Overview
David H. Smith is an experienced litigator and trial lawyer who helps clients navigate the often uncertain legal terrain between civil and criminal claims. He excels in defending clients facing “bet the company” and “bet my future” legal challenges.
Deeply familiar with the elements and life cycles of complex legal claims, David possesses uncommon skill in seeing links that others don’t see and navigating disputes with multiple, dynamic components. Aggressive and determined, he is a master of developing legal strategies at the confluence of civil, administrative, regulatory, and criminal proceedings.
As part of his practice, David conducts internal investigations on behalf of clients and represents companies and individuals on a broad array of criminal matters ranging from investigation through trial by jury. He also defends companies, their owners, and management in parallel civil litigation arising from allegations of misconduct.
David’s clients include business owners and small- and mid-size companies – including healthcare providers and entities facing government investigations, licensing/regulatory proceedings, or litigation that involves parallel criminal and civil/administrative claims.
Credentials
Education
- J.D., University of California Los Angeles School of Law
- B.A., Pacific Lutheran University (cum laude)
Admissions
- Washington
- U.S. District Court for the Western District of Washington
- U.S. District Court for the Eastern District of Washington
Awards & Accolades
- Recognized in The Best Lawyers in America® since 2010:
- Criminal Defense: White Collar
- Criminal Defense: General Practice
- Criminal Defense: Non-White Collar
- Seattle Met magazine, "Top Lawyer" for Antitrust and Trade Regulation, 2010
- Washington Super Lawyers list, 2006-2007
- Seattle Magazine, Criminal Defense, 2003-2004
- Martindale-Hubbell AV Preeminent rating
Memberships
- American Bar Association
- Defense Research Institute, White-Collar Crime Committee, Chair, 2002-2004
- Federal Bar Association, Western District of Washington, Criminal Law Section, Co-Chair, 2011
Experience
Representative Matters
Representative White Collar Cases:
- Represented government contractor in price-fixing investigation and obtain civil settlement.
- Represented federal grant recipient in a criminal fraud investigation and obtained decline of charges against the company.
- Represented business owner accused of wire/mail fraud and obtained decline of charges.
- Represented mortgage broker in bank fraud investigation.
- Represented government contractor in anti trust prosecution.
- Represented fur broker in anti trust prosecution for price fixing and bid rigging.
Representative Healthcare Cases:
- Obtained dismissal on summary judgment of civil RICO claim against teaching hospital and surgeon.
- Obtained dismissal of negligence claims against healthcare organization and psychiatrist arising from a juvenile patient’s stabbing of two classmates.
- Obtained decline of criminal prosecution of pain management physician accused of sexual misconduct by female patient. Successfully defended same physician in civil lawsuit which was settled without a finding of fault.
- Obtained decline of criminal prosecution of anesthesiologist accused of Indecent Liberties with a female patient by a co-worker.
- Obtained decline of criminal prosecution of physician accused of assisting patient in defrauding Washington Department of Labor & Industries.
- Obtained acquittal at trial of family physician accused of Medicaid fraud.
- Obtained acquittal at trial of foreign healthcare provider accused of Indecent Liberties by having sexual contact with a female patient during a treatment session.
Representative Environmental/Work Place Safety Cases:
- Obtained dismissal of criminal charges against demolition subcontractor accused of releasing of asbestos into a hospital maternity ward. Dismissal obtained after codefendant general contractor had pled guilty to the same offense.
- Represented condo developer/general contractor in criminal investigation for violation asbestos disposal regulations. Defended same client in civil claims brought by former
employees for alleged exposure to hazardous materials. - Represent metal fabricator/subcontractor accused of exposing employees to high levels of lead. Obtained resolution of investigation without imposition of administrative penalty or criminal charges and settled claims of lead exposed employees.
- Represent steel erection company accused of criminal negligence in death of an employee fatally injured in a fall.
- Represent well-drilling contractor accused of manslaughter based on a three-fatality motor vehicle accident involving one of the company’s mobile drilling rigs.
- Represent owners of demolition company accused of releasing asbestos during demolition of an abandoned food processing facility.
- Represent developer/general contractor accused of violating state asbestos regulations during condo conversion project.