James D. Smith

James D. Smith

Phoenix, AZ recognized lawyers icon Recognized in Best Lawyers since 2024
Osborn Maledon PA

30 Best Lawyers awards

Osborn Maledon PA logo

Awarded Practice Areas

Commercial Litigation

Biography

James is a first-chair trial lawyer with the insight from serving as an Arizona trial judge for more than seven years. He focuses his practice on trial and appellate representation in complex commercial litigation and elections disputes. He also serves as arbitrator, mediator, and special master.

Before joining the firm, James served as a judge on the Arizona Superior Court, where he presided over hundreds of jury trials, bench trials, evidentiary hearings, and oral arguments. The civil trials he oversaw included commercial torts, consumer fraud, contract, professional malpractice, and personal injury claims. He also handled many election matters involving challenges to candidates and their nominating petitions, disputes regarding initiative descriptions and petitions, and challenges to statutes’ constitutionality. While on the bench, James also conducted settlement conferences for cases before other judges. He would work collaboratively with the lawyers and parties to consider the strengths and weaknesses of each side’s case and, more importantly, find solutions that avoided the burden and expense of trial. James is on the AAA panel of arbitration neutrals.

James also serves as a special master to aid courts manage discovery, to investigate and recommend rulings on discrete topics, or other matters the parties consent to. Having worked with several special masters as a trial judge, James understands the importance of the role and how to ensure the special master best serves the court and the parties.

Before his judicial appointment, James was a partner in an international law firm and specialized in consumer-facing class action defense plus commercial litigation. He appeared in federal and state trial and appellate courts, and handled arbitration disputes, throughout the country.

James often writes on issues about evidence and civil procedure. Before taking the bench, he also wrote extensively about RICO and class action matters.

James is a member of the State Bar of Arizona Civil Jury Instructions Committee and formerly served on the Civil Practice and Procedure Committee.

Connect with me on LinkedIn: https://www.linkedin.com/in/jamessmithphoenix/

Osborn Maledon PA

30 Best Lawyers awards

Osborn Maledon PA logo

Overview

  • University of Notre Dame, J.D., graduated 1995

  • Arizona, State Bar of Arizona, 1995

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Arizona
  • Arizona, State Bar of Arizona, 1995
  • University of Notre Dame, J.D., graduated 1995
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Arizona

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in America® 2026 for work in:
  • Commercial Litigation
Additional Areas of Practice:
  • Appellate Practice

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