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Barry Richard and David Boies, two of the courtroom stars of the infamous 2000 presidential ballot recount fight in Florida, are set to do battle again if voting problems arise in the George W. Bush-John Kerry contest in November. And Boies predicts that there will indeed be litigation. Richard, 62, a shareholder at Greenberg Traurig in Tallahassee who is one of Florida’s top appellate litigators, said he agreed last week to represent the Bush/Cheney campaign, but only in matters arising after the election. Joseph Agostini, spokesman for the Republican Party of Florida, declined to confirm or deny Richard’s hiring. Richard said in an interview that he was informally approached by both Republicans and Democrats in recent months about representing their presidential campaigns. But, he said, he conferred with Greenberg chief executive officer Cesar Alvarez and they decided it would be unethical for any Greenberg lawyers to represent the Kerry campaign because the firm represented George W. Bush’s campaign in 2000 and has inside information about the Republicans. He said he told state Republican officials last week that he wants to keep himself free up to Election Day, Nov. 2, to serve as a broadcast news commentator. Boies, 63, the founding partner of Armonk, N.Y.-based Boies Schiller & Flexner, said he will represent the Kerry/Edwards campaign if any major litigation occurs after the election. In 2000, Boies served as lead counsel for Democratic presidential candidate Al Gore. He represented the Gore/Lieberman campaign before both the Florida Supreme Court and the U.S. Supreme Court, which stopped the Florida recount and essentially handed the presidency to Bush. “I will not be involved unless there is litigation,” Boies said in an interview. “I would not be involved in any immediate litigation on Election Day, such as lawsuits to keep the polls open. But post-election, I would agree to be involved.” Boies predicted there will be post-election litigation in Florida over problems with the touch-screen voting systems used in 15 Florida counties, including Miami-Dade, Broward and Palm Beach. “It’s particularly unfortunate that some touch-screen machines have a verifiable audit and others don’t,” he said. Boies is one of the most prominent litigators in the country, famous for his successful representation of the U.S. Department of Justice against Microsoft. He has done legal work for the Democratic Party for 20 years and said he would not consider working for the Bush/Cheney campaign even if he were asked – which he wasn’t. Boies’ law partner, Stephen Zack, of Boies Schiller in Miami, was retained by the Kerry/Edwards campaign two months ago to serve as general counsel in Florida. Matt Miller, spokesman for the Democratic Party of Florida, said he didn’t know specifically about the hiring of Boies but said, “He’s Mr. Zack’s partner, and anyone that Mr. Zack recruited to help out is his decision.” Richard won international fame for his representation of the Bush campaign before the Florida courts, culminating in his arguments before the Florida Supreme Court. He was credited by many legal observers for the Bush campaign’s legal successes before the Bush team lost in the Florida Supreme Court. At the same time, Richard, a registered Democrat, drew some flak from fellow Democrats for crossing party lines for pay. Republican strategists used the Miami offices of Richard’s firm, Greenberg Traurig, as their local base of operations. Richard explained his firm’s decision not to represent the Democrats by saying, “We felt the Florida Bar could conclude we could not ethically represent Kerry. It would be like us representing someone in a corporate takeover and then four years later representing someone trying to unseat that person.” Such a move could be considered unethical due to inside information and strategy that he and his firm possess about the Bush campaign, Richard said. Richard said he told GOP campaign officials over lunch on Thursday that he would not represent the Bush/Cheney campaign before the election. He said he wants to remain free to be a commentator, but he has not been signed yet by any news organizations. Richard stressed that his decision to represent the Bush campaign was based on professional considerations, not his personal political preference. “I’m not a politician, I’m strictly a lawyer,” he added. On the night of the 2000 election, the Republican and Democratic parties scrambled to hire Florida lawyers when it became apparent that there were numerous election problems and that a recount would be needed due to the close race. This time, with more election system problems and another tight election looming in Florida, the campaigns are lining up lawyers well ahead of time. One Florida law firm, Holland & Knight, said it was approached to work for the parties back in April. Robert Sechen, general counsel for the state Republican Party, said in a written statement that “in 2004, we expect to win at the polls, and if taken to court, expect to win in the courtroom.”

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