Mr. Smith was elected to the American Board of Trial Advocates in 1992. Over the course of his career, he has tried over 300 jury trials to verdict. In 2003 alone, he tried 14 jury trials to verdict-seven civil trials and seven criminal trials-more than any other private lawyer in the state of California.
In 2009, the 32nd year of his practice Mr. Smith tried six cases to verdict including the successful defense of a local community college against an employment claim in Monterey County and obtaining an acquittal for a fellow lawyer who was charged with felony assault over an alleged ‘road rage’ incident in San Mateo County.
In 2015, Mr. Smith’s 40th year of practice, he has tried ten cases. Seven of these went to either jury verdict or court decision. Among the most notable, Mr. Smith successfully defended a high-level engineer at Apple Computer who was charged with gross vehicular manslaughter while intoxicated in the Santa Clara County Superior Court. He was acquitted. In a trial in May 2015 before Hon. Barbara Mallach in Redwood City, Mr. Smith obtained a decision for a gasoline wholesaler against a service station owner which included every dollar of damages and every dollar of attorney’s fees.
Between August 3, 2015 and December 16, 2015, Mr. Smith commenced seven jury trials, four of which went to verdict. Four of these cases were criminal and three civil. Like a baseball pitcher who stays sharp and focused by starting every four days, Mr. Smith likewise believes that regularly trying cases at the pace of approximately once per month hones his skills and keeps him at the top of his game.
Mr. Smith has been invited to provide his expert legal commentary for both the Bay Area and national press. He has appeared as a legal analyst on CNN, CBS, Larry King Live, and Good Morning America. Mr. Smith speaks to lawyers groups on trial practice and volunteers his time to the local high school community as a teacher/coach in the statewide Mock Trial Program.
Mr. Smith has received an AV rating from Martindale Hubbell, the national directory of lawyers. This is the highest possible rating attainable and indicates preeminent legal ability and the utmost ethical standards.
Randall v. Campbell, Santa Clara County, CV804209, Jan. 2003 defense of breach of contract and fraud claims, defense verdict.
Dennis Carroll v. Lorraine Andel, San Mateo County CIV418215, July 2003, defense of wrongful death claim, defense verdict.
Balce v. Lucky Chances, Inc. USDC, Northern District; 07-01090 Hon. Jeffrey White, Feb 2008, defense of wage and hour claims, defense verdict.
Lawrence/Culver v. Hartnell Community College, Monterey County, M88730, July 2009, successful defense of a $2 million wrongful termination claim by two executive assistants. Defense verdict on all claims.;
Moncayo v. Holiday Inn, San Mateo County, CIV478734, June 2010, defense of wage and hour claims, discrimination in workplace claims, defense verdict.;
Specialized v. Volagi, Santa Clara County 1-10-CV185692, Jan. 2012, breach of contract, theft of trade secrets, defense, recovery of client’s attorney’s fees.
Mary Lucas v. Recommind, San Francisco County; CGC 10-497516, July 2012, defense of wrongful termination, wage and hour; defense verdict.
People v. D.B., Santa Clara County Superior Court, Palo Alto Division, April 2014, acquittal of a Seattle Seahawks wide receiver charged with unlawful battery.
Arturo Salume v. Myrta Salume, San Mateo County, June 2014, defense of breach of contract claims, defense verdict.
Stevens v. Davis, San Mateo Superior Case #CIV524878, June 2015, Hon. Richard DuBois, defense decision in a wrongful termination claim by an African-American caregiver against the family that employed her.
Lopez et. al. v. Lucky Chances, San Mateo County, Hon. Joseph Bergeron, April 2015: defense of a $5million class action tip-pooling wage and hour claim.
DFEH v. Fortune Players Group, San Mateo County, Judge Elizabeth Lee, Sept. 2015 defense of wrongful failure to promote based on gender/ethnic origin, $200,000 settlement demand, $35,000 verdict.
People v. Marcos H. – Santa Clara County, Judge JoAnne McCracken, October 2016, hung 9-3 for acquittal in child pornography charges, case dismissed.
People v. Wayne Bair – San Mateo County, Judge Lisa Novak, Nov./Dec. 2016 – acquittal of 1 st Degree Murder charges – first outright acquittal in a 1st Degree Murder charge in San Mateo County since mid-90’s.
People v. Sam K. – Santa Clara County, Judge Shelyna Brown – April 2017 – acquittal of 7 counts of lewd conduct with a child.
You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.