Sherman M. Spitz

Sherman M. Spitz is one of the most experienced trial attorneys in California, having tried more than 90 cases to jury verdict. A particular focus of his practice is substituting into cases at the eleventh hour and getting excellent results in the courtroom. Sherman is rated A.V., the highest rating, by Martindale Hubbell.

Sherman is well-versed in all aspects of litigation at the pretrial, trial, and appellate levels in federal and state courts, as well as in arbitrations and mediations.

Representing both plaintiffs and defendants, Sherman has successfully litigated a wide range of civil litigation cases, including business litigation, insurance bad faith, employment, and personal injury litigation. He also has handled legal malpractice, healthcare-provider negligence, and police abuse cases.

Sherman has extensive experience in defending insurance carriers in litigated, as well as non-litigated, matters.

In addition to being named to the list of 2016-present Best Lawyers, from 2012-present he was named to the list of Southern California Super Lawyers, with recognition to the lists of “Top 50″ Orange County Super Lawyers from 2013-present, and “Top 100″ Southern California Super Lawyers in 2015 and again in 2017.

Over the years, he has developed a niche specialty in protecting the insurance carriers’ interests in arson and/or fraud claims, including defending the carriers in bad faith litigation, pursuing declaratory relief actions and conducting examinations under oath.

In select cases that have not presented a conflict of interest, Sherman has also represented insureds against insurance carriers. He has lectured on numerous topics related to claims investigation and good faith claims handling.

Sherman has achieved a number of multi-million dollar verdicts and settlements on behalf of plaintiffs, including a $7.5 million settlement in a wrongful death action and a $6.5 million settlement in an employment discrimination case. He has also obtained numerous defense verdicts.

From 1979 to 1981, Sherman served as a Deputy District Attorney in the Los Angeles County District Attorney’s Office, where he conducted scores of jury trials and hundreds of preliminary hearings. Sherman is one of two founding partners of Berger Kahn’s Orange County Office, which was opened in 1984.


Education

Southwestern School of Law (JD, 1978)
• Multiple awards received at moot court competitions
• Staff Member, Southwestern Law Review
University of California, Los Angeles (BA, 1974)


Admitted to Practice

California


Memberships

Orange County Bar Association
American Board of Trial Advocates


Distinctions

AV® Preeminent™ Peer Review Rated – Martindale-Hubbell
“America’s Top 100 Attorneys” Lifetime Achievement Honor
Best Lawyers of America 2018 Southern California – Personal Injury Litigation-Plaintiffs and Litigation-Insurance
Best Lawyers of America 2017 Southern California – Litigation – Insurance
Best Lawyers of America 2016 Southern California – Litigation-Insurance
Top 100 Southern California Super Lawyers 2017
Top 100 Southern California Super Lawyers 2015
Top 50 Orange County Southern California Super Lawyers 2017
Top 50 Orange County Southern California Super Lawyers 2016
Top 50 Orange County Southern California Super Lawyers 2015
Top 50 Orange County Southern California Super Lawyers 2014
Top 50 Orange County Southern California Super Lawyers 2013
2017 Southern California Super Lawyers
2016 Southern California Super Lawyers
2015 Southern California Super Lawyers
2014 Southern California Super Lawyers
2013 Southern California Super Lawyers
2012 Southern California Super Lawyers


Recent Media Coverage

Attorney Journal Features Berger Kahn Shareholders Sherman Spitz and David Ezra in List of “Top Rated Lawyers” Honor
Orange County Attorney Journal – July 14, 2017

Sherman Spitz of Berger Kahn Accepted Into American Board of Trial Advocates (ABOTA)
American Board of Trial Advocates – June 19, 2017

Orange County Attorney Journal Features All Berger Kahn Shareholders for Inclusion in Super Lawyers Business Edition
American Lawyer – April 19, 2017

American Lawyer Journal Features Berger Kahn Shareholders Sherman Spitz and David Ezra in List of “Top Rated Lawyers”
Attorney Journal – February 20, 2017

Berger Kahn Attorneys Named to the List of Southern California Super Lawyers With Top Honors in the Lists of “Top 100” and “Orange County Top 50”
Super Lawyers – January 20, 2017

All Berger Kahn Shareholders Featured in 2016 Super Lawyers Business Edition
Super Lawyers – November 23, 2016

The National Law Journal Features Berger Kahn Attorneys in List of “Top Rated Lawyers”
National Law Journal – September 1, 2016

Attorney Journal Features Managing Partner Craig Simon With Shareholders Sherman Spitz and David Ezra For Their Selection to America’s “Top 100″
O.C. Attorney Journal – August 3, 2016

“America’s Top 100 Attorneys” Lifetime Achievement Honor Received by Berger Kahn Attorneys
America’s Top 100 – June 20, 2016

O.C. Bar Association Commends Berger Kahn For Recognition to Super Lawyers Including Elite “Top 100 Southern California” and “Top 50 OC” Lists
O.C. Bar Association – March 14, 2016

Attorney Journal Features Managing Partner Craig Simon and Shareholders Sherman Spitz and Teresa Ponder for Selection to Super Lawyers Lists
Attorney Journal – March 14, 2016

Wall Street Journal Features Berger Kahn as a 2016 “Top Ranked Law Firm”
Wall Street Journal – January 29, 2016

Eight Berger Kahn Attorneys Named to the List of Southern California Super Lawyers With Top Honors in the Lists of “Top 100” and “Orange County Top 50”
Super Lawyers – January 20, 2016

Nine Berger Kahn Partners Featured in Super Lawyers Business Edition
Super Lawyers – November 23, 2015

Los Angeles Times Features Berger Kahn Attorneys in List of “Top Rated Attorneys”
Los Angeles Times – October 14, 2015

Coast Magazine’s “Top Attorneys” Features Principals Craig Simon, Sherman Spitz, Lance LaBelle, David Ezra, and Erin Mindoro
Coast Magazine – October 1, 2015

Best Lawyers in America Recognizes Berger Kahn Shareholders to 2016 List
Best Lawyers of America – August 17, 2015

O.C. Bar Association Commends Berger Kahn Attorneys for Selection to Super Lawyers “Top” Lists
O.C. Bar Association – June 11, 2015

CNN iReport Features Principal Sherman Spitz in “A Trial Lawyer’s Quest to be a Juror”
CNN iReport – June 3, 2015

Nine Berger Kahn Attorneys Named to the List of Southern California Super Lawyers With Top Honors in the Lists of “Top 100” and “Orange County Top 50”
Super Lawyers – January 21, 2015

Berger Kahn Celebrates 45th Anniversary as a Unique California Law Firm
January 2, 2015

Attorney Journal Profiles 30-Year Anniversary of Berger Kahn in Orange County
Orange County Attorney Journal – December 1, 2014

Daily Journal Features Principal Sherman Spitz in “Irvine-Based Attorney Brings Warranty Case Against Ford”
Daily Journal – October 16, 2014

Business Insurance Magazine Highlights Berger Kahn in “Partner Sherman Spitz Takes on Ford Motor Company for Vehicle Fire”
Business Insurance Magazine – October 16, 2014

Los Angeles Times Recognizes Berger Kahn Attorneys to List of Southern California’s “Top Rated Lawyers”
Los Angeles Times – September 1, 2014

Eight Berger Kahn Attorneys Named to the List of Super Lawyers With Top Honors in the Lists of “Southern California Top 100” and “Orange County Top 50”
Super Lawyers – January 17, 2014

“Attorneys Pitch in During the Holidays” features Berger Kahn’s Charitable Efforts
Daily Journal – December 30, 2013

Los Angeles Times Recognizes Berger Kahn Attorneys to List of Southern California’s “Top Rated Lawyers”
Los Angeles Times- October 2, 2013

Daily Journal Says Goodbye: “Anthony E. Shafton, 1941-2013″
Daily Journal- July 23, 2013

Six Berger Kahn Attorneys Named to the List of Super Lawyers With Top Honors in the Lists of “Southern California Top 100” and “Orange County Top 50”
Super Lawyers Magazine – January 21, 2013

$540,000 Defense Verdict Won
Irvine World News – April 15, 2012

Grand Prix fire attorney cleared in claim
Claremont Courier – March 10, 2012

$540K Defense Verdict Won by Sherman Spitz in Claims From 2003 Inland Empire Grand Prix Fires
International Business Times – March 7, 2012

Profile: 11th Hour Trial Lawyer
The Legal OC Blog – May 4, 2011


Representative Matters
Favorable Result by Principal Sherman Spitz Led to Recent Appeal Victory
Berger Kahn Principal Sherman Spitz represented a large company in a case that was subsequently defended upon appeal years later, thanks, in part to the groundwork laid by Spitz in the initial case. Kmart Corporation v. Hartford Fire Insurance Company is a result arising from Spitz’s original trial. In it, the judge ruled that the insurer had breached its duty to defend by not agreeing to defend. The appellate court reversed the trial judge’s decision denying the insurers request to be reimbursed for the defense fees it paid. Kmart Corporation v. Hartford Fire Insurance Company defended the appeal, and also won its cross appeal and recovered around $100,000 in defense fees.


Speaking Engagements

Shareholder Sherman Spitz Speaking to National Business Institute on Bad Faith Insurance
National Business Institute
December 8, 2017

Shareholder Sherman Spitz Speaks at College of Trial Advocacy May 13
Orange County Bar Association College of Trial Advocacy
May 13, 2017

Partner Sherman Spitz to Serve as Workshop Judge at O.C. Bar Association College of Trial Advocacy
Orange County Bar Association MCLE
May 16, 2015

“Trying the Insurance Bad Faith Case: Creating and Developing Themes for the Case”
Orange County Bar Association Insurance Section
March 22, 2013

The Anatomy of Bad Faith Claims
Orange County Bar Association Insurance Section

Featured Speaker
National Litigation Counsel Conference
2012

Featured Speaker
Insurance Retained Counsel Seminar
2010


Community Involvement

Shareholder Sherman Spitz Served as “Chief Justice” of Los Angeles Moot Court Competition
Shareholder Sherman Spitz had the great honor of being designated the “Chief Justice” for the Southwestern School of Law Intramural Moot Court Competition held at the downtown Los Angeles Superior Court for two days in the Spring of 2017

Berger Kahn and Shareholder Sherman Spitz Support Access to Justice at Public Law Center Volunteers For Justice Dinner
In support of the community, Berger Kahn has been able to give a significant in-kind donation to a community partner who helps make our community strong and lend additional support to the Public Law Center.

Berger Kahn Supports Arts, Access to Justice and Safer Children and Families
Berger Kahn has been able to give in-kind donations to help make our community strong.