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Fla. bar investigates N.Y. judge for alleged unregistered practice of law
June 27, 2008
The Florida Bar is investigating whether newly appointed New York Court of Claims Judge O. Peter Sherwood — the former New York solicitor general — violated bar rules on the unlicensed practice of law by appearing in a Florida case without registering.
Jeffrey Picker, bar counsel at the Florida Bar, said Thursday that the bar is investigating a complaint made against Sherwood that he failed to register with the bar and pay a filing fee as required for out-of-state attorneys.
"The file is confidential, but we can say that we are investigating," he said.
Picker did not say whether the bar was looking into the second part of the complaint, in which Miami attorney J.B. Harris alleges that Sherwood verbally abused his client and refused to reschedule a deposition even though she was recovering from surgery and heavily drugged.
Harris filed complaints against both Sherwood and his co-counsel, L. Peter Parcher of the New York office of Manatt, Phelps & Phillips, last week with both the New York State Commission on Judicial Conduct and the Florida Bar.
Beth Bar, spokeswoman for the New York State Commission on Judicial Conduct, said she could not comment on any investigation, which would be confidential.
Sherwood said he was unaware of the new law requiring out-of-state lawyers to notify the Florida Bar of their Florida cases and pay a filing fee. He said he was granted permission to act as a pro hac vice lawyer before the Miami judge and thought that was sufficient.
"If I have to apply to the Florida Bar, then I'll do that," Sherwood said.
Sherwood said that Harris filed his Bar complaints to retaliate after Sherwood moved for sanctions against Harris. Sherwood wants Harris to pay his transportation costs to come to Miami for a second deposition because Harris walked out of the first deposition in the middle of it.
Parcher declined to comment.
Harris is opposing counsel to Sherwood on a high-profile case playing out in Miami state and federal courts. He represents Broadway dancer Alice Alyse, who filed a $100 million lawsuit against producers and choreographers of Movin' Out, the Broadway musical based on Billy Joel's music.
Alyse, a resident of Florida, filed suit in 2006, alleging that she was subjected to sexual harassment and verbal abuse after producers claimed her breasts were too large to fit into show costumes. Alyse v. Sprosty and Movin' Out Tour Company and Liberty Mutual Insurance Co., No. 06-054CA04 ( Miami-Dade Co., Fla., 11th Judicial Cir. Ct.).
Sherwood, a partner in the New York office of Manatt, Phelps & Phillips since 1994, was appointed to the New York Court of Claims in April by newly appointed New York Governor David Paterson. He takes office in July.
In his complaint filed June 13, Harris stated that Sherwood should be banned from taking judicial office, at least while the matter is pending, due to "his flagrant disregard for the Rules Regulating the Florida Bar, including the Rules of Professional Conduct, the Florida Rules of Judicial Administration, the United States District Court's Southern District Local Rules and other contemptuous acts described below." Harris declined to comment.
Florida Rules of Judicial Administration state that lawyers who are unlicensed in the state of Florida must pay a $250 filing fee and send a copy of their motions "pro hac vice" to the Florida Bar. Such "foreign" lawyers can handle only three cases on this basis in Florida during a one-year period.
According to a letter sent by the Bar's Picker to Harris, neither Sherwood nor Parcher have sent motions or filing fees to the Florida Bar.
The Florida Bar takes the unlicensed practice of law seriously and, at the bar's urging, the Florida Legislature passed strict new laws making certain violations of that law a felony.
Bob Jarvis, who teaches legal ethics at Nova Southeastern University in Davie, Fla., said he was surprised that Sherwood allegedly did not register pro hac vice but said it's ultimately not a big deal.
"I'd be very surprised if he gets anything more than a slap on the wrist," Jarvis said. "It's a technical thing. But it's pretty ironic that he overlooked it as he's becoming a judge. Maybe he hasn't seen the movie 'My Cousin Vinny.' "
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