Davenport, Evans, Hurwitz & Smith, L.L.P.

History: Holton Davenport, a distinguished Sioux Falls lawyer, and Ellsworth E. Evans, an experienced litigator and assistant attorney general, founded the partnership in 1939. They were joined in 1941 by Louis R. Hurwitz, whose business acumen lent an added dimension, and by Deming Smith in 1946. The firm has experienced steady growth to become one of the state's largest firms, with an emphasis on providing clients with the highest level of service in a cost-effective manner. New members frequently come from the ranks of law review editors, moot court participants, and judicial clerks. Members of the firm have a wide diversity of educational backgrounds.

Areas of Emphasis and Growth: Davenport, Evans, Hurwitz & Smith, L.L.P. is a full service law firm. From its beginning, Davenport, Evans, Hurwitz & Smith, L.L.P. has been prominent in the South Dakota trial bar. In recent years, the fastest growing areas of the firm's practice have been business and corporate work. Today approximately half of the firm's attorneys are engaged in litigation, with the other half attending to clients' business, commercial, estate planning and real estate interests.

The firm's lawyers have recovered substantial awards for plaintiffs, but the greatest part of their practice is the defense of cases for corporations and insurance companies. A number of their cases have involved federal and state constitutional issues. The firm is extensively involved in insurance coverage and general insurance matters. It serves as general counsel for the South Dakota Property and Casualty Insurance Guaranty Association and the South Dakota Life and Health Insurance Guaranty Association. The firm's lawyers take great care to understand the client's objectives at the commencement of an engagement. This focus and a creative approach to problem-solving have helped the firm secure the confidence of clients in the firm's handling of the acquisition, sale or merger of numerous banks, bank holding companies, insurance companies, cable television companies and corporations. They have represented corporations, hospitals and public entities in connection with bond issues. The firm's estate planning and trust and estate administration lawyers have developed extensive plans for the transfer of family wealth, served beneficiaries and trustees with complicated trust administration and trust reformation problems, and provided probate and other post mortem tax planning services.

Diversity of Fields of Specialization: The firm's trial lawyers include specialists in commercial and complex litigation, professional liability, medical malpractice, insurance, employment, products liability, personal injury, civil rights, school law, workers' compensation, and administrative law. Among the business lawyers are specialists in corporate law, mergers and acquisitions, corporate finance, banking and financial services, real estate, taxation, utilities, telecommunications, health law, estate planning and probate administration, trusts, private trust companies, bankruptcy and creditors' rights, trademark and copyright protection, employee benefits, and labor and employment law. The firm strives to provide clients not only with lawyers having expertise in the clients' fields of interest, but also with the support appropriate to ensure timely delivery of services. A faithful effort is made to understand each client's business and provide the necessary legal services on a timely and cost effective basis.

Client Base: Davenport, Evans, Hurwitz & Smith, L.L.P. represents many nationally known companies who are leaders of their industries. Regional and local clients come from across the state of South Dakota, southwest Minnesota, and northwest Iowa. Banking clients range across the Upper Midwest from Wisconsin to Montana. While most clients represented by the firm are medium to large corporations, the firm also tends to the legal needs of many smaller businesses and individuals.

Firm Activities: From its earliest days the Davenport firm has been noted for its weekly office conferences, where a wide range of expertise may be called upon to assist in representing and advising clients. Firm members faithfully attend continuing legal education seminars, often serving as panelists or lecturers. Attorneys in the firm hold membership in the American Bar Association, the State Bar of South Dakota, and the local bar association. Several partners have served as presidents of the State Bar. Other individual memberships include the International Academy of Trial Lawyers, American College of Trial Lawyers, International Society of Barristers, American Board of Trial Advocates, American College of Real Estate Lawyers, American College of Trust and Estate Counsel, Estate Planning Council, American Academy of Health Care Attorneys, and Defense Research Institute.

Davenport, Evans, Hurwitz & Smith, L.L.P. awards college scholarships to several area high school graduates each year.

Management: The routine business of the firm is administered by a management committee of four members, elected annually. The firm encourages membership on the management committee without regard to seniority.