James D. Smith

Overview

James focuses his practice on trial and appellate representation in complex commercial litigation and elections disputes. He also serves as arbitrator, mediator, and special master.

Before joining the firm, James served as a judge on the Arizona Superior Court, where he presided over hundreds of jury trials, bench trials, evidentiary hearings, and oral arguments. The civil trials he oversaw included commercial torts, consumer fraud, contract, professional malpractice, and personal injury claims.  He also handled many election matters involving challenges to candidates and their nominating petitions, disputes regarding initiative descriptions and petitions, and challenges to statutes’ constitutionality. While on the bench, James also conducted settlement conferences for cases before other judges.  He would work collaboratively with the lawyers and parties to consider the strengths and weaknesses of each side’s case and, more importantly, find solutions that avoided the burden and expense of trial.  James is on the AAA panel of arbitration neutrals.

Before his judicial appointment, James was a partner in an international law firm and specialized in consumer-facing class action defense plus commercial litigation.  He appeared in federal and state trial and appellate courts, and handled arbitration disputes, throughout the country.  

James often writes on issues about evidence and civil procedure.  Before taking the bench, he also wrote extensively about RICO and class action matters.

James is a member of the State Bar of Arizona Civil Jury Instructions Committee and formerly served on the Civil Practice and Procedure Committee.

Connect with me on LinkedIn: https://www.linkedin.com/in/jamessmithphoenix/