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August 2024 Professional Paragon - Michael Ermer: A Modern-Day Atticus Finch

by Andra B. Greene

“A modern-day Atticus Finch. Blessed with a mind of the highest caliber candlepower, combined with a self-effacing and understated approach, all in all, he is a very powerful advocate.” That is how former U.S. District Judge, Layn Phillips, describes Michael G. Ermer, his former law partner.

Mike Ermer is a rarity—he is an outstanding lawyer who has made a tremendous impact on the Orange County legal community, yet he is humble. He shuns the limelight. Indeed, you may not know all that he has contributed because he never touts his accomplishments. But you should know who he is and what he has done.

I have known Mike for thirty-eight years, as both his law partner and friend. I volunteered to write this article because I like and admire Mike so much. To me, he is an unsung hero. The people I talked with about Mike Ermer were uniformly glowing in their praise and admiration for his qualities as a lawyer, community leader, and human being.

A native of St. Louis, Mike attended Washington University. After graduating from Harvard Law School, cum laude, in 1983, Mike headed west and became the first associate in the young Newport Beach office of Irell & Manella LLP. Mike took a risk joining Irell since the firm had only a handful of attorneys in its Orange County office at that time. His gamble paid off. The office grew, just as Mike developed as a lawyer and honed his legal skills. Mike has spent his whole legal career at Irell, becoming Managing Partner of the Newport Beach office in 2014. He served two terms, the maximum permitted. In that role, Mike was a tireless advocate for the staff, the associates, and the office. No matter how busy Mike was, his door was always open to anyone who wanted to talk. His top priorities have always been the firm and its people.

Mike is what we at Irell describe as a “glue person.” He embodies the firm’s aspirational values of top-quality legal work, commitment to client service, and the highest ethical standards. As Irell Partner Emeritus John Fossum (who shares the same birthday as Mike) put it, “Mike is a cornerstone of our firm’s social conscience.” He treats everyone with respect and kindness, no matter what their role.

Mike has always been a steadfast Irell cheerleader, both inside and outside the firm. As a result, Mike is an excellent recruiter. One of his favorite things to do over the years was to return to Harvard periodically for on-campus interviewing. No one could sell the firm like Mike because he truly loves working at Irell. When Mike turned sixty-five in 2023 and the firm’s mandatory retirement policy kicked in, Mike became a Partner Emeritus. Mike still comes into the office every day. Current Managing Partner Kyle Kawakami is pleased about that. “Given all that Mike has contributed to our office over the years, I am glad that we get to see him every day.”

Throughout his forty-year career, Mike has been excellent litigator. He has won numerous awards and professional accolades. His wide-ranging practice focuses on complex business cases, including intellectual property litigation, trade secret litigation, insurance coverage litigation, securities litigation, and real estate disputes. I was fortunate enough to work with Mike on several cases. I witnessed first-hand his intellect, advocacy, and dedication to our clients. Mike is an outstanding litigation team member. No matter how stressful the matter, Mike always brought calmness and good humor to the situation. Even in the most difficult circumstances, Mike displayed an even keel.

In addition to litigation, Mike has two passions as a lawyer—mentoring and pro bono work. He has been a mentor to countless lawyers over his more than four decades at Irell. U.S. District Judge John Holcomb recalls that Mike recruited him out of Harvard Law School. Mike was “the reason” he joined Irell. Judge Holcomb worked with Mike for three years and describes Mike as his mentor. He talked with Mike about all his big career decisions, trusting Mike’s judgment.

Mike’s other true passion is pro bono work. He has been dedicated to addressing the needs of the underserved throughout his career. He has always included pro bono cases on his own docket, regardless of how busy he was with the demands of paying clients. In addition, he has supervised dozens of junior attorneys in the handling of their own pro bono cases. Doing so allowed him to combine his fervor for mentoring with his dedication to pro bono service. Former Irell associate Olivia Weber said of Mike, “He is incredibly supportive and generous of his time—he enthusiastically agreed to supervise my pro bono work, even when it meant attending last-minute hearings and overseeing a bench trial.”

For many years, Mike served as chair of Irell’s Pro Bono Committee. Under his leadership, Irell revamped its entire pro bono program, resulting in a dramatic increase in pro bono hours and lawyer participation and numerous awards, including the 2013 California State Bar President’s Award, the 2013 Century City Bar Association Pro Bono Law Firm of the Year Award, and the 2013 Public Law Center Law Firm of the Year Award, among others.

Mike has been actively involved in pro bono organizations in Orange County. He served on the board of directors of the Public Law Center for many years, including a term as its President in 2018. Ken Babcock, the PLC’s former Executive Director, described “humble Mike” as “a remarkable individual.” Ken noted that Mike “never sought the limelight or fanfare.” He was always “extremely generous with his donations, time, and talent.” Mike was “an exemplary board member” who followed through on his commitments. Mike could always be counted on to do what he said he was going to do. During Mike’s tenure as president, the PLC was a “smooth sailing ship,” which gave Ken the ability to grow the organization.

Although Mike spent many hours serving the PLC, his dedication to pro bono work in the community did not stop there. Mike has long been committed to the pro bono program at UCI Law School. He has created/collaborated on three pro bono projects with UCI Law since 2013: (a) Litigation Assistance, (b) Bankruptcy Applications, and (c) International Refugee Assistance Project (IRAP). In 2023, UCI Law recognized Mike’s commitment to pro bono service by naming its program the Michael G. Ermer Pro Bono Program. Anna Strasburg Davis, UCI Law’s Director of Externships and Pro Bono Programs, is, like me, a member of the Mike Ermer fan club. She said, “There is no one better to name the pro bono program after than Mike Ermer. We created this program to inspire lawyers to do pro bono. Mike is such an inspiration.”

Mike’s dedication to Irell and his passion for mentoring and pro bono only tell you part of the story of who Mike Ermer is. He is a person of many talents and interests. Family is a priority. He was a devoted son to his parents throughout their lifetime and is extremely close with his siblings. Mike has many friendships because, as John Fossum observed, “he is a loyal and wonderfully entertaining friend.”

“Wonderfully entertaining” aptly describes Mike. He has a tremendous sense of humor. Judge Holcomb remembers that Mike could always make people laugh. Judge Holcomb noted that, “the funniest person in the room is also often the smartest person in the room. That applies to Mike.”

I, too, consider Mike Ermer to be one of the funniest people I know. Shortly after I joined Irell in 1986, he and I took a recruit out for dinner. I remember nothing about the recruit, but I do remember Mike telling endless quick-witted jokes during the two-hour dinner. I laughed harder than I had ever thought possible on a recruiting dinner. I concluded then and still believe almost forty years later that Mike Ermer could have been a successful stand-up comedian had he not pursued a legal career.

As a result of his quick wit and sense of humor, Mike was always the firm “emcee” at any social event. When he gave a speech or a roast, none of us wanted to follow him, lest we pale in comparison. Indeed, at Mike’s retirement party, I was pleased to be able to give my remarks before he did, and I said as much.

Mike loves to travel and has been all over the world. While COVID-19 put a bit of a damper on his trips, Mike is now back in the swing of it, with multiple excursions scheduled. I had the good fortune of going on safari with him and a group of friends in 2010. Mike is an outstanding travel companion, especially given his sense of humor. The laughing hyenas we saw were no match for Mike.

One of Mike’s favorite places to visit is his beloved St. Louis. He is a diehard Cardinals fan and frequently attends games. Besides enjoying the Cardinals, Mike is the owner of BB’s Jazz, Blues & Soups, St. Louis’ premier Jazz & Blues Club. It is rated #2 for nightlife in St. Louis on Trip Advisor. The club just happens to be in walking distance of the baseball stadium. If Mike is not in his office at Irell or traveling around the world, he can likely be found at BB’s.

Mike Ermer is a Professional Paragon in our community. Mike embodies the qualities that made many of us go to law school in the first instance. He has created a legacy through his commitment to pro bono and all that he has done to foster it in our community. As Mike’s former partner Marc Maister put it, “Many of us hope we can leave behind a legacy. In reality, very few of us ever achieve that goal. Mike Ermer will be the exception. The pro bono efforts he has spearheaded will live on and be an inspiration for generations to come.”

Andra B. Greene is a mediator, arbitrator, and independent panelist with Phillips ADR Enterprises. She can be reached at AGreene@phillipsadr.com.

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