Focus of Practice

My practice emphasizes complex litigation, including litigation of business, commercial, insurance, environmental, securities, employment, contract, and tort claims. A significant amount of my practice involves work as a mediator and arbitrator, as well as representing clients through alternative dispute resolution techniques.

Legal Experience

I was a partner in the Seattle law firm of Bogle & Gates before launching the firm of Perey & Smith in 1982. Smith & Leary was formed in June, 1986 and Smith & Hennessey was formed in April, 2000. Throughout my entire legal career I have been involved in a litigation practice consisting of trial, appellate and dispute resolution work. I have represented plaintiffs and defendants, and individuals as well as various business entities.

Court Admissions

Washington State Courts U.S. District Court for the Western and Eastern Districts of Washington U.S. Court of Appeals for the Ninth and Fifth Circuits U.S. Court of Federal Claims U.S. Supreme Court

Education

B.A., University of Notre Dame (1970); J.D., Cornell University (1973).

Professional Associations

Trustee, King County Bar Foundation; Lawyer Representative for the Western District of Washington to the Ninth Circuit Judicial Conference (1995 98); Co-chair and Chair, Federal Bar Association Alternative Dispute Resolution Committee (1995 2001); Panel of Arbitrators, American Arbitration Association (1986 ); Panel of Mediators, United States District Court for the Western District of Washington CR 39.1 Program (1981 ); Chairperson, Federal Bar Association ADR Task Force (1995); Vice President, Federal Bar Association (2001 02); President, Federal Bar Association (2002-) Member, Civil Justice Reform Act Advisory Committee, United States District Court Western District of Washington (1999 ); Member, American Bar Association (Litigation Section and Dispute Resolution Section); Member, Washington State Bar Association (Trustee Trial Practice Section (1983 86), Member, ADR Section); Member, King County Bar Association (ADR Section); Fellow, American College of Trial Lawyers; Fellow, American Board of Trial Advocates; Member, International Society of Barristers; Member, ADR Roundtable. For a number of years I have been voted by my peers into Washington's Top 100 Super Lawyers in Washington Law and Politics.

ADR Training

I have been a frequent lecturer in CLE programs involving mediation, arbitration and other forms of ADR. I have been involved in presenting CLE programs to the U.S. Court of Appeals for the Ninth Circuit Judicial Conference, ABA Dispute Resolution Section, the Washington State Bar Association, the King County Bar Association, the Northwest ADR Conference and other professional organizations. I have taken the American Arbitration Association annual CLE updates. I am a member of the American Arbitration Association Large Complex Case Panel. ADR Training -- 08/09/22: 6.0 CLE credits, Mediation: Start to Finish, Sponsor: National Business Institute. Summary: Understand the in's and out's of mediation procedure and rules. Find out what a winning mediation brief looks like and what mediators look for. Explore the art of sophisticated negotiation styles - including what to do when negotiations fail. Overcome impasses and re-start stalled negotiations with cutting-edge strategies. Apply ADR skills to difficult issues, including multiple parties, multiple claims and child-related matters. Learn practical techniques for documenting the mediated settlement. Mediation Experience: I conservatively estimate that I have done 26 mediations (over 200 hours) in the past 36 months.

ADR Experience

I have been involved as an arbitrator on numerous occasions, including cases on behalf of the American Arbitration Association. A significant amount of my practice involves acting as a mediator under the CR 39.1 ADR program in cases pending in the United States District Court for the Western District of Washington, as well as providing mediation and arbitration services in cases pending in the Washington State court system and other forums. Areas in which I successfully have served as an arbitrator or neutral include: breach of contract, antitrust, construction, securities, shareholder rights, partnership, professional dissolutions, insurance coverage, intellectual property, business tort, personal injury, professional negligence, multi-district air crash litigation and a number of other substantive areas. I have successfully mediated many complex, multi-party disputes. I have mediated cases of all sizes, including many multi-million dollar disputes.

ADR Practice Areas

Antitrust/Trade Regulation, Business Litigation, Contracts, Employment, Intellectual Property, Securities, Torts