Mr. Smith provides the following services:

     1.    Appellate representation. Mr. Smith represents appellants and respondents in post-trial proceedings and civil appeals (except family law).  To see the appeals that Mr. Smith has undertaken since 1976, click on Appellate Cases.

     2.    Contingent fee representation.  In selected cases, Mr. Smith will represent a successful plaintiff to affirm a money judgment for a contingent fee.  The cases in which Mr. Smith has obtained an affirmance representing a victorious plaintiff on a contingent fee are listed below:

Hangarter v. Provident Life and Acc. Ins. Co. (9th Cir. 2004) 373 F.3d 998 (affirmed judgment for bad faith denial of disability benefits, including $5 million punitive damages).

McGregor v. The Paul Revere Life Ins. Co. (2004) (9th Cir. No. 02-16817)  Affirmed $1 million award for insurer's bad faith denial of benefits to disabled court reporter.

Munoz v. City of Union City (2004) 120 Cal.App.4th 1077.  Obtained partial affirmance of wrongful death judgment for police officer's shooting death of plaintiffs' decedent.

Balkwell v. American President Lines, Ltd. (2000) A085714.  Obtained affirmance of $625,000 judgment under the Jones Act for seaman's negligently inflicted injuries.

Nienaber v. Pape Group, Inc. (1999) A081615.  Obtained affirmance of judgment for wrongful termination and obtained reversal of summary adjudication rejecting plaintiff's age discrimination claim.

Gutierrez v. State Pipe and Supply (1999) E021197.  Obtained affirmance of $4 million judgment for defendant's negligent unloading of pipe onto illegal alien, crushing plaintiff's legs.

Dendy v. Sears, Roebuck et al. (1999) A070356.  Obtained affirmance of $3.8 million judgment for compensatory and punitive damages because design defects in defendants' saw caused the amputation of plaintiffs' hand.

Vance v. Keller Industries, Inc. (1998) H015131.  Obtained affirmance of $700,000 judgment for injuries caused by defective ladder design.

Kleckner v. United Air Lines, Inc. (1998) A078651; A079320.  Obtained affirmance of $2 million judgment for gender discrimination and sexual harassment of airline mechanic.

Hill v. MacMillan/McGraw Hill, Inc. (1998) Ninth Cir. No. 97-16434.  Obtained affirmance of $425,000 judgment for wrongful termination of Chief Financial Officer.

Gomes v. Regents of the University of California (1997) B093740.  Obtained affirmance of $1.4 million judgment for University's retaliatory denial of full professorship to female medical school professor who had complained of gender discrimination.

Pulido v. State of California (1996) A0676943.  Obtained affirmance of $1.8 million judgment for supervisor's sexual harassment of female prison officer.

McClure v. Pierotti Motors, Inc. (1995) A061475.  Obtained affirmance of $1.8 million net judgment for defendant's sale of pick-up truck with defectively modified tailgate and suspension, inflicting double leg amputation on plaintiff.

Bailey v. Foodmaker, Inc. (1990) A036667.  Obtained affirmance of judgment for tortious discharge in violation of public policy; obtained increase of punitive damage award from $500,000 to $750,000.

Pellacore v. Safeway Stores, Inc. (1988) A030470.  Obtained affirmance of award of lost future wages to long-term employee terminated without cause and in breach of covenant of good faith and fair dealing.

Rice v. Stauffer Chemical Co. (1987) 9th Cir. Nos. 86-1923, 86-1955, 86-2390, 86-2391.  Obtained affirmance of $226,000 judgment for age discrimination; obtained reversal of summary judgment that barred punitive damage claim; obtained $49,770 award of attorney fees on appeal.

     3.    Consulting.  Mr. Smith consults on the drafting of briefs where he is not counsel of record.

     4.    Teaching. Mr. Smith teaches "Persuasive Legal Writing" to law firms, using his manual and materials supplied by the law firm to show how to achieve brevity, simplicity, and clarity.  Mr. Smith has taught this seminar for O'Melveny & Myers, Cooley Godward, Wilson Sonsini Goodrich & Rosati, Fenwick & West, Skadden Arps Slate Meagher & Flom, and Farella Braun & Martel. To review the First Chapter of Mr. Smith's materials, showing how and why to write with brevity, simplicity, clarity, and candor, click on Persuasive Legal Writing.