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Here’s a line that exterminators use to scare their customers: For every roach you see, a million more are lurking behind the scenes. That’s the way it began to seem with lawyers as the election moved from the voting booth into the courtroom, where everyone and his mother (or mother-in-law, as in one case noted below) wanted a piece of the action. Consider some statistics gathered by Legal Times: From November 8, the day the first challenge of a butterfly ballot appeared in Palm Beach County, until December 6, litigants filed at least 32 separate suits, plus associated appeals. The work involved at least 250 lawyers and 53 judges. That makes a minimum of 10 lawyers for each of Florida’s 25 electoral votes. The work product generated by this battalion could overflow a landfill. As of December 6, at least 630 documents — petitions, responses, motions for emergency injunctive relief, fact memorandums, and even three notices of scrivener’s errors — had been filed in courts in Florida, New Mexico, Texas, Georgia, and Washington, D.C. The first appeal to the U.S. Supreme Court case engaged the efforts of 111 lawyers: 15 for Gore, 14 for Bush, eight for Florida secretary of state Katherine Harris, and four for Florida attorney general Bob Butterworth. The rest represented nine amici and the news media. Thirty-seven briefs or motions, totaling 1,088 pages (each copied 40 times as per high court rules), were filed. To measure the amount of adrenaline expended, The American Lawyer talked to scores of these lawyers in mid-December, when the battle was still raging:

JOSEPH KLOCK JR., PARTNER, STEEL HECTOR & DAVIS, MIAMI Client: Florida secretary of state Katherine Harris, the terror of the Democrats. How he got into this thicket: Received a phone call on the Sunday after the election that Harris wanted to hire the firm. The other woman: Was going to represent Theresa LePore, the Palm Beach County, Fla., elections supervisor who designed the infamous butterfly ballot. Opted for Harris instead. Relevant background: Had already made 10 to 15 arguments before the Florida Supreme Court. Gratuitous lawyer spin: “I hold Secretary Harris in high regard. She’s the least political person I’ve ever met.” Embarrassing moment: Repeatedly shook his head in disagreement during the arguments of George W. Bush’s lawyers before the Florida Supreme Court: “I was sure I was out of camera range!” Being paid? Yes.

BRUCE ROGOW, PROFESSOR, NOVA SOUTHEASTERN UNIVERSITY SHEPARD BROAD LAW CENTER, FT. LAUDERDALE, FLA. Client: Palm Beach County elections supervisor Theresa LePore Oddest statement to a federal judge: “Pregnancy does not count in Palm Beach. Only penetration counts in Palm Beach.” Previous high-profile client: 2 Live Crew. Being paid? Yes. ROBERT MONTGOMERY JR., PARTNER, MONTGOMERY & LARMOYEUX, WEST PALM BEACH, FLA. Client: Theresa LePore Why he’s there: “I’m a courtroom lawyer. She’s got 15 lawsuits against her.” Being paid? No. “I don’t need the money.” Number of hours worked: “I’m not an hourly lawyer.”

BARRY RICHARD, PARTNER, GREENBERG TRAURIG, MIAMI Client: George W. Bush How he got involved: Was contacted the morning after the election. “I ran a conflict check with my firm. As with any legitimate client, if it doesn’t conflict with any other representation, if it’s something I’m capable of doing and interested in, I do it.” What it’s like to be lead attorney for the Bush campaign’s Florida lawsuits: “I’ve had to keep a lot of plates spinning in the air, and I haven’t broken a plate yet.” Relevant background: Represented Jeb Bush in his second and successful Florida gubernatorial race. Represented Democrat Bill Nelson in his victorious campaign against House impeachment manager Bill McCollum for the open U.S. Senate seat vacated by Republican Connie Mack. Being paid? Yes. “I don’t do election representation pro bono for anybody.”

GEORGE TERWILLIGER III, PARTNER, WHITE & CASE, WASHINGTON, D.C. Client: George W. Bush Relevant background: Deputy attorney general under former president George Bush; informal adviser to George W. Bush during the campaign; had represented the Republican National Committee in election litigation before the U.S. Supreme Court. Number of hours worked: “That is privileged information.” Being paid? Yes. Did he donate to the Bush campaign? Yes. G. IRVIN TERRELL, PARTNER, BAKER BOTTS, HOUSTON Client: George W. Bush How he got involved: Was called at his Galveston, Texas, beach house by partner James Baker III just before Thanksgiving and asked to go to Florida. Relevant experience: Had faced off against Gore lawyer David Boies in litigations, including an American Airlines predatory pricing suit that Terrell won in the mid-1990s. Being paid? “I don’t know. I’d be happy to do it pro bono. I believe I’m doing this as a citizen to be sure our courts and the public at large know the truth about the voting in Florida.” What Baker Botts managing partner Richard Johnson says about being paid: “We do not consider this pro bono.” Did the firm donate to the campaign? Yes. It donated the maximum allowed, $5,000 to the Bush campaign for both the primary and the general election. Individual contributions from Baker Botts attorneys to the Bush campaign came to roughly $125,000, according to Johnson.

FRED BARTLIT JR., PARTNER, BARTLIT BECK HERMAN PALENCHAR & SCOTT, CHICAGO Clients: George W. Bush and the Republican Party How he got involved: Called by Terrell on the Saturday after the election; Bartlit was at his daughter’s wedding at the time. Bartlit left for Florida the next day. Past election litigation experience: As a first-year associate at Kirkland & Ellis in 1960, Bartlit was sent to Texas in anticipation of a contest to the results in the Nixon-Kennedy presidential race. Being paid? Yes.

DAVID BOIES, PARTNER, BOIES, SCHILLER & FLEXNER, ARMONK, N.Y. Client: Al Gore Previous high-profile case: Ask Bill Gates. How he got involved: “I got a call from Walter Dellinger [a former solicitor general], who is a law school classmate of mine, on the Monday after the election, asking if I could come down to Florida for a few days.” Time spent at home during the case: “About 20 hours total during Thanksgiving.” Why is he involved? This was less a political issue to me than a voting rights case, which I’ve worked on many of during the last 30 years. That the ballots were counted was important.” High point: “It’s really like a sports season. You go day by day, hour by hour, not really getting too excited. If you start to celebrate in the middle of things, it can cause problems. So you try not to get too high or too low; you just go on to the next event.” What’s it like to be a superlawyer? “I’ve continued to work on my other cases from down here. I’ve had a telephone pretrial conference in Napster; I’ve got a trial for Calvin Klein in January; [and] another trial coming up for 3Com out on the West Coast.” Being paid? It’s all pro bono. BENJAMIN GINSBERG, PARTNER, PATTON BOGGS, WASHINGTON, D.C. Client: George W. Bush (lead lawyer for the Bush legal team) Qualifications: General counsel to Republican National Committee, 1989-1993. How he got involved: As counsel to the Bush campaign, he was in Austin on Election Night: “When the networks announced we won, it was very emotional, a lot of hugs. We went over to the capitol for the victory celebration, but about 4 a.m. [Bush campaign director] Don Evans called us back and said, ‘I think we’re going to Florida.’ ” Two chartered flights left Austin a few hours later. Lots of hours, right? “Get in about 8 a.m., usually leave between 10 and 11 p.m. Some days have been a lot longer.” Pretty glamorous, though? Left Florida for only one day, Thanksgiving, and spent most of that day on the phone before returning to Tallahassee the next morning. “That Saturday I took everyone out for dinner. I think it was the only meal I ate in Florida that wasn’t on a Styrofoam plate.” Being paid? Hasn’t really discussed it. “I imagine it will largely be pro bono.”

PHILIP BECK, PARTNER, BARTLIT BECK HERMAN PALENCHAR & SCOTT, CHICAGO Client: George W. Bush. How he got into this brouhaha: “Irv Terrell from Baker Botts recommended us. Fred [Bartlit] was down working on the military ballots fight, and it looked like they’d need additional trial lawyers for the absentee ballot cases.” Why he’s doing this: “We thought it would be fun. A big nationally publicized trial? Trial lawyers live for that!” What it’s like: “I’m getting about four hours of sleep a night.” Election law background? “Nope. But I’m learning quickly.” Donations: “I think I donated 500 bucks to either Bush or the Republicans. We’re not really political guys.” Being paid? “I’m not sure. We haven’t talked about it. I assume it will work out later.”

CHARLES FRIED, PROFESSOR, HARVARD LAW SCHOOL, CAMBRIDGE, MASS. Client: Florida state legislature. How he got involved: “They called me up and asked me. I was a judge, solicitor general. I teach constitutional law. What else do you need to know?” Hours worked: “Lots of hours.” Any donations to a political party? “Why are you asking that? I suspect some sort of hidden agenda, and I don’t like it.” LAURENCE TRIBE, PROFESSOR, HARVARD LAW SCHOOL, CAMBRIDGE, MASS. Client: Al Gore His role: Handling all federal constitutional matters. How he got involved: Was asked personally by the vice president. Where he was supposed to be in November and December: Taking a long-awaited vacation. How much time did he put into the election litigation? “I can’t answer any more questions; I’ve got to get back to work.” Being paid? No.

ALAN DERSHOWITZ, PROFESSOR, HARVARD LAW SCHOOL (CURRENTLY ON LEAVE) Clients: Seven independent voters in Palm Beach. Greatest coincidence: The week after the election, Dershowitz was in Palm Beach to plug his most recent book. When the voters heard he would be in town, they arranged to meet with him at his hotel. He agreed to take their case. Really? “I swear it’s true.” Being paid? No.

RONALD KLAIN, PARTNER, O’MELVENY & MYERS, WASHINGTON, D.C. Client: Gore/Lieberman campaign How he got involved: Had been on leave from the firm since July and was involved in a more general role in the Gore campaign. Longest period without sleep: A day and a half. Being paid? No. KENDALL COFFEY, PARTNER, COFFEY, DIAZ & O’NAGHTEN, MIAMI Clients: Gore and the Miami-Dade County Democratic Party Expertise: Florida election law Nasty fallout from the case: Dissolution of his 23-lawyer firm. His two name partners are Bush supporters. “This has been extremely controversial for the firm.” More nasty fallout: Media replays of Coffey’s embarrassing resignation as U.S. attorney in Miami after he allegedly bit a topless dancer. Last high-profile case: Represented the Miami relatives in the Elian Gonzalez matter. CHARLES LICHTMAN, PARTNER, GENOVESE LICHTMAN JOBLOVE & BATTISTA, MIAMI Client: Broward County Democratic Party How he got involved: Called by Leonard Samuels of Berger Davis & Singerman the morning after the election. “It was like the Mafia. Once you’re in, you can’t get out.” What about his other cases? “My clients were informed, or they figured it out from watching TV.” What kept him going? When he arrived home after the Florida Supreme Court extended the recount deadline, “the kids didn’t have school the next day. So even though it was 11 o’clock, there were about 12 young teenagers lined up on both sides of my driveway. When I pulled in they were all cheering. They all gave me high fives when I got out of the car. That really motivated me.” Being paid? “We’ll see. I am listed as approved counsel.” Does he donate money to the Democrats? Yes. Has he donated since the election? “What? My time wasn’t enough?” W. DEXTER DOUGLASS, PARTNER, DOUGLASS LAW FIRM, TALLAHASSEE, FLA. Client: Al Gore How he got involved: Was recommended by Florida lawyers as an effective local power broker. Why he got involved: “I’m a lifelong Democrat in a sea of wallowing Republicans.” Relevant experience: Was counsel to former Florida governor Lawton Chiles. Being paid? “I don’t answer those kinds of questions. I was working on the case as a lawyer.” JONATHAN MASSEY, SOLE PRACTITIONER, WASHINGTON, D.C. Client: Al Gore (primarily in the U.S. Supreme Court case) How he got involved: Called in by Laurence Tribe. “I’ve worked with him for the last decade on a number of cases.” Any prior election law experience? “No. I don’t think anybody has experience with this. Well, anyone who did is dead now.” What he did: “I’m a general drafter. I’m the person who had to stay up all night before the brief was filed. Everyone’s sleep-deprived.” Being paid? No. JOSEPH GELLER, PARTNER, GELLER, GELLER, SHIENVOLD, FISHER & GARFINKEL, HOLLYWOOD, FLA. Client: Miami-Dade Democratic Party Experience: Has worked on about a dozen election cases. Why he got involved: “The future of the country was at stake.” Low point: “When I was chased by a mob of hired Republican protesters who thought I had a ballot, when in fact I had a sample ballot. They committed violent acts upon my body.” Geller says he had to go the hospital for treatment of cuts and bruises that resulted from being hit with protest signs. Being paid? Expects to be. STEPHEN ZACK, PARTNER, ZACK, KOSNITZKY, MIAMI Client: Al Gore How he got involved: First called by a member of the Gore team. “I said that I didn’t have the time.” Then David Boies, a good friend, asked him directly to come to Tallahassee. Number of hours worked: Can’t keep track. When Zack checked out of his hotel in Tallahassee, he received a bill for four days. “I went to the desk and said ‘This is wrong. I’ve been here for two days.’ I was wrong. The days have blended together.” High point: Confronting a Bush witness with the patent application discovered by his partner Jennifer Altman that outlined the deficiencies in the voter machines. What it’s like: “Everything changes so fast. You can’t get down or up because the next minute it’s changed.” JOHN NEWTON II, PARTNER, BERGER DAVIS & SINGERMAN, TALLAHASSEE Client: Al Gore How he got involved: Was called the Thursday following the election and asked to monitor the beginning of the vote recount. Fondest memory: “Watching our professional lives on TV.” Youngest member of his legal team: Newton’s 3-year-old daughter, Colleen, who spent 10-hour days in the office with the Gore lawyers while her mother, a news reporter, covered the case. Colleen wrote her briefs on a Barney the Purple Dinosaur computer.

HAROLD MARDENBOROUGH JR., PARTNER, MCFARLAIN, WILEY, CASSEDY & JONES, TALLAHASSEE Client: Matt Butler, a Collier County man suing to ensure that the statutory deadlines are adhered to. How he got involved: His partner, Terrell Madigan, is a friend of Butler’s. High-profile cases: “I don’t know that I’ve had any high-profile cases. I’m just a guy who grinds it out and does all the work that comes across the desk.” Being paid? Yes. Did he donate to the Bush campaign: “I don’t make enough money to donate to anybody. I’ve got three kids, two of them in private school. I can’t do that.”

JAMES BOPP JR., GENERAL COUNSEL OF NATIONAL RIGHT TO LIFE COMMITTEE AND THE JAMES MADISON CENTER FOR FREE SPEECH Client: Brevard County voters suing to prevent certification of hand recounts Relevant experience: Has handled more than 60 election law cases in 27 states. Other clients include the Christian Coalition and some North Carolina hog farmers. Hours worked: “Hundreds.” Postelection political donations? “I’m making a hell of a contribution through the lawsuit.” MICHAEL HARDY, PARTNER, SCHEURER WIGGIN & HARDY, NEW YORK His role: Hardy is advising the Rev. Al Sharpton and the National Action Network in a pro se race discrimination case filed against Miami-Dade County. Relevant experience: Has represented Sharpton and the National Action Network in many high-profile cases, including the Tawana Brawley case. Has also taken on election cases in New York. Being paid? Yes. GARY FARMER JR., PARTNER, GILLESPIE, GOLDMAN, KRONENGOLD & FARMER, FORT LAUDERDALE Client: Beverly Rogers, a voter who brought suit against Palm Beach County, alleging that the butterfly ballot violates Florida statutes. How he got involved: She’s his mother-in-law. Being paid? What do you think? – Compiled by Reshmi Basu, Daphne Eviatar, Amy Fantini, Dan McAllister, Douglas McCollam, and John Turrettini

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