Former O Positive frontman Dave Herlihy merges careers as a musician and a lawyer

Dave Herlihy abandoned his legal career for his love of music, and his ride on the mid-1980s rock 'n' roll merry-go-round with the band O Positive brought him a good measure of success, and a major label deal.  But when that rocket-to-the-top stalled out and the record deals faded away, Herlihy put his legal acumen to work advising musicians and other artists how to navigate their oft-frustrating business.

Herlihy's musical-and-legal career is one of the most unique stories in the Boston-area music scene, and now it has a new chapter. Herlihy has released his first solo EP, titled "Postcards from Kindergarten: Vol. One" on Lunch Records, this month, and is headlining Club Passim in Harvard Square on Friday night.

Herlihy's work as an attorney includes advising musicians and other artists on contracts, copyrights and intellectual property rights, and also teaching those subjects at Northeastern University. But this proud graduate of Boston College Law School never has lost his love of music, listening and especially playing with his friends.

"I had gotten out of B.C. Law in 1983, and worked for a white-collar crime firm, but realized it just wasn't for me," Herlihy explained from his Boston office this week. "It was like I had my midlife crisis in my twenties, but I decided to quit and pursue music.  It sounds very romantic, but it wasn't at the time. I never thought I'd ever practice law again. Most of the artists I really love will tell you they never had a 'Plan B.' Once I made the move, I gave O Positive all I had. And then after 12 years, it was remarkable we had all stuck with it. We did have two drummers over that time, but all the other members were original."

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A series of EPs made O Positive a popular rock band in Boston, with their 1985 debut "Only Breathing" and '87's "Cloud Factory" selling well enough to catch the attention of the major labels. Videos on the old V66 channel boosted their profile, and before long they were selling out two shows in one day at The Paradise. There were high hopes and increased touring when Epic Records released the album "toyboattoyboatTOYBOAT" in 1990, and Herlihy's witty, intriguing folk-pop and alt-rock songs were always captivating in concert. But a subsequent shakeup at the record company cut into their promotional campaign and eventually they were dropped completely. There was another album in '93, but by January '95, the handwriting was on the wall and O Positive decided to retire. 

"We always loved what we were doing," said Herlihy. "We had steady work, and a pretty fast climb after '85. Videos were becoming a big thing and we did well with those and we sold a lot of records. By the time Epic came calling in '89, we were a really good band that had worked really hard, and it seemed all those music business stars were aligned. And then we went through the big conveyor belt of the industry, and the timing was not right. If you're on a major label and don't get a gold record pretty quick, well, there are always newer bands to sign. We never quite reached the level with our album where we could hold on and try to build on it. We held on for a while and we still loved to play. But admittedly, the fire in my belly was not as hot at 38 as it had been at 28."

'I love being a lawyer'

Herlihy took a look at his life and how to change course. He wasn't eager to get back in legal work and starting another band seemed too daunting. He was intrigued with the potential for representing musicians – probably the pipe dream of any artist who's had to haggle over payment with club owners and promoters. But Herlihy's legal background was not exactly in that area.

"I went back to school and took about 30 more courses on copyright law and things like that," Herlihy said. "I wanted to hang out my shingle for creative clients, who are my inspiration. I love being a lawyer for people who are being creative. I was able to market myself somewhat inadvertently. The WBCN Rock Rumble was still going on, so I offered my services as one of the prizes, and then 'BCN mentioned it all the time on their broadcasts. Around that same time, I was offered the gig lecturing on copyright law at Northeastern and that turned into a full-time job. I helped create a music industry legal program at Northeastern. I still do law transactions and contracts, as an attorney, and help in litigation with intellectual property issues. I'm really fortunate to have found the right balance of utilizing my legal background to help creative people and also stay close to the music industry and the young people coming into it."  

'The Invisible Girl' is Herlihy's first single

The first single from the new five-song EP is already out, and "The Invisible Girl" is vintage Herlihy, an arrangement with energy bubbling underneath the main melody so that a lot seems to be going on, while the singer croons about an unforgettable woman. There are definite O Positive echoes, but it is perhaps even more slanted to mainstream pop, but Herlihy clearly still has the knack for creating intoxicating, fun tunes.

"I write a lot of songs still," Herlihy continued, "and the ones I like, I get with my friends and play them. You can call me a world-class hobbyist. I'm not going to quit my 'day job.' These songs are like Polaroid snapshots, and I'm not like some professional songwriter obsessing over them. As a band, O Positive always tried to get people dancing in clubs, and my sensibility is still very much the same."

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Herlihy's Club Passim show is a solo gig. "I've got to practice," he said, with a laugh. "I'm a rock 'n' roll guitar player, so I never got into fingerpicking or that other intricate stuff. The venue affects your set list for sure, and my set at Passim will be different than it might be at The Paradise, for example. I will play some gigs with a trio – the bassist and drummer from O Positive – and I'm hoping to bring along Beth Burnett on keyboards, who's also the producer for the EP. But this solo debut and Passim gig is just another chapter in the story. I can't go on the road now, with my job at Northeastern and everything else. Inside the Route 128 belt might be the limit of my touring. But we are making videos and releasing the music online and hopefully people can find it there."

Rockin' with Rhett Miller in Plymouth

A very enjoyable solo show from Rhett Miller last Friday at The Spire Center in Plymouth, with a set packed with Old 97's favorites, such as "Barrier Reef" and "Big Brown Eyes," and a tantalizing encore of Tom Petty's "American Girl" merging into Miller's own "Timebomb," another tune about a memorable lady. But checking out the posters of upcoming attractions was also a kick. The Spire soon will host Stonehill College alumni The Ballroom Thieves on Feb. 10, blues princess Shemekia Copeland on March 4, and those perennial South Shore favorites The Swinging Steaks on March 10.

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Upcoming gigs: Mallett Brothers, Suki Waterhouse and more

THURSDAY: Playin' Dead grooves at Soundcheck Studios. The electro-jamband Lotus at The Paradise Rock Club. Slaughter Beach, Dog, the Philadelphia alt-rock outfit, takes over The Sinclair for two nights.

FRIDAY: The Pearly Baker Band thrives on its Grateful Dead music, but they're liable to spice it up with Rolling Stones or Beatles covers too, at The Narrows Center. Starman, a David Bowie tribute, at City Winery. Maine's Mallett Brothers Band is one of the best Americana bands anywhere, at Soundcheck Studios. The acclaimed Session Americana, with guest singer Kris Delmhorst, guarantees a good time at The Spire Center. Punk-reggae quintet Bumpin' Uglies play at Brighton Music Hall. Irish songsmith Eden calls his new album and ICYMI Tour a paean to "ephemerality," which I'm guessing is a first for The House of Blues.

SATURDAY: Indie rock songwriter Gregory Alan Isakov is headlining Roadrunner. There There is a Radiohead tribute at The Sinclair. Vineyard rockers Johnny Hoy & the Bluefish shake up The Narrows Center. The Assisted Living Band returns to The C-Note. Electronic artist Chris Lorenzo at Big Night Live. Token raps at The Paradise Rock Club. Moondance is a Van Morrison tribute at City Winery. Boombox, with the Backbeat Brass, means a lot of happy feet at Brighton Music Hall. Folkies Rani Arbo & Daisy Mayhem harmonize at Club Passim. The sextet known as The Waves rocks Soundcheck Studios.

SUNDAY: City Winery offers The Lads from Liverpool, songs and stories from British Invasion stalwarts Billy J. Kramer, Joey Molland of Badfinger and Terry Sylvester from The Hollies. Actress/singer Suki Waterhouse performs at The Paradise Rock Club. Robin Batteau is at Club Passim. Funk-rock from Detroit when the quintet Mac Saturn burns down Brighton Music Hall.   

See Dave Herlihy

Where: Club Passim, 47 Palmer St., Cambridge

When: 8 p.m. Jan. 27

Tickets: $25

Info: 617-492-7679 or clubpassim.org

This article originally appeared on The Patriot Ledger: Former O Positive frontman Dave Herlihy merges music and law careers