David Boies accused of unethical conduct

Case involves probate matter

BY FRANCES ROBLES frobles@herald.com

A New York state court is looking into whether Vice President Al Gore's top lawyer once brokered a payoff for a witness in a high-profile probate case.

A complaint was filed against Gore lawyer David Boies and other attorneys, alleging they coerced testimony from a witness by offering her $25,000 for 50 hours of ''assistance'' and a bonus of up to $1 million if her information was deemed useful. A written deal was struck in 1996 between diamond heir Bruce Winston and an employee, Kathleen A. Kerr.

The case involved jewelry-store heirs Bruce and Ronald Winston, brothers who were embroiled in a bitter dispute over their mother's $100 million estate.

Kathleen A. Kerr, who worked for Ronald, struck a deal in 1996 with Bruce Winston to testify on his behalf. She and Bruce Winston agreed in writing that she would be paid, because her testimony could adversely affect her.

But lawyers on the other side of the case wrote to the appellate division's Departmental Disciplinary Committee, arguing that the contract amounted to a bribe. A similar charge is pending before the Florida Bar against co-counsel Edward Wohl, who is licensed to practice in Florida.

Philip Korologos, managing partner of Boies, Schiller and Flexner's Armonk, N.Y., office, said he was baffled by the complaint because Boies represented Bruce Winston but did not help craft the deal.

''We were not involved in the preparation of that document and we didn't sign it,'' Korologos said. ''It's accurate that we represented one side of the Winstons. We were not involved in that.''

He said such arrangements are unusual and often considered suspect.

''It's not generally done,'' he said. ''It's generally not done.''

Korologos said Boies was too busy battling for Gore in Florida to discuss the matter. Wohl did not return a call seeking comment. Kerr's lawyer, Lawrence Levine, declined to comment.

In New York, a court clerk said the complaint is confidential unless the attorney is found at fault. In Florida, the Bar recommended Wohl be disciplined.

A settlement in the estate dispute was struck this summer, and should be finalized this month.

Gore’s lawyer accused of bribing witness in another high profile case

-- Ain't Gonna Happen (Not Here Not@ever.com), December 08, 2000