Reprint of article appearing in the Los Angeles Daily Journal Verdicts & Settlements May 26, 2000
Litigator Profile
Holding
Court
After 23 years of practice, Southern California native Michael E. Wade finds
that trying cases for insurer-defendants still suits him perfectly.

ichael E. Wade discovered his interest in the legal profession in an unlikely place: the Army. Although both of his parents served in the Navy during World War II, Wade chose to enlist in the Army when, on graduating high school in 1966, he found himself facing the prospect of being drafted to serve in Vietnam.

While serving as a captain in the U.S. Army Airborne Infantry, Wade sat on several court-martials, including two murder cases, as the military equivalent to a juror. He found the adversarial process and the environment of the courtroom stimulating, and he determined to become if not its master, then at least its disciple.

As a result, when he left the Army in 1970, Wade attended California State University, Long Beach, graduating in 1974 with a bachelor's degree in business management. He then moved on to Pepperdine University School of Law, receiving his law degree in 1977.

“In the military, much of my responsibility had to do with the management of people, and therefore an undergraduate degree in management was a logical transition from the military to, ultimately, the practice of law,” Wade says.

Wade began practicing law at Santa Ana's Tuohey, Barton & McDermott, a transactional and litigation firm specializing in real estate, medical and business areas.

Although Wade preferred litigation, he managed to leave one transactional legacy in California's legal history.

The State Franchise Tax Board determined that sales tax should be imposed on dental radiologists who took x-rays, because these professionals provided an “outside service.” However, the same service was not taxable when dentists performed it. A friend of Wade's, who worked as a dental radiologist, turned to Wade for assistance.

“We lobbied our state representative, and I drafted tax legislation that would treat this group of practitioners the same as others,” Wade recalls.

“In that capacity, I appeared before both the state Senate and the state Assembly, ultimately obtaining the governor's signature on that tax legislation.”

Wade found his adventure in law-making “eye-opening,” but it offered no comparison to the thrill of trial law.

“I enjoy the challenge of thinking on my feet in front of a jury. I'd rather be in the courtroom than in the office,” Wade says.

While at Tuohey Barton, Wade met fellow litigator Terry A. Rowland, and the two worked together there for a year before Rowland left that firm to join Demler & Armstrong.

“Ed Demler and Bob Armstrong are both very smart, very aggressive and very professional defense litigators,” Rowland says. “I started working on Mike [Wade] to join us because I knew he would fit right in.”

According to Wade, when Rowland encouraged him to join the well-established defense firm, he was eager to have the opportunity to work with the partners there.

“The founding partner, Edison Demler, was a well-respected, old-time lawyer, and I had the real privilege of having a few years of tutelage under him,” Wade says.

“He stepped right in and started handling serious litigation and trying cases for us that were difficult out-of-town, live-in-a-hotel-for-six-months, challenging scenarios,” Rowland says.

 

Rowland also notes that, although he never talks about it, Wade “saw some pretty serious combat” while serving in Vietnam and “it translates over into how he approaches litigation,” Rowland says.

Wade's practice consists primarily of complex litigation and trial of personal injury, premises liability, construction defect, insurance, mobile home residency and intellectual property matters. With regard to insurance, Wade handles “large exposure cases, whether they be personal injury, products liability, bad faith or contractual,” he says.

Wade feels particularly comfortable handling insurance cases because, he says, “I am by nature a conservative person, and the business of insurance is a conservative business, so we are a good match.”

“Also, in some sense, it is being inquisitive. With a Sherlock Holmes bent, a good insurance defense lawyer performs his or her job. The nature of this field is to seek answers to questions: How did an event occur? What was the cause of the event? And, in a personal injury action, how was someone damaged and were there any other contributing causes? And I am one who questions a lot, and so, again, it’s a natural chemistry,” he says.

Wade spends a great deal of time in the courtroom, trying “as few as one and as many as four or five trials per year.”

“I can't think of anything I’d rather do,“ he says.

Wade prepares for trial in ways that he believes will engage jurors and deservedly earn their confidence.

“Jurors are always looking to feel comfortable trusting what a trial lawyer tells them to be true, and preparation carries the day,” he says.

Accordingly, Wade tries to “create an environment that allows the jurors to share the trial experience with you as opposed to separate from you.”

To that end, he always uses demonstrative evidence. In complex cases, he has found the ELMO projector to be a “superb tool . . . to encourage the jury to understand not only what the evidence is, but to understand the effect of each piece of evidence,” he says.

Ultimately, Wade’s enthusiasm for trial law stems not only from his fascination with the process and with juries but also from the pleasure he derives from working with his colleagues.

“I have the good fortune of having very good supporting partners. We balance each other out in terms of our relative skills.

It’s a good combination that has worked not only for ourselves but for our clients,” he says.

Wade feels as strongly about the attorneys whom he has opposed in court.

“My adversaries have been very ethical, professional lawyers, and that’s always a pleasure to have on the other side,” he says.

Nor is Wade’s respect for his adversaries unmatched. Al Hodges, who opposed Wade in the Dunham case, says Wade “was quite good.”

“He has what I would characterize as a harsh personal approach that seemed to work very well for him in this case,” Hodges says.

Karen G. Gruneisen, an attorney with the San Francisco law firm of Lerner & Veit, which represents both plaintiffs and defendants in personal injury, employment, construction defect, business and estate planning matters, opposed Wade in the five-week trial of a brain-injury case which Gruneisen represented the plaintiff.

“We waited a week for a jury verdict, so we had a lot of time in an empty courtroom together, and he was a good storyteller,” she says.

Outside the presence of a jury, Gruneisen says, Wade is “professionally courteous,” “soft-spoken” and “personally engaging.”

Before the jury, Wade was “a very strong advocate . . . In cross-examination, he was very aggressive . . . I think his style was attractive to the jurors in our case,” Gruneisen says.

“He is an attorney who is true to his word, meaning that, if he tells you he is going to do something, he does it,” she says.

Despite his busy trial schedule, Wade participates in community work both through the firm and at home. The firm provides pro bono services to the Interval House Crisis Shelters and Centers for Victims of Domestic Violence, which works with battered women and their children.

According to Janine Limas, community education director, the firm participates in fund-raisers and handles client credit, housing and family law needs. The law firm recently helped a former Interval House client with the expenses surrounding her son’s death.

On the home front, Wade volunteers for his homeowner’s association and spends time with his family, including six children, ages 12 to 35, and two grandchildren, all of whom live in Southern California. Wade also serves as regional commissioner of the AYSO soccer program for Newport Beach and Corona del Mar.

“We have over 1,740 children that we provide soccer opportunities to [in] East Newport Beach and Corona del Mar,” he says. “That’s approximately 175 teams. I get to kind of oversee all of the things on a year-round basis that affect the soccer community.”

“I am blessed to have a spouse and children who support my reaching out like that. You can't do it by yourself,” Wade says.