A Legal Focus

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A Legal Focus

This article has been revised and corrected from the original version.

At 87, attorney John McNicholas has no retirement plans.

A cofounder of Westwood-based plaintiff’s law firm McNicholas & McNicholas, the longtime personal injury and employment law attorney has amassed more than 200 jury and appellate victories. Having built his career as a name partner at another firm, McNicholas formed his current firm in 1993 with son Patrick McNicholas.

In addition to his courtroom work, John McNicholas has also worked as an adjunct professor at Loyola Law School – where he studied before taking the bar exam in 1962 – and currently serves as a volunteer judge pro tempore for the Los Angeles Superior Court system.

Please tell us about your career. For example, what jobs have you done in the past and how did they lead you to this job? What are your current job duties and how long have you done them?

I passed the bar in 1962; and at that point, I had already married my childhood sweetheart, had four children and was at a small law firm doing insurance defense work. By 1965, I joined a firm that bore my name, Morgan, Wenzel & McNicholas, and began trying more sophisticated and complex jury trials, including medical malpractice and products liability cases.

By 1993, my son Patrick was practicing law and we had the idea to start a contingency fee plaintiff’s law firm together. In December 1993, we founded McNicholas & McNicholas, and later, my daughter Courtney and son Matthew joined the firm.

To date, I have more than 174 jury verdicts, 38 appellate decisions and have worked with a wide range of high-profile clients, including the Vatican, Ronald Isley of the Isley Brothers, former U.S. Congressman Andrew J. Hinshaw, Lindsey Buckingham of Fleetwood Mac, former L.A. Dodger pitcher Carlos Lopez, the late movie mogul King Vidor and more.

Today, I serve as a volunteer judge pro tempore in the Los Angeles Superior Court. In 2022, I had more than 150 assignments, and I’ve already surpassed that number in 2023. My last courtroom appearance was in the Court of Appeal in July 2023. I am pleased to say that I was successful in reversing a summary judgment for my client and we are headed back to trial court.

You are still working well past the age many people retire. Why?

I love the law. While it may be cliché, that’s the truth. As a lover of law, I also feel immense gratification when I help a client. You cannot buy moments like that.

Please describe the pleasure or satisfaction you get from working.

Being a judge pro tempore allows me to be in the courtroom, which is where I belong. I still get to work on complex cases, do research and write opinions. There is not a huge demand for 87-year-old trial lawyers so the fact that I get to still do what I love is very satisfying.

What’s the best part of working in your 80s? And the worst?

The best part about working in my 80s is the fact that I can work in my 80s. There is no worst part, but if I had to choose one, it would be that I don’t have the clientele I used to have.

Do you think you’ll ever retire? If so, at what age?

No, only if I lose my mind or get hurt, otherwise they will have to kick me out of the courthouse feet first. Personally, I don’t like the word retired, I like to call it evolved.

If you were to retire, what do you suppose you’d do with your time?

I’m better arguing in a courtroom than volunteering in a boardroom. For now, I enjoy my wife’s companionship, sitting pro tem, playing bridge, reading, making and keeping doctor’s appointments, and watching UCLA, Rams and Dodgers games.

What advice would you give to someone who was weighing whether to continue working past retirement age?

I do not recommend retirement unless you have something else that you love to do. If you don’t have an alternative love, you’re in big trouble.

If you had it to do all over again, knowing what you know now, what would you do differently in your career?

I’ve thought about this question not only in my career but in my life, and the answer is nothing, even though we struggled. I worked hard and went to night school. We had six children within seven years and a total of seven children. Life is full of hardships, but it’s how you handle the hardships. I’ve been incredibly blessed in life and don’t have any regrets.

What’s one of the biggest lessons you learned from your time on the job?

Humility. Sometimes you lose the case you should win. You’re not going to win them all, and you’re going to disappoint some of your clients. This is what keeps you humble. Secondly, work hard and have a good book of business. Trial work is not for the faint of heart.

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