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Philip J. Smith

5.0
1 review

1 Unknown, Asheville, NC 28801

Litigation, Administrative & Regulatory Law, Health Care and 2 more

About 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. 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

 

Awards

AV Preeminent Peer Rated
This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.
Martindale-Hubbell Peer AV

Client Champion Awards

Client Champion awards recognize those attorneys who excel at service as affirmed by their clients. The awards, based on the quantity and quality of an attorney’s Martindale-Hubbell client reviews, demonstrate an ongoing commitment to delivering excellent client service. Award recipients stand out from their peers with a platinum, gold or silver icon.

Champion Badge Silver

At least three reviews and a score of 4.0 or higher.

Champion Badge Gold

At least six reviews and a score of 4.2 or higher.

Champion Badge Platinum

At least ten reviews and a score of 4.5 or higher.

Martindale Peer Awards

A lawyer who receives a minimum threshold of qualifying responses from fellow attorneys can qualify for one of three prestigious Martindale-Hubbell Peer Review Ratings:

Martindale-Hubbell Peer AV Preeminent Rating

AV Preeminent®: The highest peer rating standard. This rating signifies a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.

Philip J. Smith got this award in 2021

Martindale-Hubbell Peer Distinguished Rating

Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.

Martindale-Hubbell Peer Notable Rating

Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Avvo Awards

Avvo Top Contributor

Avvo Top Contributor: The Avvo Top Contributor Award is granted to attorneys who have earned significant contribution points in a given year on our sister site, Avvo.com. Contribution points are earned by answering questions in Q&A, publishing Legal Guides, and other useful contributions to the Avvo community.

Avvo Client Choice

Avvo Client’s Choice: The Avvo Client's Choice Award Badge is granted to attorneys with a significant number of 4+ star reviews in a given year.

Reviews for Philip J.

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Services

Areas of Law

  • Litigation
  • Health Care
  • Commercial Litigation
  • Other 2
    • Administrative & Regulatory Law
    • Construction and Professional Design

Experience

  • Bar Admission & Memberships
    Admissions
    1972, North Carolina
  • Education & Certifications
    Law School
    Temple University
    Class of 1972
    J.D.
    Other Education
    Wake Forest University
    Class of 1968
    B.A.
  • Personal Details & History
    Age
    Born in 1946
    Birkenhead, England, March 18, 1946

Contact Philip J. Smith

Of Counsel
5.0
1 review

1 UnknownAsheville, NC 28801U.S.A.

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