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The Legal Elite

The Legal Elite 2006: Transportation / Admiralty / Intermodal
Charles H. Smith III
Gentry Locke Rakes & Moore
Roanoke

LEGAL ELITE PROFILES
LEGAL ELITE LISTS
READER REACTION

by Rod Belcher
for Virginia Business
December 2006

Charles H. "Trey" Smith III, the son of a well-known, retired judge, grew up with people expecting him to follow his father into law. Smith actually wanted to be a veterinarian, he says.

Life, however, takes odds twists before some people settle on their life's work. Smith, in fact, is now a lawyer with Gentry Locke Rakes & Moore in Roanoke where he has built a solid reputation for his work in transportation law. In recent years, his practice has shifted from defending the large transportation carriers that own and operate the fleets of 18-wheelers that crisscross America's highways, to handling more product and medical liability cases. "I got into law, like I believe a lot of people do, to do something that helps people. I feel that's what I'm doing," he says.

In college, however, Smith had crossed law school off his list. His father, Charles H. Smith Jr., was a circuit court judge in Abingdon. "I love and respect my dad," the younger Smith explains. "But I grew up around the legal life, and I just didn't want to do it at first because it was kind of expected of me."

When he graduated from the University of Virginia with a degree in chemistry, "I was headed for vet school. I had a job working at the Charlottesville Animal Hospital. It was one of the most rewarding things I ever did. You don't ever hear any veterinarian jokes, now, do you?" Smith says with a laugh.

But Smith's veterinarian mentors advised him to take a year off before committing himself to vet school. He moved to Colorado to ski the slopes of the Copper Mountains while supporting himself waiting tables and tending bar.

During that year, Smith had second thoughts about law school. He took the LSAT (the law school entrance exam) and scored higher than he expected. He sent his application to the Marshall-Wythe School of Law at William & Mary just before deadline. "I remember FedExing it to them overnight," he says.

Once he made the commitment to law school, his natural aptitude for the profession became apparent. He clerked for Gentry Locke Rakes & Moore in his second year of school law, and when he graduated in 1991, he had a position waiting for him there. "I really hit it off with the people here," he says. "It was the personalities of the lawyers here that really made me want to stay with this firm."

Smith's reputation in transportation law grew out of his insurance defense work. He represented large transport carrier corporations whose vehicles travel the busy and often hazardous Interstate 81 corridor. As a major artery of commerce for the East Coast, I-81 handles substantial traffic every year. For example, in 2003, during an 18-month period, there were 825 accidents involving commercial trucks that resulted in 449 injuries and 15 deaths.

The number of accidents requiring litigation in the area led Gentry Locke Rakes & Moore to develop a transportation focus within its practice. Smith helped in its creation. "There was enough work to keep three attorneys busy," he says.

But after years of representing companies, Smith gravitated toward handling transportation cases from the plaintiff's side. That has also led to an increased number of liability cases in other areas as well. "The reasons I decided to do more plaintiff work after 10 years has to do mostly with the bureaucratic nature of the work representing the carriers," he says. "Plus I've always kind of pulled for the underdog."

One of Smith's liability cases involved Sean Hughes, a resident of a mental retardation center in Southwest Virginia. He died 18 days of pneumonia after being admitted to the center.

Smith represented Shannon Payne, Hughes' sister, in a lawsuit against the state alleging negliegence. "It was eventually settled [in mediation]," Smith says, "but not until after a long fight in which the commonwealth claimed that it had immunity for the claims being made on Sean's behalf. It was a struggle, but the family ultimately prevailed."

Smith has been married since 1999. He and his wife, Lisa, have two young children, with a third child on the way.

Smith's colleagues say he is an excellent lawyer with a natural talent for his profession. "Trey has a way of dealing with people," says fellow lawyer Drew Davis. "No pretense, no arrogance. He's as straight as an arrow. Whatever he says, you can take it to the bank. He is well respected by the bar and the judiciary."

 

 

 


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