Gary Michael Smith, Esq.
Gary Michael Smith is an AV Preeminent-rated™ attorney and founding member of Smith & Craven, P.L.L.C. Gary is a commercial and construction litigation attorney, a published author, and has participated as teaching faculty in continuing legal education seminars. During his 17+ years in practice, he has represented an assortment of corporate clients, including lending institutions and construction companies, before State and Federal courts, the Registrar of Contractors, the Office of Administrative Hearings, and in private arbitration before the American Arbitration Association.
Gary has served as both a court-appointed and privately-retained mediator and arbitrator.
Gary is also an accomplished appellate lawyer, having represented parties in appeals from civil and administrative court decisions. He has both represented clients of the firm and been referred cases by other lawyers in Arizona.
Education
Arbitration / Mediation / A.D.R. Training and Experience
- Examples of mediation cases handled: partnership disputes; construction defect; design defect; real estate purchase; employment contract breach; business purchase disputes; consumer fraud; banking; purchase contract.
- Examples of arbitration cases handled: construction design and defect; personal injury; contract disputes; consumer fraud; business purchase disputes; professional fees.
- Judge Pro Tempore – Maricopa County Superior Court (2003).
- Listed on Maricopa County Superior Court roster of court-appointed arbitrators.
- In March 2003, acted as settlement judge pro tempore to resolve $500,000+ insurance coverage suit between a hotelier and its architect.
- In October 2001, acted as arbitrator to settle dispute between a fine art gallery and a memorabilia dealer over rare turn-of-the-century baseball cards and Marilyn Monroe collectibles.
- Completed coursework in mediation and arbitration, including mock mediation sessions and mock arbitration.
- Completed coursework in negotiation technique, premised upon the principles taught by Roger Fisher and William Ury of the Harvard Negotiation Project.
Licenses
- State Bar of Arizona.
- State Bar of Colorado.
- State Bar of North Carolina.
- State Bar of New York.
- United States District Court, 9th Circuit District of Arizona.
- United States Court of Appeals for the 9th Circuit.
Associations and Memberships
- Lorna Lockwood Inn of Court
- North Phoenix Bar Association (Director and Founding Member)
- American Bar Association.
- State Bar Association of Arizona, Administrative Law Section, Appellate Practice Section.
- Maricopa County Bar Association. (former member)
- American Subcontractors Association, Arizona Chapter. (former member)
- Arizona Trustees Association, Member and annual convention lecturer.
- Arizona Private Lender Association, Affiliate Member and Unlicensed Lender Task Force Member.
Published Books
- Practice and Procedure Before the Arizona Registrar of Contractors and Office of Administrative Hearings, “The Orange Book”, © Gary Michael Smith, 2003.
- Construction Lien Law in Arizona, A Practice Manual, co-author, 2002, State Bar of Arizona.
Published Articles
- Can Dispensary Agents Be Independent Contractors?, author, published in the Green Leaf, and © Gary Michael Smith, June 2011.
- Secured Transactions, author, published in Scottsdale Airpark News and © Gary Michael Smith, June 2006.
- Do I Have To Put It In Writing?, author, published in Scottsdale Airpark News and © Gary Michael Smith, February 2006.
- Arizona’s In Home Solicitation Law: A Weapon for Consumers, author, published in Scottsdale Airpark News and © Gary Michael Smith, October 2005.
- Non-Compete and Non-Disclosure Agreements, author, published in Scottsdale Airpark News and © Gary Michael Smith, August 2005.
- Construction Contract Types, author, published in Scottsdale Airpark News and © Gary Michael Smith, May 2005.
- Is Your Contractor Licensed?, author, published in Scottsdale Airpark News and © Gary Michael Smith, April 2005.
- What Are All Those Symbols?, author, published in Scottsdale Airpark News and © Gary Michael Smith, February 2005.
- Trade Secrets: Protecting Your Assets, author, published in Scottsdale Airpark News and © Gary Michael Smith, December 2004.
- Arbitration? Mediation? 26 Questions Answered, author, published in Scottsdale Airpark News and © Gary Michael Smith, October 2004.
- Getting Real About Lawyers: Client Rights & Responsibilities, author, published in Deer valley Business Magazine and © Gary Michael Smith, September 2004.
- Negotiating The Commercial Lease: The Tenant’s Perspective, author, published in Scottsdale Airpark News and © Gary Michael Smith, August 2004.
- Proper Maintenance of Your Arizona Corporation, author © Gary Michael Smith, August 2003.
- The Law of the Internet, author of contributing article, Freedom of Speech Under the First Amendment, A Primer for Internet Users, © Gary Michael Smith 1997, presented June 1997, Stanford, Connecticut, sponsored by the National Business Institute.
- Can San Diego Constitutionally Ban Panhandling in Balboa Park?, © Gary Michael Smith 1993, Law School Senior Thesis, California Western School of Law.
Seminars Taught
- Patient and Caregiver Rights and Responsibilities under Proposition 203, presented at Elements Caregiver Collective, 13 November 2011.
- Proposition 203 Lawsuit Updates, presented at the Arizona Association of Dispensaries, 12 November 2011.
- Medicinal Marijuana Compassion Clubs in Arizona, presented at the Arizona Association of Dispensaries, 16 July 2011.
- Appealing an Adverse ADHS Ruling, presented at the Green Relief Medicinal Marijuana Convention on 14 April 2011.
- Collections Law, Presented to Arizona Private Lender Association on 26 October 2010.
- Contracting Law 101, Presented in conjunction with Accurate Lien and Contractor Services on 18 November 2010.
- Trustee’s Sale Gone Wild, Presented at the Annual Convention of the Arizona Trustees Association on September 02, 2010.
- Arizona Mechanic’s Lien Law Seminar, Presented Annually to Various Organizations, most recently in conjunction with Accurate Lien and Contractor Services on November 17, 2009.
- Participating Lecturer of Spring 2003 Legal Breakfast Seminar Series, American Subcontractors Association, Arizona Chapter.
- What’s This? The (mostly) Complete Guide to Registrar of Contractors Complaints – New and Improved for 2002, participating co-lecturer and seminar manual author, presented 21 February 2002, Phoenix, Arizona, sponsored by CLE West
- When Bad Things Happen to Good Lawyers: The Morbidity and Mortality of an Unusual Registrar of Contractors Case, participating co-lecturer and seminar manual author, presented 2001, © 06 November 2001, Phoenix, Arizona, sponsored by Arizona State Bar Construction Law Section.
- What’s This? The (mostly) Complete Guide to Registrar of Contractors Complaints, participating co-lecturer and seminar manual author, © 2001, presented 26 October 2001, Phoenix, Arizona, sponsored by CLE West.
- Professionalism, participating lecturer of small firm litigation break out session, 15 March 2000, Phoenix, Arizona, sponsored by the State Bar of Arizona as Mandatory Continuing Legal Education.
- The Paperless Office: Myth or Reality, participating lecturer, 17 June 1999 , Phoenix, Arizona, sponsored by the Maricopa County Bar Association.
Other Interests
- Gary is an avid yoga practitioner and has attained his black belt ranking in American Kenpo Karate. Gary is also S.C.U.B.A certified and has studied the Japanese fencing art of Kendo. In his off-hours, Mr. Smith pens screenplays and magazine articles. He is an avid reader. He is also a connoisseur of comic books and silver-age science fiction.
