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Judge of the Day: O. Peter Sherwood

Peter Sherwood Manatt Phelps Phillips.jpgThis is a few days old — but in light of today’s tech problems, for which we again apologize, we’re having one of those days. So please cut us some slack.

From an article by Julie Kay in the National Law Journal:

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.

Why reschedule? Depos when the client is all drugged up are the best kind. It might be interesting, when the lawyer conducting the deposition asks the boilerplate “are you under the influence” question, to have the witness answer “hell yeah” for once.

More discussion, after the jump.

The stakes in this care are, um, sizable:

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.

With apologies to the late Johnnie Cochran, if she has big titty, you must find liability.

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.

Insert Frat Stud quip here.

“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.’ “

If only Judge Sherwood had asked Chief Judge Alex Kozinski for movie recommendations. My Cousin Vinny is an AK favorite.

Fla. bar investigates N.Y. judge for alleged unregistered practice of law [National Law Journal]

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