? what did I miss?

Pneumatic-boobs: puffed up just like her lawyer claim. Long fingers are good for data entry though, so she'll find something, even in this economy, once she's gone from the BS law firm, which should be soon.

Well, Professor Lubet says he doesn't THINK it's a problem, which means there's a chance that it could be a potential problem.

I think it shows a complete lack of thought to post a comment like Wurtzel did on Gawker -- an internet website that is broadcast to the entire world.

She says, "This is my understanding: if you graduate from law school/receive a JD, you are a lawyer; if you are licensed, you are an attorney. That's what I've always been told."

Well, prospective lawyer, isn't it going to be your job to find the law and figure out what the rule really is and whether there is a distinction?

I don't think the words "lawyer" and "attorney" are as technical as she makes them. When this trade was still learned through apprenticeship, long before law schools and bar exams, people who plied it called themselves "attorneys" or "lawyers" all the time (it was no big deal). I don't think modern licensing requirements were intended to update the dictionary.

The issue is not whether she is a "lawyer" or an "attorney" (or all or none of the above). The issue is simply whether she is misleading people. Since most of the general public (including most licensed attorneys) assume that someone is licensed to practice law whe he introduces himself as a "lawyer" or "attorney," I don't think the niceties of her argument will appeal to the character and fitness committee even if it turns out that the argument is technically correct.

The professor is right that it depends on what she does, not the label she applies to herself.

What I think she means when she says she's a lawyer is that she's schooled in law, and likely will be appearing as a naked legal pundit or on the cover of some law-related book in the future. Otherwise, I'm not sure what her idea of a "lawyer" would translate into in the world Newton described.

If she advocates for or advises a client or appears before a court, then you've got a problem.

Are there other naked pictures of the author inside the book, or is it just words? If it is just words, the cover may inappropriately lead people to buy the book, and she could be sued for false advertising, bait and switch. I, for one, would expect more from a book or movie called "bitch" with a naked chick on the cover.

yeah, yeah, but she's not out soliciting work. pretty thin to say she's practicing illegally because she, a law school grad, identifies herself as a lawyer. i'm not licensed to practice in Hawaii, but I would identify myself as a lawyer when there on vacation.

I think people need to relax on the whole lawyer/attorney distinction. As long as she is not illegally soliciting business or defrauding clients, there is nothing wrong for her to refer to herself as a lawyer.

She is not yet licensed and she called herself a lawyer, so what is the big deal? Get some fucking common sense.

17,

Are you licensed to practice in another state or territory? If so, then it's fine to call yourself a lawyer. As far as I know, Wurtzel isn't licensed to practice anywhere.

16 -- Yeah, and if people bought the book relying to their detriment on the fact that they would find more naked pictures of this bitch inside the book and found no such pictures, they might have a claim under Promissory Estoppel.

Hell yeah. I had to be a "law clerk" and couldn't have business cards until I was admitted to the bar (much less passed the exam). That's the NY rule. What's up with all of the "it doesn't matter" b.s.?

Having a business card with the name of the law firm on it means you are practicing law at the firm and soliciting clients. The main purpose of a business card is to solicit business. This chick referred to herself as a lawyer in a freaking conversation. Big deal. If you say the wrong word, you will burn in hell forever.

21: Your firm was too cheap to issue "pending admission" business cards.

She has no right to call herself a lawyer or an attorney.

In other news, does anyone else think the subject matter of her book is completely ridiculous? Imagine if you saw this on the shelf:

COCKSUCKER - In Praise of Difficult Men

Sorry, you are not a special snowflake because you are "difficult" and a woman.

I said it once, and I'll say it again: I would love to fuck her in the ass, just once anyway.

How Prozac Nation won acclaim I don't know. She's always been the most whiney, self obsessed person, who acts like she has it rough as a JAP. Give me a break! The vindication, though, is that she's now over 40, single, and not attractive. Serves the Bitch right.

Give a shit? Answer = no.

Anybody of suitable age and discretion can be an attorney. The word refers to somebody authorized to act on behalf of another. I imagine that every lawyer has prepared a power of attorney form and granting powers to someone who is not a lawyer. Were it otherwise the term "attorney at law" would be utterly redundant.

14 - It's not just whether she's misleading people, it's the context in which the statements are made. If a couple prole physical trainers decide to try to pick up girls by telling them they're lawyers, they're definitely misleading them, but that doesn't mean they'd be barred from any future admission by the character and fitness committee for doing so.

It depends upon the context. I happen to think this is a closer case than the professor (since it's not just an isolated statement to one person), but the misrepresentation by itself is not dispositive.

I am planning to write a book called
"Slut: In Praise of Easy Women"
with a picture of a naked woman on the cover.

Do you think it would sell? Can I put a naked lawyer on the cover if she has not passed the bar?

Sad.

When is "Esq." appropriate. After obtaining the J.D.? Or only after admission to the bar?

28: Power of attorney (which in full title is called "attorney-in-fact) does NOT equal attorney in the common use of the word, which almost always refers to "attorney-at-law.. And trust me, EW wasn't trying to say that she had power of attorney over some random person in her interview. Nice try, but the technicality doesn't really work here.

Esq. doesn't mean anything. It's an honorary that people attach to lawyers but any dumbass can address themselves or others with the Esq.

When I see lawyers intentionally place the Esq at the end of their name, I know they're a douche.

From Wikipedia, re: Esq.

"In some states, however, using the term deceptively (in a manner that might lead others to assume you are licensed to practice law in that state) can be used as evidence of unauthorized practice of law."

And, cites to the Rules of the Supreme Court of Arizona, Rule 31(a)(2)(B)(2).

So, if you're in Arizona, don't throw around the term esquire if you're not licensed to practice law.

She's not a lawyer until she passes the bar, but I don't care if she refers to herself as one or not.

Unauthorized practice sanction is meant to protect the public, based on if the average person will use them interchangeably (and he/she will). Just like saying gay marriage is a civil right, making a distinction betw attorney, lawyer & esq. is contrived, pointless & artificial.

Professor Lubet is a retard. Wurtzel advertised herself as a lawyer in a national publication. There is nothing casual about that, moron.

I think the correct usage is the opposite of what some have suggested. A "lawyer" is an "attorney-at-law," i.e. a person licensed to practice law. An "attorney" is an "agent," who need not be a lawyer. Obviously, one need not be a lawyer in order to hold a power of attorney, authorizing one to serve as an attorney-in-fact.

So, I think that she can say she is an "attorney" if she acts as somebody's agent. She cannot say she is a lawyer unless she is licensed to practice law. And if she is not a lawyer, and does not hold anyone's power of attorney, she is just another law school graduate who failed the bar examination.

She clearly intended to deceive the public. She misrepresented herself to be a "practicing lawyer." The key word is practicing. There is no way in hell that she meant "a practicing law school graduate." That makes absolutely no sense and she makes no remorse for her intentional fraud. It's a big deal because it shows the type of favoritism that celebs / pseudo-celebs get.

39: It comes down to intent and what the public would reasonably conclude from her representations. The term attorney has come to mean "attorney at law" in the eyes of the public. Do you really think that any publication would give a shit if EW was moonlighting as some random person's agent with power of attorney? Absolutely not. And, that's why many / most jurisdictions won't let you call yourself an "attorney" unless you're licensed to practice in the state -- they realize that it's a BS distinction and that the public associates attorney with attorney at law. So, give this power of attorney / agent thing a rest -- it's not going to work.

Boies should definitely come under fire. Perhaps they were allowing her to do work that only a licensed attorney can perform, unaware of her status, causing her to believe that she was a practicing attorney. If I were a client, I would contact the firm and confirm that no non-lawyers were doing legal work on my matters, even if the matters related to tedious mind numbing document review work or memo drafting work or legal research work that a five year old chimpanzee could do.

No one cares about this. Stop posting about her.

43: I think they just want an excuse to show the book cover again to milk some more hits and advertising dollars out of it. Must be helping the page views a lot if they're posting yet another story on it. Kind of like Thiogate.

Nice body, but who wants to spend time with a bitch.

Did anyone read Wurtwel's messages??? She actually said she was a "practicing attorney", let me quote:

"I am a stable adult professional—a practicing attorney, capable of common sense"

Source:
http://www.elle.com/Beauty/Health-Fitness/Failure-to-Launch-When-Beauty-Fades/View-ELLE.com-s-tips-for-healthy-living-and-create-your-healthy-lifestyle2

Did anyone read Wurtwel's messages??? She actually said she was a "practicing attorney", let me quote:

"I am a stable adult professional—a practicing attorney, capable of common sense"

Source:
http://www.elle.com/Beauty/Health-Fitness/Failure-to-Launch-When-Beauty-Fades/View-ELLE.com-s-tips-for-healthy-living-and-create-your-healthy-lifestyle2

46-47: Geez, that is pretty bad. The words "practicing attorney" don't leave any ambiguity as to how she's trying to represent herself. Unlike attorney, which has many meanings (some more plausible, regular in usage that others), practicing attorney unequivocally means practicing law.

If a makes a difference, BSF refers to their personnel as "Lawyers" on their webpage and EW is not listed. So it appears her own firm does not believe that she is a lawyer yet.

I would agree it doesn't make a difference except that I (and the rest of us who took one or two or more) suffered through that joyous time of taking the bar exam...If you don't have to take the bar exam to hold yourself out as a a lawyer, then WTF? I got shafted somewhere. I would have absolutely loved to have skipped that test. and all the fun it was taking it.

A lawyer is someone that practices law. An attorney is someone that represents clients. They are nearly synonymous in American English because few people practice law without having a client to represent.

I agree 47 & 48 - she has specifically represented herself in writing and in public to be practicing law, and this would appear to be an unambiguous ethical violation.

And does anyone seriously think her clients don't think she's a lawyer? That she's never participated in a pitch? That she's never signed a letter from the firm? I call B.S.

She is not licensed so she not be holding herself out as an attorney/lawyer. This is more than casual comments to friends but this is how she hols herself out when she knows it is going to be reported in the wsj or nytimes. Maybe I just don't like her though because she likes to talk about "the profession" like she's an expert and she does not even have a card.

Everyone knows she is a Doctor of Jurisprudence.

So she can say she's a doctor also.

Just like Profs. do--there's a German joke--man says
he's from the US--the German says oh you must be a DR.--evryone is.

She has spunk--probably great at oral sex--
give her a pass.

She is holding herself out as a PRACTICING attorney:

"I am a stable adult professional—a practicing attorney, capable of common sense"

Source:
http://www.elle.com/Beauty/Health-Fitness/Failure-to-Launch-When-Beauty-Fades/View-ELLE.com-s-tips-for-healthy-living-and-create-your-healthy-lifestyle2

a Yale grad who can't pass the bar on multiple attempts?

Obviously she was admitted for her curiosity and celebrity status.

Now, her misrepresentations could cause a character & fitness committee to recommend denying her admission-- especially when you consider her prior autobiographical writings which reflect poorly on her character & fitness (drug use, etc).

THE UNAUTHORIZED PRACTICE OF LAW IN NEW YORK

Section 478 of the New York Judiciary Code: a lawyer may not render legal services "without having first been duly and regularly licensed and admitted to practice law in the courts of record of this state."

§ 478. Practicing or appearing as attorney-at-law without being admitted and registered. It shall be unlawful for any natural person to practice or appear as an attorney-at-law or as an attorney and counselor-at-law for a person other than himself in a court of record in this state, or to furnish attorneys or counsel or an attorney and counsel to render legal services, or to hold himself out to the public as being entitled to practice law as aforesaid, or in any other manner, or to assume to be an attorney or counselor-at-law, or to assume, use, or advertise the title of lawyer, or attorney and counselor-at-law, or attorney-at-law or counselor-at-law, or attorney, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he is a legal practitioner of law or in any manner to advertise that he either alone or together with any other persons or person has, owns, conducts or maintains a law
office or law and collection office, or office of any kind for the practice of law, without having first been duly and regularly licensed and admitted to practice law in the courts of record of this state, and without having taken the constitutional oath.

I actually know someone who had bar problems in another jurisdiction because of similar (alleged) conduct - he had been admitted in one state and applied in another while working in the new location already, and the new state, in response to a complaint that he was holding himself out as a lawyer there, denied the guy admission (at least at first), on the basis of unauthorized practice. I don't know what happened in the end, but this was treated as a material violation.

Sounds like Ms. W may have serious problems as well. Of course, the bar could always decide to ignore such issues and admit her anyway as an almost-celebrity, but they'd then have a much harder time defending denials of future applicants accused of the same conduct. Heck, let her in and we can all just start practicing in NY without taking the bar!

I am specifically aware of a lawyer being disciplined in one jurisdiction for referring to herself while at a cocktail party as a lawyer even though she was on "inactive" status at the time. Wurtzel's analysis is pure BS.

A suspended lawyer in Oregon, but the analysis is equally applicable here:

"Applicant's views about the limits of her duty of candor are startling. First, applicant incorrectly suggests that identifying herself as a “contract lawyer,” either by including that designation on her resume or by answering a job listing for a contract lawyer, does not convey the implication that she presently is qualified to practice law. Although it is true that contract lawyers often perform work that is not, strictly speaking, the practice of law, the use of the title in the context of an application for legal employment clearly implies a present qualification to practice.

"Neither does it matter that applicant claims to have felt assured that the work for which she was applying would not involve the actual practice of law. When applicant styled herself as a contract lawyer in response to an advertisement for paralegal help, she was setting herself apart from other paralegal applicants, and she was inviting the employer to select her on that basis. Whether or not the employer actually based its hiring decision on her self-designation, applicant was not candid when she described herself in terms that implied that she was qualified to practice law."

In re Starr 330 Or. 385, 398, 9 P.3d 700, 708 (Or.,2000)

A suspended lawyer in Oregon, but the analysis is equally applicable here:

"Applicant's views about the limits of her duty of candor are startling. First, applicant incorrectly suggests that identifying herself as a “contract lawyer,” either by including that designation on her resume or by answering a job listing for a contract lawyer, does not convey the implication that she presently is qualified to practice law. Although it is true that contract lawyers often perform work that is not, strictly speaking, the practice of law, the use of the title in the context of an application for legal employment clearly implies a present qualification to practice.

"Neither does it matter that applicant claims to have felt assured that the work for which she was applying would not involve the actual practice of law. When applicant styled herself as a contract lawyer in response to an advertisement for paralegal help, she was setting herself apart from other paralegal applicants, and she was inviting the employer to select her on that basis. Whether or not the employer actually based its hiring decision on her self-designation, applicant was not candid when she described herself in terms that implied that she was qualified to practice law."

In re Starr 330 Or. 385, 398, 9 P.3d 700, 708 (Or.,2000)