 Al's
Man on Thin Ice in Gem Case
By Richard Johnson, with Paula Froelich and Chris Wilson
New York Post
November 30, 2000
DAVID Boies — the top trial lawyer representing Al Gore in his desperate
attempt to overturn George W. Bush's victory in Florida — isn't licensed
to practice law in that state. But if he were, he'd likely be facing a
disciplinary hearing in Tallahassee.
Boies and fellow lawyer Edward H. Wohl — his co-counsel in representing
Bruce Winston in his nasty fraternal feud with brother Ronald Winston —
are both under investigation in New York by the Appellate Division's Departmental
Disciplinary Committee.
Wohl and Boies are both accused of entering into an agreement in 1996 with
a witness, Kathleen A. Kerr, who had worked for Ronald at the family jewelry
firm, Harry Winston Inc. In Florida, Wohl faces similar charges.
It is almost certain Boies would also be a subject of the Florida probe if
he were a member of the bar there. "It's the first thing we look at," said
Ken Marvin, the Florida Bar's branch staff counsel.
"The agreement included compensation to Kerr in the amount of $25,000 for
the initial 50 hours of assistance," the Florida Bar vs. Wohl complaint states,
"and a bonus ranging between $100,000 and over $1 million depending upon
the æusefulness of the information provided by Kerr.'"
In both Florida and New York, where various Winston v. Winston suits were
contested, lawyers are not allowed to pay material witnesses for their testimony.
The hearing in Tallahassee against Wohl was adjourned in October pending
a settlement of the Winston warfare, scheduled to take place on Dec. 18 with
Ronald buying out his brother Bruce for $54 million.
The investigation in New York is much further behind. "This office typically
defers until an entire litigation is complete," the disciplinary committee's
first deputy chief counsel, Richard Maltz, informed Ronald Winston in a letter
last year.
Boies, America's hottest trial lawyer on the heels of
his
victory for the Clinton administration over Microsoft, is appearing in
Florida courtrooms at the pleasure of the judges who give him permission
to work in their state.
The Bar's Marvin noted: "A lawyer who is appearing in a Florida court on
a pro hoc vice basis is held to the standards of the Florida Bar - but we
can't take his license away."
An adverse ruling in New York could mean Boies would lose his privileges
in Florida. And then Al Gore will have to find himself a new lawyer. Boies
didn't return calls. |