John Hermes, a retired partner with McAfee & Taft widely recognized for being a go-to trial lawyer in high-stakes litigation, passed away on October 16, 2024, at the age of 78.
While maintaining an active litigation practice, he also served as the firm’s second managing director from 2001 to 2006.
“John had a patient but direct management style, and his steady hand formed the basis for our ascent to the top of the Oklahoma legal market,” said managing director Mike Lauderdale, who had the privilege of being mentored by John early in his career. “Without John, we would not be the firm we are today.”
John earned his bachelor’s degree in economics from Ripon College in 1968 and served four years in the U.S. Army working in military intelligence in Vietnam and Germany prior to entering law school. Upon graduating from the University of Oklahoma College of Law in 1975, he joined McAfee & Taft.
“The firm’s Class of 1975 was legendary because it included the first two women hired by the firm,” said Frank Hill, who helped recruit John to McAfee & Taft that year. “As a result, John was initially the forgotten man, but that quickly changed.”
Indeed, over the course of his 45-year career with the firm, John would ascend to the heights of his profession, earning a reputation for being the consummate go-to trial lawyer for all types of high-stakes business litigation. In one of his more notable high-profile cases, he successfully defended the constitutionality of Oklahoma’s Right-To-Work Amendment, which the Oklahoma Supreme Court and the U.S. Court of Appeals for the 10th Circuit both upheld.
Also legendary was John’s demeanor: calm, methodical and direct, but also kind, thoughtful and respectful.
“John was the consummate trial lawyer and, despite the intensity of the conflict with clients and opposing counsel, John always remained calm, civil, and measured,” said Frank Hill. “And he was kind to everyone and respected by all.”
“John was a lawyer’s lawyer,” said Rick Mullins. “He had a towering reputation in Oklahoma City both as a professional and as a person. I learned from him how to treat judges, how to treat other lawyers, how to deal with situations. He was always calm. He was always thoughtful. He was always a gentleman. He was always patient with others. And intellectually, he was smart as a whip and always had great strategy for how to figure things out.”
His demeanor, along with his sharp wit and dry sense of humor, could also be intimidating. He, no doubt, quietly enjoyed the effect it had on people … even his colleagues and friends.
“In 1988, John and I had a case in Caddo County,” recalled Betsy Wood. “John’s name was first on the pleadings, but I was pretty much doing the work. Our summary judgment was set for oral argument at 10am on February 12, the same day Gary and I were getting married. So, I went to John’s office and said, ‘We either need to move this hearing, or you will have to cover it.’ John asked, ‘Why?’ ‘Well, because I’m getting married that day,’ I replied. After some discussion about why he wasn’t aware of this and how he should have paid better attention to the wedding invitation that I knew he’d already received, he said, ‘The hearing is at 10 o’clock. What time is the wedding?’ ‘John, it doesn’t matter what time the wedding is,’ I said. ‘I’m not going to Anadarko on February 12!’ He loved to tell this story of how he tried to convince me I could make the court appearance and get to the church on time. And at each telling, he always let me have the last word of how I shut him down. By the way, John covered the hearing on February 12 and, of course, won.”
Jeff Todd easily remembers his first encounter with John.
“John Hermes and Betsy Wood took me to lunch at the old Beacon Club when I interviewed at the firm in 1996. I remember being intimidated by John, who, it seemed, was in cross-examination mode and, because his dry sense of humor, made it impossible to know if he was serious or joking,” said Jeff Todd. “It took five years or so for me to figure it out when to laugh and when to act serious.”
As Rick Mullins recalls, John’s calm and deliberate manner was also intimidating for opposing parties as well.
“John was once cross-examining a witness whose trial testimony conflicted with her deposition statements,” said Mullins. “John patiently opened up her deposition transcript and asked, ‘Do you remember when I took your deposition, and I asked you the following question, and you gave the following answer? Well, that was the same question I just asked you, but you gave me a different answer.’ And this happened repeatedly over the next five or 10 minutes. And finally, after she gave an answer to one of his cross-examination questions, he started to slowly reach over for the deposition transcript. And she said, ‘Oh no, Mr. Hermes, you’re not going to do that again? You’re right, I gave you a different answer today than I did then.’ And that was the end of it.”
John’s many legal achievements earned him election as a Fellow in the prestigious American College of Trial Lawyers and membership in The American Law Institute, as well as perennial inclusion in many of the legal industry’s leading publications, including Chambers USA’s Guide to America’s Leading Lawyers for Business, Benchmark Litigation, The Best Lawyers in America, and Oklahoma Super Lawyers, which named him to its list of “Top 10 Oklahoma Lawyers.”
As accomplished as he was, he was also generous in helping younger lawyers succeed in their own careers.
“John was notorious for giving young lawyers as much responsibility as they wanted if he felt they could handle it,” said Jeff Todd. “At times, it seemed like he gave me enough rope to hang myself. But while he was trusting, he was always connected to the issues in the case and provided exceptional advice and guidance to me and the client. They say that every young lawyer at the firm needs at least one champion. It’s fair to say John was my champion. He made sure I had an AV rating as a fifth year associate and got me on the ‘lists.’”
In addition to his private practice, John was also active in the broader Oklahoma legal community, serving in leadership and advisory positions with the Oklahoma County Bar Association, Oklahoma Bar Association, Oklahoma Lawyers for Children, Legal Aid of Western Oklahoma, and Legal Aid Services of Oklahoma. In 2006, he was named a recipient of The Journal Record’s Leadership in Law Award in 2006. A year later, he was honored with the Oklahoma Bar Association’s Outstanding Pro Bono Service Award for his advocacy efforts on behalf of Oklahoma’s youngest and most vulnerable citizens.
“John’s colleagues at McAfee & Taft and in the broader legal community will remember him for his extraordinary success as a litigator and his incredibly sharp mind,” said Wood. “He will be remembered as being the consummate professional gentleman, never engaging in the gamesmanship with opposing lawyers that’s unfortunately become part of the practice of law. Many will remember John as capable of being subtly, but extremely, intimidating, but never overtly overpowering – an iron fist in a velvet glove. I’ll remember John for all of that, but even more for his commitment to using his considerable legal skills for the benefit of others. John committed his time to Legal Aid, Lawyers for Children, and many other organizations. But he also generously and repeatedly gave his time and legal expertise under the radar to assist people who did not have the ability or means to obtain any representation, much less from one of the top lawyers in Oklahoma. Several years ago, I asked John to help Larry, a middle-aged autistic man who was a member of my church. Larry’s deceased parents had adequately provided for his ongoing care, but unfortunately appointed an unscrupulous attorney as trustee and guardian who was using the trust funds to buy a seven-figure house and luxury cars and to provide a steady income for himself and his wife for ‘administration’ of the trust. As a result of John’s efforts, more than a million dollars were recovered from the ill-gotten funds and Larry’s security and future care is guaranteed. John’s payment for his work was a painting by Larry of an Oklahoma sunset. John was a brilliant lawyer, a natural leader, and a wonderful colleague, but most of all, my treasured friend.”