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Colleagues pay tribute to longtime Akron litigator known for his fighting spirit
SHERRY KARABIN
Legal News Reporter
Published: June 2, 2015
Akron attorney Andrew J. Michaels once told Brouse McDowell partner Jeffrey T. Heintz that he specialized in complex multi-party commercial litigation and if “it isn’t complex and multi-party when I first get involved, it is by the time I’m finished.”
It’s that kind of die-hard enthusiasm for tackling legal matters that Michaels’ friends and colleagues describe when they look back on his career.
The 88-year-old passed away on May 8, 2015 leaving behind many loved ones, friends and former colleagues who held him in the highest regard.
“He was a fierce advocate and a daunting adversary,” said Heintz. “I had a couple of cases with him when we were on opposite sides. He was very selective about the clients he represented, but he would fight for them with every fiber of his being.”
“I had many cases with Andrew over the years,” said Archie W. Skidmore, a senior member of Skidmore & Associates. “Andy represented defendants and plaintiffs. He was always well prepared, an excellent cross-examiner, very aggressive and he knew how to think on his feet. He would argue like the devil with you one day, and want to buy you a cup of coffee the next day.
“Even though we were often adversaries, we had a good rapport and became friends despite the fact that neither one of us would give an inch in court,” said Skidmore. “In the 60 years I’ve been practicing, he was one of the best trial lawyers I’ve ever gone up against.”
A graduate of the University of Michigan Law School, Michaels was an active member of the Ohio State Bar Association for 60 years as well as a former president of the Akron Bar Association.
“I met Andrew when I first came to Akron to practice law in 1960 and he befriended me and we became good friends,” said Jerry Whitmer, of counsel at Brouse McDowell.
“Andrew was a member of Roetzel, Hunsicker & Michaels when I met him,” said Whitmer. “His firm merged with Brouse, McDowell, May, Bierce and Wortman to form Brouse, McDowell, Bierce, Roetzel & Hunsicker. The firm name was later shortened to Brouse & McDowell and now Brouse McDowell.”
He said Michaels left Brouse McDowell in the mid ‘70s to start a firm on Mill St. with attorney Daniel McGown.
“Andy owned the building and when he sold it he moved his office to a building attached to his home on Medina Line Rd. in Sharon Township,” said Whitmer.
“He built a complete office with conference rooms and everything he needed to practice law. He was a solo practitioner from that time on.”
Heintz said Michaels had already left Brouse McDowell by the time he started at the law firm. “I first came to know of him because of his litigation with the city of Akron over his property on Main Street,” said Heintz.
“It involved litigation over the redevelopment of Main Street. Andy owned the property that is now the Main Place building across from FirstMerit Tower.”
Heintz said Michaels always brought a level of analytical ability and creativity to all his cases. In his battle with Akron, he said “Andy came up with a theory that he called ‘inverse condemnation,’ where he argued that if an investment is made in a property in anticipation of acquisition by the city and the city later decides not to acquire it, the owner of the property can sue for damages.”
Retired Akron Director of Law Max Rothal was in charge when the lawsuit took place in the ‘80s.
“I had known Andy since the late ‘50s when I started practicing,” said Rothal. “Our offices were on the same floor of the First National Tower. Later we represented a client together and then we had a case against each other before I started with the city.”
In the case of the Akron lawsuit, Rothal said, “Andy and his partner Dan McGown waged a major battle, but the city won the case.
“The lawsuit was in excess of $4 million and there were 1,500 documents we had to go through.”
Rothal said Michaels was “an outstanding lawyer and a real fighter,” who arrived well prepared for every proceeding.
“I do remember one time when I won a judgment of $1,200 against one of his clients that he appealed the case,” recalled Rothal. “I said ‘I can’t understand why you are appealing this verdict when the dollar amount is so small.’ His response was ‘my clients hire me to fight for them and that’s what I’m doing.’”
In addition to his theory of inverse condemnation, Heintz said Michaels was also one of the first lawyers nationwide to assert lender liability claims against banks. “These theories are the forerunner of today’s regulations against predatory lending abusive collection practices,” said Heintz.
Outside of the courtroom, one of Michael’s greatest pleasures was spending time with friends at Sharon Golf Club.
Whitmer said Michaels lived in Akron, and later Sharon Township, for over 80 years.
“Andrew was a member of the Fairlawn Country Club,” said Whitmer. “We played a lot of golf together. He liked horses too. He had quarter horses on his farm.
“He was a great trial lawyer and a formidable opponent in the courtroom, but he was also the kind of friend that anyone would want,” said Whitmer. “He would do anything for you. He was the patriarch of his family. He looked after everyone, including his nieces and nephews.”
“I was proud to be one of Andy’s friends,” said Heintz. “He was a fun loving person with a great sense of humor, who was exceptionally loyal to his friends and a true professional.
“He took the responsibility of being a lawyer very seriously and conducted himself in the highest ethical manner,” said Heintz. “No matter how hard he fought, he always behaved professional and courteously. It was a pleasure to have cases with him. He was one of the all-time greats.”
Michaels is survived by his wife, Jane; his children, Stephanie, Pamela and Mark; grandchildren, Bart, Mark, Jeannie and Andrew; great-grandchild, Wesley; his brother, John and numerous members of his extended family who are said to have considered him a second father.
His brother Arthur and sister Andigoni preceded him in death.