Norwood Trial Lawyer John J. C. Herlihy Named Fellow of the American College of Trial Lawyers-September 29, 1973

“I would like to be instrumental in preserving the jury system in the United States. It is essential to our way of governing and our way of life.”

There is little doubt that Norwood attorney John J. C. Herlihy of 10 Victoria Circle will have a strong voice in that preservation. An attorney for more than 20 years who handles trial cases almost exclusively, Herlihy was recently named a fellow of the prestigious American College of Trial Lawyers and serves on the committee for the administration of justice of the Massachusetts Bar Association.

A Career of High-Profile Precedents and Challenges

Herlihy’s extensive courtroom career has encompassed cases ranging from landmark culinary disputes to emotionally charged criminal trials stemming from anti-war protests.

Among his most famous cases was Webster v. the Blue Ship Tearoom, which centered on the integrity of traditional New England fish chowder. Defending a former Boston University restaurant on Atlantic Avenue after a patron choked on a fish bone, Herlihy cited historic recipes from culinary icons like Daniel Webster and Fanny Farmer to demonstrate that finding fish bones in authentic chowder was entirely natural. Though auditors and a jury initially ruled against the eatery, state Supreme Court Judge Paul C. Reardon ultimately found in favor of the restaurant, establishing a widely cited legal precedent protecting New England establishments.

Not all of his cases have been lighthearted. Herlihy has defended clients in severe burn injury lawsuits, complex insurance litigation, and turbulent criminal defense matters. Among his most memorable criminal trials was defending a Boston University student accused of assaulting a police officer with a 10-foot steel pipe during an anti-war riot at Northeastern University. Through meticulous investigation and uncovering eyewitness testimony proving the student’s innocence, Herlihy secured a victory while maintaining deep respect for law enforcement: “I have a great deal of empathy for counterculture groups… On the other hand, I have great empathy for policemen. Most of them are good men, and they have a tough time.”

Remarkably, it is a matter of record that Herlihy won his first 20 cases before the Massachusetts Supreme Court.

Early Life, Military Service, and Mentorship

Born on August 23, 1927—coincidentally the day Sacco and Vanzetti were executed—Herlihy grew up in Fitchburg, where his father, Charles M. Herlihy, served as president of Fitchburg Teachers College. A graduate of Boston College High School, Herlihy graduated early at age 17 in 1945 to enlist in the U.S. Army Air Force. His World War II military journey was uniquely dizzying: sent to Massachusetts State College, Norwich University, St. Lawrence University, Union College, and Boston College before flight training in Memphis, he experienced 20 months in the armed services across five colleges before World War II concluded.

Passing the bar did not immediately bring legal work. For several months, Herlihy dug ditches on a construction crew before securing a break under the tutelage of Walter F. Henneberry with the Boston firm Hale, Sanderson, Byrnes & Morton at 10 Post Office Square. Herlihy remains a senior associate member of the firm and considers Henneberry his great benefactor.

Dedication to the Jury System

Outside the courtroom, Herlihy lectures at the New England Law Institute and the National College of Advocacy at Harvard University, alongside writing articles for legal publications. Out of approximately 15,000 members of the Massachusetts Bar, only about 100 have been selected for admittance to the American College of Trial Lawyers.

Reflecting on the state of the legal profession in the wake of national political scandals, Herlihy decried the tarnished public image of lawyers, stating, “The Watergate lawyers are dealing with politics, not people, and they lose their perspective.”

For Herlihy, trial work remains “right on the firing line. It’s a lawyer’s dream job,” though he adds with a wry smile, “whenever I start to think that I’m getting to be a bit shot, I remember that once I had to dig ditches.”

Herlihy and his wife, Mary (Durkan) Herlihy—who was born in County Mayo, Ireland, and was one of 17 children—live in Norwood with their eight children, ranging in age from 4 to 19.

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger