Kirby Smith, Esq.

Kirby Smith, Esq.

Kirby Smith, Esq.

Kirby Smith, Esq.

Biography

Kirby J. Smith is an accomplished attorney with over 35 years of litigation experience. In addition to his work as a litigator, he has also maintained an active mediation and arbitration practice, having served as a neutral on hundreds of cases in the areas of business and commercial, employment, real estate and personal injury law. As a result, he brings a wealth of knowledge and experience as a full-time mediator and arbitrator with Advanced Resolution Management.

For 32 years Kirby was a partner and commercial litigator at Nevada’s largest and most prestigious law firm, Lionel Sawyer & Collins.  During that time, he was also a member of the firm’s labor and employment practice group and ADR group. While there, Kirby focused on employer representation, commercial litigation and personal injury defense cases. His employment cases included representation of defendants in FLSA collective/class actions, as well as his handling of employment discrimination, sexual harassment, and employer retaliation cases before the Nevada Equal Rights Commission, the Equal Employment Opportunity Commission, and Nevada OSHA. Kirby has also litigated hundreds of workers’ compensation contested claims at all levels including before the Nevada Supreme Court. Kirby was also the managing attorney in Nevada for defendants in several nationwide product liability and mass tort litigations. He represented individual defendants and businesses in a variety of personal injury cases including vehicular accidents, and those with allegations of premises liability and wrongful death. Previously, Kirby represented plaintiffs in personal injury cases as well. Having had opportunity to represent both sides throughout the course of his career enables Kirby as a mediator and as an arbitrator to offer a well-rounded perspective on the cases that come before him.

In 2015, he opened his own firm, continuing his practice with an emphasis on ADR, business disputes, employment matters as well as personal injury. He then decided in 2017 that he would concentrate solely on his ADR work, joining ARM as a full-time neutral. His passion for settling cases effectively, efficiently and out of court is almost self-evident. Kirby’s dedication to the many ADR court programs throughout the state of Nevada is commendable. As a result, he is often praised for his commitment to settling cases. He is known for his unwavering work ethic, as he will follow up with the parties for as long as it takes, constantly offering new and creative solutions in order to obtain a settlement. One attorney on a recent mediation praised “He was very smart and has the ability to keenly and quickly narrow down the issues to get the parties to arrive at a settlement.”

Professional Experience
  • Neutral, Advanced Resolution Management (2017-present)
  • Litigator and Neutral, Kirby J. Smith, Ltd. (2015-present)
  • Mediator, Nevada Mortgage Modification Mediation program for the U.S. Bankruptcy Court, District of Nevada (2015-present)
  • Mediator, U.S. District Court’s Early Mediation Program for Section 1983 Inmate Cases (2015-present)
  • Partner, Lionel Sawyer & Collins (1982-2014)
Specialties
  • Bad Faith
  • Business/Commercial
  • Employment
  • Insurance
  • Mass Torts
  • Personal Injury
  • Product Liability
  • Real Estate
  • Wrongful Death
ADR Training
  • Essential Mediation Skills, American Arbitration Association University, 40 hours (2012)
  • Annual Arbitrator Skills, Nevada Bar Association (2014)
  • Insight From Magistrate Judges on Early Neutral Evaluation Conference, U.S. District Court (2014)
  • Inmate Mediation Training, U.S. District Court (2014)
  • Mortgage Modification Mediation Procedure training and questions and answers, U.S. Bankruptcy Court, District of Nevada (2017)
  • Arbitration Awards: Safeguarding, Deciding & Writing Awards, AAA (2017)
  • Arbitration Fundamentals and Best Practices for New AAA Arbitrators, AAA (2017)
  • Negotiation: A Strategic Playbook for Becoming a Principled and Persuasive Negotiator, Yale University, 16 hours (2017)
Professional Licenses
  • Nevada State Bar (1983)
  • U.S. District Court, District of Nevada (1983)
  • U.S. Court of Appeals, 9th Circuit (1984)
  • Wisconsin State Bar (1982)
  • U.S. District Court, Western District of Wisconsin (1982)
Memberships and Professional Affiliations
  • American Bar Association (1982-2015)
  • Nevada Bar Association (1983-Present)
  • Wisconsin Bar Association (1982-2016)
  • Clark County Bar Association (1983-2014)
  • Southern Nevada Association of Bankruptcy Attorneys (1990-1992)
  • Defense Research Institute (1999-2011)
Education
  • J.D., University of Wisconsin – Madison (1982)
  • B.A., Ripon College, Wisconsin (1979)
Honors & Awards
  • “The Best of the Best in Southern Nevada,” VegasInc Top Lawyers (2013-present)
  • Best Lawyers in America (Employment Law – Management, and Worker’s Compensation Law – Employers ) Best Lawyers (2014-present)
  • Highest Rating AV 5.0 Preeminent, Martindale-Hubbell
Lectures, Teaching & Publications
  • Smith has published and lectured on employment law, damages, and workers’ compensation issues and taught administrative law at the College of Southern Nevada.
  • “The Proper Measure of Damages in a Tort Case… (Apparently Can Be Whatever the Trial Judge Thinks It Ought to Be).” Communiqué, December 2012
  • “Restrictions on Use of Sex Offender Website,” on July 31, 2008
  • “U.S. Supreme Court Discusses Social Media Policies,” on June 23, 2010
  • 47 page PowerPoint analysis of the Americans with Disabilities Act Amendments Act, 2010
  • 107 page PowerPoint analysis of Worker’s Compensation laws in Nevada, 2010
  • “Wage and Hour Overtime Lawsuits: the Next Tsunami?” On March 4, 2008