Well, she sure doesn’t look like any lawyer I know…
The acclaimed author of “Prozac Nation” and “Bitch” graduated from Yale Law School while trying to figure out what she was going to do with her now rich and famous life. Elizabeth Wurtzel has yet to pass the NY bar exam successfully, however (she’s taken it at least once), which means she is not admitted to practice there or anywhere. Nonetheless, based on the fact that she was working as a paralegal at a law firm, Wurtzel gave an interview in which she arguably described herself as “a lawyer.”
This may not seem like a big deal, but it is. As discussed in the posts about Elizabeth Warren’s mysterious professional status, the unauthorized practice of law (UPL) is taken very seriously in the legal profession, and representing yourself as a lawyer when you aren’t is often enough to cross into UPL territory. Above the Law contacted two worthy legal ethics scholars who agreed that this did not constitute a professional ethics violation—that is, an inaccurate and sloppy remark in an interview, not designed to deceive, would not cause her trouble with the bar should she ever pass that pesky exam. A professional ethics violation is one that calls into question a lawyer’s integrity, honesty and trustworthiness sufficiently to raise questions about whether that lawyer should be allowed to practice law. The profs (Steven Lubet and Stephen Gillers) are right that Wurtzel’s puffery doesn’t reach that level.
If she meant to call herself a lawyer, however, it is still unethical, though, and in my view, worse than merely “sloppy,” which is Gillers’ assessment. To begin with, she is not a lawyer. She has a law degree. Just as holding an MD doesn’t make you a doctor until you pass the state medical exam, a JD doesn’t qualify Wurtzel to practice law. By implying that it does, Wurtzel, who gets more attention for her random comments than the average person by virtue of her pop status as a best-selling author, Wurtzel risks misinforming members of the public regarding what constitutes a qualified lawyer. That makes them vulnerable to fake lawyers, which is one reason why the unauthorized practice of law is important and a legitimate concern of the legal profession. Her cavalier attitude regarding the qualifications for her chosen profession also raises questions about her comprehension of its nature and her respect for its requirements.
But any good lawyer would be able to wiggle out of this bind. In the interview, Wurtzel answers a question by saying,
“I’m working on the Prop 8 case right now, and I’m very proud of that. But mostly, like a lot of young lawyers, I think I’m just happy when I do something that’s valuable to somebody.”
Is she saying that she is a young lawyer, or that she is just like a young lawyer? If Wurtzel can’t talk her way out of that one, she should never be a lawyer.
Ethics Alarms 
Actually, holding an MD (since the medical profession does insist that the degree is a doctorate) does made you a ‘doctor’, it just doesn’t make you a licensed physician.
Well, technically, holding a JD also makes you a “doctor,” but you can’t replace a heart valve. And neither can an unlicensed MD. As far as being qualified to do what we loosely call “doctoring”, a law grad and a med grad are in the same, unlicensed boat.
Yes, because doctor actually means that you hold a doctorate. To practice medicine, you either need to be a physician or a nurse practitioner. It is one of those imprecisions of common usage.
Is that her picture on the book cover? if so, one might wonder why she’s even bothering with any of this. She could have gotten a whole series on MTV built around her!
Don’t hop on that train too quickly. Black and White, creative angles, and photoshop can be quite flattering.
Plus a little strategic airbrushing… or the computerized equivalent. Still, she’s quite a sight!
Elizabeth has not passed the Bar and argues that she is a Lawyer. If she is a Lawyer then she is the kind of lawyer that cannot legally practice Law. I hear those are the best lawyers to have.