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Michael A. Smith

EDUCATION

Texas Tech School of Law J.D. 1997

Texas A&M University B.B.A. Accounting 1992

WORK EXPERIENCE

Law Office of Michael A. Smith 401 Harwood Road, Suite A Bedford , Texas 76021 May 2000 - February 2019

David S. Kohm & Associates 1414 W. Randol Mill Road Suite 118 Arlington, Texas 76012 February 2019 - November 2019

I predominately practice in the areas Family Law, Corporate Law, Business Litigation, Collections, Personal Injury and Wills & Probate. Additionally, I will take cases in Residential Real-Estate and General Civil Litigation.

Family Law

  • Approximately 70-80% of my cases are either divorce or family law related.
  • Typically represent a small number of relatively high paying clients who are serious about the results of their case.
  • Prepared for and attended hundreds of family law related hearings.
  • Requested and produced discovery.
  • Taken or attended many depositions.
  • Effectively counsel clients during pendency of case.
  • Attended numerous mediations.
  • Drafted tens of thousands of correspondences and pleadings.
  • Prepared for and attended many bench trials and several jury trials.

Business Litigation

  • Drafted original petitions alleging a variety of misconduct such as: fraud, negligent misrepresentation, negligence,violations of the Texas Deceptive Trade Practices Act, breach of contract, etc.
  • Drafted statutory DTPA demand letters.
  • Drafted original answers, which are typically comprised of a general denial, special exceptions, and affirmative defenses.
  • Drafted and answered requests for disclosures.
  • Drafted and answered requests for production.
  • Drafted and answered requests for admissions.
  • Drafted and answered notices of intent to depose.
  • Drafted and answered motions to compel discovery.
  • Drafted motions to compel arbitration.
  • Investigated to determine the principals of various entities to ensure proper service of process.
  • Amended pleading to implead third-party defendants.
  • Attended mediations in attempts to resolve disputes.

Collections

  • Drafted petitions in collection suits.
  • Arranged for service of process on named defendants.
  • Arranged for service of process on named defendants who reside out of state through the Texas Secretary of State.
  • Drafted motions for default judgment in collection accounts.
  • Drafted requests for admissions in collection accounts.
  • Drafted motions for summary judgment in collection accounts.
  • Drafted applications for the issuance of original abstracts.
  • Drafted correspondences to county clerks' offices requesting that the abstracts of judgment be filed, recorded, and indexed in the real property records in the counties designated by the creditors so that the creditors obtain judgment liens by operation of law in the non-exempt real property of debtors in the designated counties.
  • Drafted applications and correspondences to county clerks' offices to facilitate the issuance of writs of execution.
  • Drafted notices of intent to depose and subpoenas if creditors desires post judgment depositions of debtors.
  • Drafted correspondences to the appropriate constable or sheriff for service of writs of execution and notices of intent to depose and subpoenas to be served upon the judgment debtors.
  • Arranged for the post judgment depositions of debtors.
  • Deposed debtors pre and post judgment.
  • Informed clients of the independent time lines for the renewal of the judgments via writs of execution and the judgment liens via abstracting the judgments in the counties designated by creditors.
  • Garnish bank accounts.

Corporate Law

  • Conferred with and interview clients to discuss the desired characteristics of their future entity
  • Helped clients choose the business structure most appropriate for their needs
  • Answered clients' questions concerning the different characteristics of the available business entities
  • Drafted articles of incorporation for corporations
  • Drafted corporate bylaws
  • Drafted articles of organization for limited liability companies
  • Drafted regulations for limited liability companies
  • Drafted partnership and limited partnership agreements
  • Conferred with the Texas Secretary of State to ensure name availability
  • Worked to ensure the filing of corporate documents with the Texas Secretary of State.

Personal Injury

  • Worked on several personal injury cases over the years.
  • Negotiated with clients, liability insurance companies, and insurance companies that have a right to subrogation in an attempt to recover the greatest amount possible for client.

Wills and Probate

  • Met with clients concerning their testamentary desires.
  • Determined the size of the respective estates.
  • Incorporate their desires into simple wills.
  • Conducted the execution of clients' wills observing the necessary formalities of proper will execution.
  • Met with clients to determine the necessity of probating the estate.
  • Determined if the will provides for an independent or dependent administration.
  • Determined if the assets of the estate will pass by probate, contract, or if probate can be avoided in some estates by probating the estate as a muniment of title for real property.
  • Drafted affidavits of heirship to facilitate the transfer of motor vehicles and real property.
  • Drafted inventories, appraisals, and lists of claims.
  • Drafted executors' affidavits.
  • Drafted letters testamentary.

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