Auto AccidentsJames E. Smith has handled dozens of cases involving all kinds of vehicles. He is familiar with all the insurance issues that typically come up. He is willing to take the case to arbitration or trial. He will take cases even where you have gotten a citation if he thinks the other person is at fault. He will handle your traffic matter as well. He has the experience and training to know what your case is worth and will not let you get anything less. Referrals to doctors and other medical treatment are not a problem. Don't just get an attorney from the television.
BankruptcyJames E. Smith takes care of Chapter 7 and Chapter 13 cases, but can refer you on Chapter 11 cases to the law firm you need for the job. Don't let the stress of debt cause you to go to the grave early. You have a Constitutional right to file bankruptcy. Even Trump has filed. I also represent the creditor who needs to contest the bankruptcy (not yours), someone to appear at the creditor's meeting (not yours) or lift that dreadful automatic stay (not yours). Outside-of-bankruptcy debtor/creditor solutions can be done too if you want to avoid the stigma and consequences of bankruptcy.
Criminal DefenseJames E. Smith believes that you are innocent until you are proven guilty beyond a reasonable doubt and he will be in your corner from day one up until the end. I do felonies and misdemeanors both in state and federal court and will handle cases in other jurisdictions if you want me there. Whether you are in federal, state, district, justice, municipal or military criminal court you need an attorney who knows the rules of the game and is courthouse savvy and can get you through this mess with the minimum of adverse impact to you and your family. Avoid the public defender if possible.
DUI / DWI TrafficJames E. Smith has had one too few at times so he can relate to the person who gets a DUI. While I cannot condone drinking and driving, I will put the prosecutor to the task to show beyond a reasonable doubt that you were driving while impaired. The police usually take advantage of the "drunk" during the arrest process, but inevitably they make some technical mistake which I exploit. I can handle your DMV administrative hearing on your license too. This is one case you definitely want an attorney for. I also do leaving the scene of the accident and reckless driving cases.
Estate PlanningJames E. Smith wants you to protect your assets. A Will is a bare minimum. To avoid probate Mr. Smith recommends the "revocable living trust package" which he gives you at a discounted rate. This includes not only a trust and pour-over will but a living will, and durable powers of attorney for health and for financial matters. For asset planning Mr. Smith can do family limited partnerships, limited liability companies, irrevocable trusts, S corporations and other creditor-avoiding entities. He will come to your home or facility as long as you're competent and ready to do it.
Wills, Trusts, ProbateJames E. Smith will represent you in probate or guardianship courts if necessary. If there is undue influence, a breach of fiduciary duty, oppression or fraud on the part of the executor or successor trustee, then I will contest the Will or Trust for you. I prefer that you do in advance the revocable living trust package I offer and stay out of the probate court altogether. Remember, a Will can be hazardous to your wealth. Durable powers of attorney for medical decisions and financial ones are important along with a living will and registry with the Secretary Of State.
Divorce, Marriage, AlimonyJames E. Smith has been through family court and knows what it's like both personally and professionally. He does uncontested and contested divorces, custody matters, and annulments. He knows all the legal subtleties of alimony, both temporary, rehabilitative, lump sum and permanent. He has done divorces in both Nevada and California and uses mediators and property settlement agreements to keep control of these delicate matters in the family and not in the family court. He tries to look out for the child(ren) with regard to the stress involved making the custody decisions.
Child Custody, Support, AdoptionJames E. Smith has raised children and knows what it is like to have to fight for your children. For this reason I feel your pain when it comes to the delicate issue of child custody. It is a task that I do not take lightly for you or your children. I do child custody, termination of parental rights, abuse/neglect charges, juvenile delinquency and adoptions. I am always looking out for the best interest of your child and try to buffer them as much as possible from the family court, evaluators, counselors and stress of the child's involuntary involvement in the justice system.
General PracticeJames E. Smith believes that where there is a fee there is a remedy. Joking aside I offer over 20 years experience as an attorney, who has a lot of business and life experience to counsel you through many different kinds of legal matters. I am upfront with my services and my fees, which are posted on my website at james-smith.com. You can keep me on a retainer or call me when you need me. I am accessible, personable and knowlegeable. I pride myself on my empathy for my clients and taking seriously their legal needs. I don't like to toot my own horn but "toot toot."
Insurance LawJames E. Smith was an insurance defense attorney for many years when he started practice representing some of the biggest insurance companies in the world. He has studied Couch On Insurance and knows this law not only in casualty insurance but life, health, errors and omissions, business interruption and other niche insurance areas. Mr. Smith is a tracker of all available insurance coverage. Don't let them say there is no other insurance. Not true, they're lying. If you have an insurance dispute don't be lost in translation by the insurance mumble jumble and the slick adjusters.
Litigation and AppealsJames E. Smith uses the courtroom as great actors use the theater but he writes the script, directs the action and counts the night's receipts in the form of a favorable settlement, judgment or verdict. Whether it be federal, state or municipal court he comes prepared to take the matter to trial and push the envelope for his client to advocate for justice and compensation. Mr. Smith is experienced in civil discovery and has litigated in many states. He knows alternative dispute resolution and uses mediation quite effectively to settle cases. He is an arbitrator himself.
Personal InjuryJames E. Smith does not have to settle cases to pay for television commercials. He will get you the maximum compensation with a lower percentage so that the money from the insurance company or corporation goes into your pocket. He is familiar with the medical establishment and can get you the treatment you need and make sure you are not saddled with crippling medical liens when your case is settled or you are awarded your just compensation. Although he does mainly auto accidents and slip and falls, there are one-of-a-kind personal injury cases which wet his appetite too.
Product LiabilityJames E. Smith loved products liability in law school at the University Of San Diego, and that affair still continues. He believes that corporations should have an aware-of-the-hazards consciousness so that there is hazard anticipation, hazard prevention and hazard correction by corporations on a constant basis, so that our fragile human bodies are safeguarded from dangerous products at home, outside and at work. Mr. Smith believes that lawyers prevent mass torts and grossly negligent acts and omissions by those who make and distribute products in the stream of commerce.
Libel and SlanderJames E. Smith thinks that slander and ruining someone's good reputation, be that an individual or a business one, is a civil crime and that you should seek redress if this happens to you or your company. There is nothing worse that a false rumor, hateful comment and a spiteful lie. A woman who is called a prostitute who is not. An neighbor who is called a pedophile who is not. A doctor who is called a butcher who is not. A businessman who is called a crook who is not. Internet defamation is the latest civil crime that can damage you for life if you don't stop it.
Medical MalpracticeJames E. Smith knows that a lot of the doctors have a them-versus-us attitude toward their patients. There are cover ups, altered records, secret deals and bad decisions where negligence occurs and patients are harmed, disabled or killed by the medical establishment. And you have to find a doctor to testify against another doctor which means you have to know how to find those doctors who will do this. You also only have a 1 year statute of limitations and a cap on damages. I will evaluate your case at no charge and advise you if you've been a victim or if your loved one has.
Landlord / TenantJames E. Smith knows the landlord tenant law on both commercial and residential lease disputes, and he has litigated these cases both in the higher and lower courts. A lease is just a contract but the laws give you certain protections, and the landlord always has a duty to mitigate his damages if you break the lease. Remember too that the landlord has a duty to give you quiet enjoyment and a habitable place to live or work. I can negotiate the lease as well as explain that lease to you. I also draft leases and lease options as well as review them for a reasonable rate.
Juvenile LawJames E. Smith still remembers when he had to go to juvenile hall. Not fun sitting locked up away from home and isolated. Don't let your precious children get railroaded by the juvenile system which denies your child the right to bail and a jury trial. Don't risk them being certified as an adult and put in prison with hardened criminals. Get an attorney who knows this juvenile justice system and who can navigate its treacherous waters to bring your child back to the safe shore or your family. As a law clerk I worked for the juvenile judge at the time and I know what goes on.
Wrongful Death - Accidental DeathJames E. Smith has represented the estates of many death victims. Nothing is worse than losing a loved one because of an accident caused by the negligence, malpractice or defective product of another. These cases require a lot sensitivity and work because the victims are not here anymore to tell their side of the story to the jury. A day in the life video has to be prepared to allow them to speak from beyond. Whether it be by a vehicle, a product, on the job, in a accident or a mass tort Mr. Smith will represent the family to get just compensation both for the estate and for the heirs.
