Dave Herlihy gave up his legal career for his love of music and his ride on the rock 'n' roll merry-go-round in the mid-1980s with the band O Positive brought him good success and a major label deal . But when that rocket stalled and record deals faded, Herlihy put his legal acumen to work advising musicians and other artists how to navigate their often frustrating business.
Herlihy's musical and legal career is one of the most unique stories in the Boston music scene, and now it has a new chapter. Herlihy released his first solo EP, titled “Postcards from Kindergarten: Vol. One” on Lunch Recordsthis month, and it's front page Club Passim in Harvard Square on Friday night.
Herlihy's work as a lawyer includes advising musicians and other artists on contracts, copyright and intellectual property rights, as well as teaching these topics at Northeastern University. But this proud graduate of Boston College Law School never lost his love for music, listening and most of all playing with his friends.
“I had dropped out of BC Law in 1983 and was working at a criminal firm, but I realized it wasn't for me,” Herlihy explained from his Boston office this week. “It was like having a mid-life 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 be practicing law again. Most of the artists I love they'll really tell you they never had a 'Plan B.'Once I made the move, I gave O Positive everything I had, and after 12 years, it was remarkable that we all stuck around during that time, but all the other members were original .
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A string 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 attract the attention of major labels. Videos on the old V66 channel boosted their profile and they were soon selling out two shows in one day at The Paradise. There were high hopes and increased touring when Epic Records released the “toyboattoyboatTOYBOAT” album in 1990, and Herlihy's witty, catchy folk-pop and alt-rock songs were always a hit in concert. But a later reshuffle at the record company cut short their promotional campaign and they were eventually dropped altogether. There was another album in '93, but by January '95, the writing was on the wall and O Positive decided to retire.
“We always loved what we did,” Herlihy said. “We had steady work and a pretty quick rise after '85. Videos became a big thing and we did well with them and sold a lot of records. When Epic came in '89 we were a really good band that had worked really hard, and it showed that all these music stars were lined up get a gold record fast enough, there's always younger bands to sign But admittedly, the fire in my belly wasn't as hot at 38 as it was at 28.”
“I like being a lawyer”
Herlihy took a look at his life and how to change course. He didn't want to go back to legal work and starting another band seemed too daunting. He was intrigued by the possibility of representing musicians – probably the dream of any artist who had to haggle over payment with club owners and promoters. But Herlihy's legal background wasn't exactly in that area.
“I went back to school and took about 30 more classes on copyright law and things like that,” Herlihy said. “I wanted to put my rock out there for creative clients, who are my inspiration. I love being a lawyer for people who are creative. I was able to market myself somewhat unintentionally. The WBCN Rock Rumble was still going on, so I offered my services me as one of the awards, and then “BCN brought it up all the time on their shows, around the same time I was offered the copyright law gig at Northeastern and that turned into a full-time job A law program of music industry at Northeastern I still do legal transactions and contracts, as an attorney, and help with intellectual property litigation 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 out now, and “The Invisible Girl” is vintage Herlihy, a cover with energy underneath the main tune, so that a lot seems to be happening while the singer cries out for an unforgettable woman. There are definite O Positive echoes, but it's perhaps even more skewed towards mainstream pop, but Herlihy clearly still has the ability to create heady, fun tunes.
“I still write a lot of songs,” Herlihy continued, “and the ones I like, I take 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 obsessed with them, O Positive has always tried to get people dancing in clubs, and my sensibility is still the same.”
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Herlihy's Club Passim show is a solo concert. “I have to practice,” he said with a laugh. “I'm a rock 'n' roll guitarist, so I've never dealt with picking or any complicated stuff. The venue definitely affects your set list and my set at Passim will be different than at The Paradise. For example, I'll be playing a few gigs with a trio – O Positive's bassist and drummer – and I'm hoping to bring along Beth Burnett, who's also the producer for the EP Another Chapter in the Story I can't go on the road now, with my work at Northeastern and anything else within the 128 zone might be the limit of my tour people can find it there.”
Filming with Rhett Miller in Plymouth
A thoroughly enjoyable solo performance by Rhett Miller last Friday at The Spire Center in Plymouth, with a set packed with Old 97 favorites such as 'Barrier Reef' and 'Big Brown Eyes', and a tantalizing encore of ' American Girl” by Tom Petty. which merge into Miller's own 'Timebomb', another tune about an unforgettable lady. But checking out the posters of upcoming attractions was also a kick. The Spire will soon host Stonehill College alumni The Ballroom Thieves on February 10th, blues princess Shemekia Copeland on March 4th and perennial South Shore favorites The Swinging Steaks on March 10th.
More Rhett Miller: Read our detailed interview with the singer
Upcoming concerts: Mallett Brothers, Suki Waterhouse and more
THURSDAY: Playin' Dead grooves at Soundcheck Studios. Electro-jamband Lotus at The Paradise Rock Club. Philadelphia alt-rock outfit Slaughter Beach Dog take over The Sinclair for two nights.
FRIDAY: The Pearly Baker Band thrives on their Grateful Dead music, but they're also likely to spice it up with Rolling Stones or Beatles covers 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, featuring guest singer Kris Delmhorst, guarantees a good time at The Spire Center. Punk-reggae quintet Bumpin' Uglies play Brighton Music Hall. Irish songwriter Eden is calling his new album and ICYMI Tour “ephemeral,” which I'm guessing is a first for The House of Blues.
SATURDAY: Indie rock songwriter Gregory Alan Isakov headlines Roadrunner. There's a Radiohead tribute at The Sinclair. Vineyard rockers Johnny Hoy & the Bluefish rock The Narrows Center. The Assisted Living Band returns to The C-Note. Electronic artist Chris Lorenzo at Big Night Live. Iconic raps at The Paradise Rock Club. Moondance is a Van Morrison tribute to City Winery. Boombox, featuring Backbeat Brass, means lots of happy feet at Brighton Music Hall. Folkies Rani Arbo & Daisy Mayhem harmonize at Club Passim. The sextet known as The Waves rock Soundcheck Studios.
SUNDAY: City Winery offers Liverpool's The Lads, songs and stories from British Invasion stalwarts Billy J. Kramer, Joey Molland of Badfinger and Terry Sylvester of The Hollies. Actress/singer Suki Waterhouse performs at The Paradise Rock Club. Robin Batteau is at Club Passim. Funk-rock from Detroit when the Mac Saturn quintet burns down Brighton Music Hall.
See Dave Herlihy
Where: Club Passim, 47 Palmer St., Cambridge
When: 8 p.m. January 27
Tickets: $25
Information: 617-492-7679 or clubpassim.org
