Atty. Philip J. Smith
Phillip Smith is a principal with The Van Winkle Law Firm, where he practices in the areas of healthcare, construction, professional malpractice defense, products liability, banking and commercial law. Since joining the firm in 1972, he has supported the business operations of professionals in accounting, architecture, dentistry, engineering and law.
Profile Summary
About Philip J. Smith at a glance
Philip J. Smith is an Of Counsel based in Asheville, North Carolina. They have 54+ years of legal experience, licensed to practice since 1972. Their practice focuses on business, litigation, government, and health care. Admitted to practice in North Carolina (1972). Educated at Temple University (J.D., 1972) and Wake Forest University (B.A., 1968). Recognitions include AV Preeminent. Serands clients in Asheville, NC and the surrounding metropolitan area.
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About
- Phillip Smith is a principal with The Van Winkle Law Firm, where he practices in the areas of healthcare, construction, professional malpractice defense, products liability, banking and commercial law
- Since joining the firm in 1972, he has supported the business operations of professionals in accounting, architecture, dentistry, engineering and law
- He successfully defended physicians and their practices against multi-million dollar claims of negligence and defended a hospital in a similarly large claim asserting deprivation of due process, freedom of speech, breach of contract, slander and contract interference
- Practice Highlights • Successfully defended local hospital in U.S
- District Court in a multi-million dollar claim commenced by a surgeon as a result of his medical privileges being summarily suspended at the recommendation of the hospital’s medical staff
- The action asserted claims for deprivation of due process, freedom of speech, breach of contract, slander and contract interference
- Case is on appeal to the Fourth Circuit Court of Appeals. • Unwinding of two major medical practices and successful negotiation of terms without litigation or alternative dispute resolution and no interruption of practice business. • Jury verdict in favor of surgeon who bypassed the wrong coronary artery alleged to have been the result of negligence causing the plaintiff to sustain a subsequent myocardial infarction. • Successful defense of multiple physicians and an academic medical center in a $24 million impaired baby case
- Awards and Honors • AV Peer-Review Rated by Martindale-Hubbell • Best Lawyers in America • Business North Carolina Legal Elite • North Carolina Super Lawyers Community Involvement • Asheville City Schools Foundation • Asheville Chamber of Commerce Healthcare Roundtable • Asheville-Buncombe Christian Ministries Board of Directors, Former President • Central United Methodist Church Board of Trustees, Former Chairperson • Pisgah Legal Services, Former President • United Way • Wake Forest University Alumni Council • YMCA Board of Directors Professional Affiliations • 28th Judicial District Bar, Past President • American Health Lawyers Association • Buncombe County Bar Association, Past President • Defense Research Institute • Harry C. Martin American Inns of Court • North Carolina Association of Defense Attorneys • North Carolina Bar Association • North Carolina State Bar
Practice Areas Explained
Philip J. Smith's Areas of Practice
Each practice area below reflects the types of cases Philip J. Smith handles, with a brief overview of what that area of law covers.
Business attorneys advise founders and growing companies on entity formation, contracts, financing, M&A, and dispute resolution.
Philip J. Smith is one of 501,317 business attorneys indexed nationally. Browse business attorneys in North Carolina →
Civil litigation attorneys for breach of contract, business disputes, civil rights, and class action lawsuits.
Philip J. Smith is one of 454,532 litigation attorneys indexed nationally. Browse litigation attorneys in North Carolina →
Attorneys for administrative law, agency hearings, government contracts, licensing, and public benefits.
Philip J. Smith is one of 132,225 government attorneys indexed nationally. Browse government attorneys in North Carolina →
Health care attorneys for HIPAA, Medicare, Medicaid, regulatory compliance, and medical licensing matters.
Philip J. Smith is one of 66,735 health care attorneys indexed nationally. Browse health care attorneys in North Carolina →
Jurisdictional Context
Why local counsel matters in North Carolina
Practicing law in North Carolina. Legal matters in North Carolina are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Asheville are typically filed in the local municipal court or the appropriate North Carolina state district court, depending on subject matter and amount in controversy. An attorney licensed in North Carolina brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in North Carolina courts without local counsel or pro hac vice admission.
Looking for additional North Carolina attorneys? Browse all attorneys in Asheville or all attorneys in North Carolina.
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