Young Brian Zulberti may be nice guy. He may even be a competent lawyer, though the chances of his being able to demonstrate that are diminishing daily. Nevertheless, his quixotic and misguided, and dare I say it, really stupid, quest to show that professionalism, judgment and character are not properly relevant to the practice of law is an exercise in hubris that must fail, deserves to fail, and of course, will fail, leaving him to pick up the pieces of fifteen minutes of media fame purchased at the price of a reputation. It looks like he’s having fun, and that’s something, I guess. Ten years from now, I doubt that he’ll think it was worth it.
Shortly after passing the Delaware Bar, Zulberti, a 2009 law school grad, emailed the entire Bar membership asking for a job. In lieu of his résumé; he attached a photo of himself in a Villanova Law muscle shirt that would be more at home on a dating site for the shallow. The web also contained his half-naked selfies, and various websites with varying motives picked up the story. Interviewed on YouTube, Zulberti proclaimed that being true to himself was more important to him than getting hired, and that he wasn’t about to change his Facebook privacy settings to portray himself as a traditional, dignified, applicant for legal work.
Let me pause here to say that in many ways I sympathize with Zulberti. There are aspects of my personal life, notably the theater, that I know have handicapped, or at least diverted, my legal career on occasion, but in other ways I have benefited from not conforming to the typical template. I encourage all young lawyers to fight to maintain their individuality, and to have confidence that a law degree can accommodate many different career paths and goals. My law school career was dominated by my efforts to produce Gilbert and Sullivan operettas with law student casts, and I was told, often, that I was committing scholastic and career suicide. Instead, the Law school hired me as an administrator and fundraiser after graduation, an offer I did not solicit; the position led to wonderful relationships in the law and a series of challenging law-related positions,and the theater company I co-founded is starting its 41st year. That organization has enriched the lives and careers of more than a thousand law students; and I look upon it as one of the most rewarding and significant achievements of my life.
But directing a theatrical production, I think we can agree, while not expected of law students or lawyers, is a bit more substantive and easy to defend than allowing prospective employer see a Facebook profile photo like this:
Needless to say, Brian got a lot of web publicity but no job offers. Now, in an effort to change the culture of the law to fit his interests and proclivities rather than the other way around, he is using his website to mount a full-bore assault on what he sees as pointless and unfair professional standards. As a statement of sorts, the website treats visitors and prospective employers to multiple photos that Anthony Weiner would approve of. He also subjected the Delaware Bar members hip to yet another mass mailing, in which he said, in part…
“I contact you asking for your support in an important social cause, albeit a controversial one. Here in Delaware, attorneys have a tendency to tout themselves as paradigms of legal competence, candor, and professionalism. What better distinguished body to take the forefront and speak out against the tidal wave of social media firings that is unjustly obliterating competent and driven employees from coast to coast. The problem is simple. Americans everywhere, especially professionals such as ourselves, are being fired for posting things through social media that are completely legal and have no tangible relevance whatsoever to their performance at work. The result has been the rise of the nonsensical belief that employers have the right to deem all of their employees as the “face of the company” during every waking moment of their lives. The further result is that each and every one of us, as attorneys, is faced with the decision to either fit into the expectations of how we behave in our private lives, or face the very real specter of devastating workplace consequences. This is wrong, and I have been working full time since the end of July, thanks in large part to generous donations from supporters and fans, to draw attention to this movement…I will offer a brief caution against opening my website at work or in a public place. There is some adult material on the site. After all, in order to stand up and boldly urge Americans everywhere to appreciate diversity, flaunt their identities, and never shy from posting whatever they want to on social media, so long as it is not illegal and does not pertain directly to coworkers or client confidences, I had to go “balls to the wall.” Yes, I did this by posing nude on my website. I am “all in” in this metaphorical poker game, and I invite you all to ante up and assist me.”
This does not fill one with confidence regarding Villanova’s legal education:
1. Lawyers indeed present themselves to the public as possessing competence, candor, and professionalism, not to mention honesty, diligence, and good judgment. This is because, above all, lawyers, as professionals, must be trusted, and worthy of such trust.
2. Part of that trust arises from a perceived willingness to accept personal sacrifices in order to fulfill the vital and demanding job of a lawyer in a society that is dependent on the rule of law.
3. A lawyer whose standard for professional and respectable conduct is whether or not it is legal is not trustworthy, because a great deal of unethical conduct is legal. Lying is legal, for example. Appearing in court dressed like Carmen Miranda or Larry the Lobster is legal. Sending out a tweet to a site you think is the Supreme Court that says “Go Fuck yourself and die” is legal. “Legal” is the lowest possible standards an employer can demand of an employee; “professional” requires quite a bit more, and the law is a profession.
4. It is not a “nonsensical belief” that employers have the right to deem all of their employees as the face of the company, because the public will often also see employees this way, and it makes perfect sense. A law firm that hires law grads who present themselves as immodest, preening clowns will be, quite correctly, regarded as a firm that either has no other options but to do so, which is not a good thing, or one that prefers immodest, preening clowns to professionals who present themselves appropriately, which is worse.
5. Faced with an inconvenient fact of human nature and relationships, the mature and rational individual accepts reality and adjusts his or her conduct accordingly. The individual who refuses to accept reality and instead declares it “nonsensical” is called “deluded.” The individual who dedicates himself to changing what not only isn’t going to change but can’t and shouldn’t is called a fool.
5. The expectations that one’s private life, which is to say the part of one’s private life that is made public, will be appropriate to one’s employment varies vastly according to the job involved. Lawyers are trained to understand that they are, in fact, lawyers forever and always, and that their conduct reflects on their profession no matter where or how it occurs. Why? Because a lawyer who lies, cheats and betrays those who trust her in the non-professional side of their lives is a likely candidate to do the same to clients and colleagues in the professional aspects of her life. This isn’t a silly notion, as Zulberti seems to believe. This is common sense, life, and truth. Mean people make mean lawyers; uncivil people make uncivil lawyers; liars make dishonest lawyers; and stupid people make bad lawyers. Occasionally there may be an exception, but no client, and no law firm should have to bet on one.
6. And narcissists make untrustworthy, well, everything, including lawyers. If Zulberti isn’t a narcissist, he is doing a damn fine impression of one, and narcissists are a risk in relationships requiring trust. Narcissists also are likely to have professional business cards that look like this:
(Unbelievable.)
7. The argument that private conduct should have no impact on professional esteem or reputation is a rationalization to allow individuals with unethical habits and preferences to excuse their own self-indulgent conduct and cry victim when an employer refuses to tolerate it.
Brian Zulberti is unprofessional in manner and possesses wretched judgement, so he is fighting to make those qualities acceptable not just in the workplace, but in the profession of law. It is self-evidently ridiculous, and calls into question not merely his maturity, values and character but his intelligence and sanity as well.
I think his best shot now is a reality show.
___________________________
Pointer and Facts: Above the Law
Sources: Gawker,Mayo Clinic, Brian Zulberti
Ethics Alarms 
Narcissism. Materialism.
I’m tired of expounding on this.
Short stuff: “Keep true to myself”, Jack, is not modern lingo for “maintain individualism” (like it means to you), it is modern lingo for “I don’t give one God-damn for what is expected of me, I want to be lazy. And when that game plan fails me, I have an excuse: I’m a non-conformist and the man kept me down”.
I’m sure someone can put together an appropriate formula together to estimate at what point in time his accrued school debt compared to what he makes at the local mcdonald’s catches up to his temporary market investment in bars, trendy clothes, and gym memberships before he realizes that affording one night stands while servicing his student debt is no longer a sustainable economic plan. You’ll see a change in his professional attitude then, or certainly in his sex related value propositions at a minimum. He’ll have to move to a new location, so his “i’m a lawyer line” can still work. Narcissists don’t admit defeat. They only run.
-Cynicus Maximus
I think ‘immature’ is the word I would use to describe him. I well remember this attitude among my friends in high school (usually present in the same people who think the first amendment means the school newspaper HAS to let them print the names of all the girls they think are pregnant). By college, this attitude was less prevalent and people with it tended to gravitate to fields better suited to their view on life and more accepting of facial tattoos. After 25 or so, I would describe anyone with this attitude as ‘not ready to grow up yet’. I don’t think this person is really mature enough to practice law. I definitely wouldn’t trust them with my money or any legal matter because immaturity tends to go hand-in-hand with irresponsibility. It definitely isn’t a direct relationship, but how many truly immature, but very responsible, people do you know?
I definitely agree.
Lemme rephrase my opening line:
Narcissism. Materialism. Immaturity.
Narcissism. Materialism. Immaturity.
********************
Narcissism. Materialism. Immaturity. Douche Baggery.
You’re all thinking it.
When you present yourself as a Weiner, people will accept you as one. Zulberti has just come face to face with the hard fact that the old Hollywood adage of “All publicity is good publicity” is, in fact, an old wives’ tale. Character still matters.
Whatever he gets from this action. He deserves.
Whatever he gets from this action. He deserves.
************
And wants.
But I’m guessing it’s not really a job.
Definitely specifically responding to this blog today on my site. Hugs and kisses. Xoxo.
Expected it, and can’t wait…especially for the illustrations!
It’s adorable.
When does the much ballyhooed sequel come out?
Part one was riveting.
Part 2 must be a doozy…
It’s apparently still in the works…
I’ll get around to Part I today.
My comment wasn’t aimed at you. Just general snark targeting Esquire Zulberti’s claim to have written Part 1 of 2.
Oh, I know. Just wanted you to know that BZ isn’t off my radar, and, in the words of Kevin in “Home Alone,’ he’s clearly “hungry for more.”
Ditto to your point on how you can leave elements of individuality to your personality without being stupid. Fresh out of college and job hunting, my Facebook profile suffered a sudden removal of pictures involving bottles of whiskey and scantily clad college girls- but not every picture with me drinking a beer or doing something silly and playful, because I’m no robot. Still, there’s some things you just gotta pull.
Also, I would hesitate to hire the guy because he used the phrase “A Escort.” I’m sure the lawyer market is saturated enough that I could find someone who didn’t look ignorant when writing without a proofreader.
Big deal, he’s unprofessional, we get it. He got his JD back in 2009… so he probably didn’t have much of a future in law anyhow despite his having just passed the Delaware bar. So making a name for himself in this way generates some publicity, most negative, but all he needs is one avenue leading to a career (hopefully not as an escort) and then this strategy worked for him.
Besides, he’s smokin’ hot.
I believe that is his opinion as well.
So tell me, and be honest… is there a small part of you that wishes you could strut your stuff to the world, have people turned on, and not have to worry about the professional consequences?
I figure that even if he has no career, he has a level of freedom I kind of wish I had. Not to mention, it takes some guts to just make yourself look like an idiot in public, understanding it fully, even when you don’t really have a whole lot to lose.
Sure, Except that if you are a worthy professional, you shouldn’t have that much to hide. I do NOT wish I could put photos of my sex organs on my blog, for example. If this is one’s idea of “strutting stuff,” it is a sad and diminished existence indeed.
So tell me, and be honest… is there a small part of you that wishes you could strut your stuff to the world, have people turned on, and not have to worry about the professional consequences?
Actually, no. I find myself utterly baffled by the people who use Facebook and Twitter and feel the need to expose the recesses of their psyches to the entire world. The near ubiquitous posting of selfies and so on is part of that bafflement. I honestly find it rather repellant.
Well, it’s not a need to expose their psyches, but a desire to. If someone wants to be public about everything, in a way that doesn’t harm anyone or really interfere with his/her job performance, why is that so wrong?
Of course, putting sleeveless photos in resume cover letters is entirely another story. But if he wants to expose his member on his website or social media site, he should be able to, in my opinion.
And for the record, I don’t even use Facebook or Twitter. I wouldn’t do anything like what this guy is doing. I just don’t think anything he did after the sleeveless pictures is really that big a deal.
No one has said he can’t. We’re arguing “shoulds” not “cans”.
But if he wants to expose his member on his website or social media site, he should be able to, in my opinion.
I didn’t say he couldn’t. I said I thought that sort of behaviour was repellant. These two positions are not mutually exclusive. People can post their candids all they likes, and I’ll continue to think that’s rather sordid.
is really that big a deal.
I suppose in the big scheme of things it isn’t. It’s just vulgar and shows an incredible lack of self-insight and social nuance. I had to smile at some of the things he wrote in his response to Jack’s post: my 12 year old daughter makes much the same sort of argument. “Society’s rules are for SQUARES, maaaaaaaaan. Fight the power!!”
Who said he couldn’t? And employers can decide if such conduct indicates the judgment, maturity, commitment to representing the profession well and proper priorities that suggest that he is a trustworthy lawyer. (They don’t.)
Well, if a lawyer were truly untrustworthy, he would try to seem trustworthy. I don’t think that someone who makes an utter ass of himself on the internet is really someone who is going to be untrustworthy. He may have other characteristics that make him not a good hire of course.
But he may, for all we know, be quite competent at the actual practice of law. Maybe he would be something of an oddball and nothing more.
Now admittedly someone who didn’t pass the bar for several years after getting his JD and never had a real legal job even before this started probably isn’t Supreme Court material. But maybe someone else who behaved in such an oddball fashion might actually be quite competent.
Well, if a lawyer were truly untrustworthy, he would try to seem trustworthy.
An unwarranted assumption. Untrustworthy people usually think they ARE trustworthy.
I don’t think that someone who makes an utter ass of himself on the internet is really someone who is going to be untrustworthy. He may have other characteristics that make him not a good hire of course.
A bizarre conclusion. A lawyer who makes an ass of himself in any forum will be regarded as a worse risk that one who doesn’t, and that seem like an obvious conclusion.
But he may, for all we know, be quite competent at the actual practice of law. Maybe he would be something of an oddball and nothing more.
There are thousands upon thousands of unemployed lawyers who are competent. Acting like an ass is not the way to stand out from the crowd.
I interpreted “untrustworthy” to mean dishonest, as in someone you can’t trust because he would do something underhanded. If you interpret it to mean someone who wouldn’t make a good employee i.e. someone you can’t trust to do his job well, then I’d say maybe yes and maybe no. His online behavior is certainly a big strike against himself. But if he is really skilled in other ways, maybe it would compensate.
I am not disagreeing that acting like an ass was a bad career move, and that now he’s a big risk due to his bizarre behavior. I’m just saying the possibility is still there that he might actually be good at being a lawyer, and that he just is an unusual person. Now if you look at his resume you realize that’s probably not the case, and it is far more likely that he is one of the many unemployed young lawyers out there. But really, four years after getting his JD he was pretty finished anyhow, so did he lose anything by pulling this stunt? I think not. So it’s only unprofessional in a profession he is not a part of anyhow.
Dishonest is dishonest. Untrustworthy people can be dishonest, they can also be stupid (but honest); reckless, impulsive, hypocritical, lazy (but honest), ignorant, forgetful, have warped priorities or substance abuse problems. Also have disabling phobias or obsessions, poor conflict resolution skills, or rotten judgment. Or just poor skills generally.
“Having good judgment” is also an important quality in a lawyer.
I now have a new hang-up: Distrust of any lawyer who I think “talks too much” in social media.
Jack, you haven’t reached “too much” with me – not yet.
But you might be getting close.
Oh, if I weren’t a practicing ethicist rather than a practicing lawyer, I would not have anything like the web foot print I have now. It would place clients at risk. What I need to show to be trusted is a record of passing along useful and effective ethical analytical skills and problem solving expertise to intelligent, diligent professionals.
“Oh, if I weren’t a practicing ethicist rather than a practicing lawyer, I would not have anything like the web foot print I have now. It would place clients at risk.”
That makes complete sense to me. “Practicing lawyer” is the crux. I am not asking, but am curious about how difficult it might be for you to return to law practice, after having created such a large footprint of yourself by practicing as an ethicist. I guess it would depend on the practice.
“What I need to show to be trusted is a record of passing along useful and effective ethical analytical skills and problem solving expertise to intelligent, diligent professionals.”
Well, I trust you; in your blog, I have not found any better source for learning how to apply ethics – no matter how or when my intelligence, diligence or professionalism might lack.
Honestly, I was only being silly in my last two sentences of Oct 22 at 8:40 pm. I am very clumsy about mixing together my silliness and seriousness. But you are helping me.
I think you need to look at his pics to understand him or what he’s advertising.
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