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Longtime Akron attorney remembered as a “lion of the trial bar”

SHERRY KARABIN
Legal News Reporter

Published: July 28, 2015

A pillar in the Akron legal community, a consummate gentleman, a lion of the trial bar, and “a lawyer’s lawyer,” those are just a few of tributes being paid to longtime Akron attorney Howard L. Calhoun.

The 88-year-old passed away on July 5, following complications from Parkinson’s disease.

“Howard was a scholarly lawyer and an honorable, great man,” said Larry Scanlon, president of the Akron Bar Association. “I knew him very well. I met him when I was a kid because he practiced law in the same building that my dad did.

“He was one of those lawyers that I looked up to because of his professionalism and mastery in the courtroom,” said Scanlon, managing partner at Scanlon & Elliott.

A native of Akron, Calhoun was born in 1927. He graduated from Garfield High School and served a year’s tour of duty in the South Pacific with the U.S. Navy during World War II.

Calhoun got his bachelor of science in business administration from The Ohio State University and his juris doctor from The Ohio State University Moritz College of Law.

During his years at Ohio State, he received a Varsity “O” as a member of the university fencing team. Calhoun was also an honorary member of OSU’s School of Environment and Natural Resources.

He returned to Akron in 1950, where he was a sole practitioner for much of his career. In March 2005, he joined the law firm of Roderick Linton Belfance.

During his long career, he maintained a general litigation practice with an emphasis on personal injury cases and family law. At Roderick he was also active in the firm’s probate, business and real property law practices.

 

“Up until the last few months, Howard regularly came into the office to oversee his various business ventures and legal work for several clients,” said William G. Chris, a partner at Roderick Linton Belfance. “He always made himself available to mentor younger lawyers in the office. 

 

“I feel fortunate to have worked with Howard while he was with the firm and to have handled cases against him prior to his joining Roderick. He was a wonderful person to have in the firm and a respected trial attorney here in Akron,” said Chris.

“I have heard many local attorneys describe Howard as was a ‘war horse’ when it came to his trial skills. I cannot tell you the number of lawyers in town who have sang the praises of Howard Calhoun as a lawyer and a mentor and who have told us how lucky Roderick Linton Belfance was to have him as part of the firm. He will be greatly missed.”

Chris said Calhoun served as a trustee for The University of Akron, the Ohio Academy of Trial Lawyers and on the executive committee of the Akron Bar Association. In 2007, he was awarded an Honorary Doctorate of Humane Letters from The University of Akron.

Buckingham, Doolittle & Burroughs partner Frederick M. Lombardi said Calhoun was one of those attorneys who “practiced law the way it should be practiced.

“We represented clients on opposite sides,” said Lombardi. “You really had to be on your toes with Howard if you wanted to win your case. He worked very hard for his clients but he did everything according to the book. His word was his bond.

“You could always trust Howard. If something occurred in a case that was not correct, he brought it to the other side’s and the judge’s attention and made sure it was corrected,” said Lombardi. “He always fought a fair fight. We’ll miss him.”

Attorney Archie Skidmore recalled what it was liked to be opposing counsel in a case with Calhoun.

“He had a knack for befriending the other side’s client on the witness stand,” said Skidmore, the founding member of Skidmore & Associates. “He would be kind and polite, ask them some low-key questions about their occupation and then move in with the killer questions.

“I would always warn my clients to beware of him,” said Skidmore. “Although he was a powerful adversary, he was a real professional. I never heard him say an unkind word about anyone. He was a great trial lawyer, but he also had a good head for business, which is rare in the legal profession.”

Former Akron Law Director Max Rothal said Calhoun handled many driving under the influence cases in his earlier years of practice, but focused on other areas of law as time went on.

“I had two jury trials with him back when I was chief prosecutor for the city of Akron,” said Rothal. “He did an excellent job defending both cases.

“The cases took place around 1959 or 1960,” said Rothal. “The city had a lab technician who would color code the urine samples based on the amount of alcohol. Howard studied the system and talked to the technician and when he got to court he was like a scientist and was able to poke holes in the tests.”

Rothal said in the ‘70s, he and Calhoun were also on opposite sides in a personal injury trial. “I was impressed with his trial abilities. He was very good at cross examinations and very persuasive.”

Calhoun’s former legal clerk, Robert Hunt described him as “one of the finest civil trial lawyers in this county responsible for obtaining some very substantial verdicts.”

Attorney Hunt and Calhoun later shared office space in Akron for about 25 years, becoming friends in the process.

“He was a mentor to me and a very generous man,” said Hunt. “Howard owned about 200 acres of marshland outside of Rittman, Ohio. He was very kind to allow myself and his many hunting friends to waterfowl hunt on his property. He eventually sold most of the property to Morton Salt.”

Hunt said Calhoun handled a number of significant divorce cases over the years, representing mostly plaintiff-wives. In Blakemore v. Blakemore, he represented Rita Blakemore in her divorce from Robert Blakemore, who was the chairman of the Summit County Democratic Party at the time.

“This locally noteworthy case was ultimately heard by the Ohio Supreme Court, whose 1983 decision is now widely cited by courts throughout the state to define the term ‘abuse of discretion,’” said Hunt.

“In order to find that a court abused its discretion, there must be more than just an error of law or of judgment. It must be shown that the court's attitude was unreasonable, arbitrary or unconscionable. The case applied the same standard to domestic relations cases as had previously existed for criminal cases.” 

“Howard did lose that case in the Supreme Court, however, that does not end the story,” said Skidmore. “After that case, which established standards for court discretion, he used that reference in all his litigation.

 

“His arguments as a declared firsthand expert in the discretion standards required of the courts won a great many court discretion arguments,” said Skidmore. “He made a loss a win and who could argue with him?”

 

Over the years, Calhoun volunteered time at many state and local boards and other organizations like Summit County Children Services and Cedar Development.

Chris said Calhoun was a man of many interests. “While being active in Republican politics, he also was an avid sportsman for much of his life,” said Chris, who added Calhoun was a founding member of the Akron Chapter of Ducks Unlimited, the world’s leader in wetlands and waterfowl conservation.

Calhoun also formed the Ohioans for Wildlife Conservation [OWC] committee for Summit County. He was a member of the U.S Sportsmen’s Alliance-OWC board of trustees and the National Wild Turkey Federation as well as being active in the National Rifle Association.

He dedicated 47 years of service to the Ohio Department of Natural Resources through his work with the Ohio Wildlife Council, which he chaired for 19 years. As chairman of the Wildlife Council, Calhoun became a member of the ODNR Recreation and Resources Commission, of which he was chair and secretary several times.

In 2010, the state of Ohio gave Calhoun the Cardinal Award, Ohio’s top honor for those who have made a significant contribution to preserving and protecting the state’s natural resources.

“Howard was a sportsman and an environmentalist at the same time,” said Lombardi.

“Howard was a role model and mentor to me and many others,” said Scanlon. “He was a great husband and a wonderful father. The kindness and understanding that he showed his clients was second to none.

“Everything that Howard did in his life was for the betterment of the community.

“He was respected by both sides of the trial bench and even though he was active in Republican politics, the Democrats still trusted him. He stayed sharp right to the end,” said Scanlon.

Howard Calhoun was laid to rest on July 9.

Calhoun is survived by his wife of nearly 62 years, Marjorie. He also leaves behind his son, Michael L. of Akron; daughter, Jill Van Nuis of Kennesaw, Georgia; grandchildren, Sean, Teddy and Tim Calhoun of Columbus, Ohio; Jack, Christina and Jamie Van Nuis of Kennesaw, Georgia; sister, Dr. Ila Porter of Cleveland and Huntsville, Alabama and nephew, James (Nancy) Johnson of Huntsville, Alabama as well as many other nephews, nieces and close friends.

He was preceded in death by his parents, Perry L. and Fannie Calhoun of Akron.


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