Legal cases need not end after a verdict. Individuals unsatisfied with a court’s ruling can appeal the verdict to judges in a higher court to receive a satisfactory decision. Smith McBroom has a notable history of successfully representing clients in both federal and state appellate courts.
We represent clients who have received a ruling in civil courts they find unsatisfactory or unjust. Our highly skilled team of appellate attorneys stand at your service to fight for the verdict you deserve.
Both Mr. McBroom and Mr. Smith clerked for Former Chief Justice Fairhurst of the Washington State Supreme Court and know the appellate system. More important, they know how to prevail in their appellate cases. Mr. McBroom was lead counsel in the largest class action ever against the State of Washington, which he successfully prosecuted from the Jury’s verdict to the Washington State Supreme Court.
Legal appeals need not end after the first appeal. If a party is unsatisfied with the outcome of their case in both the conventional court, and the first court of appeals, they have the option to take their appeal to higher courts. The Supreme Court sits at the pinnacle of all the courts. This Court exists both at the federal and state level and serves as the final and highest venue for the appeals process. The decisions handed down in these courts are final and, in some cases, can result in current laws and statutes being changed or struck down.
Smith McBroom’s team of appellate attorneys knows the appeals process involving the Supreme Court inside and out, and will vigorously fight to achieve your desired outcome. Our attorneys are skilled in the art of making the truth prevail and have a proven track record of earning favorable rulings for our clients.
Court of Appeals:
The verdict handed down in your case in a conventional court is not necessarily the final outcome. If you are unsatisfied with the outcome of your case, you can appeal the lower court's decision to higher courts. Our team of attorneys has an established track record of successfully presenting arguments which have persuaded judges to issue numerous positive decisions for our clients at all levels of both federal and state appellate courts.
Breach of Contract
Mr. McBroom and Mr. Smith have extensive experience in handling a wide-array of breach of contract claims.
A contract is an agreement between two parties that is legally binding. Contracts are required where an offer is given, that offer is accepted, and there is an exchange of compensation (usually monetary).
These documents are drafted to ensure both parties comply and follow through with the conditions of the agreement.
Unfortunately, legal issues surrounding contracts can become complicated and lead to disputes. If a case arises in which a contract is breached by one or both parties, it is important to be able to hold that party accountable for any damages or complications they may have caused.
Our skilled team of attorneys draw upon their abundant knowledge of contract law to offer a wide range of services including the drafting of contracts, contract review, and litigation related to breach of contract cases.
Smith McBroom has a long history of experience with all types of contracts including, but not limited to, healthcare agreements, leases, employment agreements, confidentiality agreements, non-compete agreements, purchase orders, and construction contracts.
Unfortunately, lawsuits come up at some point for almost every business. Ranging from liability and damage suits filed by customers, lawsuits from current and former employees, and legal action taken by one business against another.
Lawsuits can be a problematic obstacle, or an important tool for protecting your business.
We have experience representing many clients including businesses, employees, and consumers. Whether you are seeking damages due to product liability, wrongful termination, contract violations, or other reasons, we will work tirelessly to help you achieve the result you deserve.
Mr. McBroom was lead counsel in the largest class action ever against the State of Washington. The case went through a full jury trial and the verdict was later upheld by the Washington State Supreme Court. He also has provided representation in a number of other class actions, including benefits for wartime veterans.
Smith McBroom has extensive experience pursuing class action lawsuits. We recognize class action lawsuits can play an important role in holding businesses, organizations and individuals accountable.
Our firm knows of the Washington court system and laws related to class action litigation. Our skilled team of attorneys looks forward to engaging in class litigation to vindicate the rights of many.
Mr. McBroom and Mr. Smith have a wealth of experience representing clients in vindicating their civil rights.
Smith McBroom provides many clients with in-depth counsel on the most recent developments in legislation and statute enforcement. We provide advice and guidance in an array of constitutional areas. Smith McBroom is dedicated to protecting the Constitutional rights of their clients. Through in-depth legal analysis, Smith McBroom obtains successful outcomes by connecting the facts to the constitutional issues and explaining it in a manner understandable to judges.
In a rapidly growing and dynamic region, we here at Smith McBroom know navigating construction law in Washington can be complicated and overwhelming. Our experienced team is familiar with even the most cutting-edge developments in Washington construction law and offer a wide range of services to ensure your project goes smoothly. We represent owners, general contractors, and subcontractors on the plaintiffs' side. This means, Mr. Smith and Mr. McBroom will sue on your behalf to right the wrongs of your specific construction situation.
In a region experiencing explosive growth, we understand the importance of completing building projects in a proper, timely, and cost-effective manner. Unfortunately, this doesn’t always happen. Sometimes, a contractor may fail to perform their duties set forth in the contract, or a customer may refuse to make payments. In cases like these, owners may have to turn to the legal system to resolve these issues. Our team of experienced attorneys can offer services on construction law matters including general contractor disputes, subcontractor disputes, construction payment disputes, environmental disputes, defective design disputes, construction litigation, enforcing collections, lien claims, claims against a bond, contractor negligence disputes, and general construction dispute resolution.
While projects usually go smoothly and end with a positive result, disputes can occasionally occur between contractors, subcontractors, and owners. We offer services including litigation, and aid in all kinds of construction disputes, construction dispute resolution, and enforcing payment collection.
Subcontractors play a vital role in developing businesses, residences, and infrastructure we take for granted every day. Our adept and seasoned attorneys provide subcontractors with a wide range of litigation services when you have been wronged.
If you are experiencing discrimination in the work environment or elsewhere, call upon our professionals at Smith McBroom to handle your case. Whether direct or implied discrimination, it can leave a lasting harm. Mr. McBroom and Mr. Smith stand up for this injustice to protect clients when they have been wrongfully discriminated based upon race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or disability.
Discrimination of any kind must be eliminated. The practice of discrimination is a matter of public concern. It threatens not only the rights and proper privileges of the citizens, but menaces the institutions and foundation of a free democratic state. These practices cannot be tolerated.
Smith McBroom is highly skilled in ensuring the victims of discrimination obtain justice for these wrongs including full and fair compensation for their damages.
Mr. McBroom and Mr. Smith will fight for your justice and are not afraid of taking the wrongdoers to trial. They recognize the patterns of injustice and inequality and are not afraid to challenge the system when needed.
Few things have a larger and more profound effect on our lives than healthcare. That is why legal issues surrounding it require rapid, innovative, and cost-efficient solutions to achieve positive outcomes whether you are an individual, physician, or healthcare provider.
Smith McBroom’s team of healthcare attorneys had a long history of practice in the industry and boasts an impressive track record of positive results. The attorneys here have represented individuals, hospitals, physicians, dentists, and others.
Smith McBroom’s healthcare attorneys have extensive experience and deep familiarity with the laws and regulations which affect and govern all healthcare providers.
Mr. McBroom also assists healthcare entities obtain a Certificate of Need licenses to establish healthcare facilities in the Pacific Northwest. He knows the certificate of needs laws and regulations and helps healthcare providers navigate those waters. He is also experienced in healthcare appeals as the need sometimes arise.
Get full justice for the careless acts of medical professionals. Before initiating litigation, the client will understand whether he or she has a viable medical malpractice claim. This minimizes the potential for adverse decisions and provides confidence the case has merit before pursuing it through the legal system. Mr. McBroom and Mr. Smith have extensive trial experience and know how to get full non-discounted compensation for their clients.
Healthcare is a necessity for every person to have in their lives. Most physicians, nurses, dentists, health care providers, and others, are highly trained and act with the utmost professionalism.
Unfortunately, sometimes things can go wrong resulting in complications, injury, or death.
In cases like these, malpractice suits often arise between the patient, or the family of the patient, and the physician/hospital. Our team of medical attorneys has a long history of both physicians/hospitals, and patients.
Smith McBroom offers unparalleled services to our clients including malpractice litigation, settlement negotiation, mediation, and alternative dispute resolution. Alternatives to trial are generally only pursued when the recovery for our clients can be obtained without a discount for the injuries.
We know how the insurance industry handles personal injury claims and the best ways to maximize recovery for our clients. The insurance carriers know we are not afraid to take them to a jury trial. When the other side has little to no coverage, we deal with our clients' own insurance carriers to maximize the payouts from the uninsured and underinsured coverage.
Few things are more stressful and overwhelming than an unexpected injury. Whether at the workplace or on the road, accidents can inflict heavy financial, medical, emotional, and personal tolls on victims.
Car accidents are stressful for all those involved and can be traumatic or painful if you or a loved one is injured. Accidents can occur for several reasons including faulty road design, negligence, and driver impairment.
We here at Smith McBroom work tirelessly for our clients to bring them peace of mind and earn the compensation they deserve.
Probate, Guardianship, Medicaid and VA Benefits, and Estate Planning Litigation
Elder law includes guardianships, probate, wills, estates and trusts. It can also include issues involving Medicaid or Veteran Assistance benefits.
Whenever a legal dispute arises in these areas or if you would just like to set-up a guardianship for a loved one or another, Smith McBroom is the right choice for you.
Mr. McBroom and Mr. Smith are experienced in handling guardianship, probate, and estate planning disputes you may find yourself encountering.
The firm offers every service families need to respond to the current and future challenges of disputes arising from long-term illness and disability, including estate planning, asset protection, Medicaid, and more.
Protecting vulnerable people includes our work with disabled children, disabled adults, and elders needing protection.
Smith McBroom’s team of experienced and skilled attorneys can offer several services including aid in acquiring a vulnerable adult protection order, advice on powers of attorney to protect the individual from financial exploitation, and litigation to recover assets taken through exploitation, and much more.
Under Washington law, vulnerable adults such as elders and disabled individuals can seek a protection order just as domestic violence or family abuse victims. Washington law does not require an individual to be incapacitated or disabled to qualify for vulnerable adult protection orders. The law states valid claims can be made for anyone who is under residential or home care, those with developmental disabilities, and those for whom guardian could be appointed.
A vulnerable adult protection order can protect an individual from abandonment, physical, sexual, or emotional abuse, exploitation (including financial), neglect, and even protection from threats of these which are made to influence the decisions of the individual.
Medicaid, SSI, and Veteran Administration benefits also play a vital role in the care of disadvantaged individuals. Disputes commonly arise because the State and Federal programs that govern these benefit programs are limited by funding the legislature provides. Mr. McBroom successfully led the largest class action case ever against the State of Washington to obtain compensation for shopping, laundry, housekeeping, and meal preparation services provided by in-home care providers. He has also fought for veterans who have had benefits wrongfully taken by the State.
Smith McBroom’s team of experienced and skilled attorneys offer several services including aid in acquiring a vulnerable adult protection order, advice on powers of attorney to protect the individual from financial exploitation, and litigation to recover assets taken through exploitation, and more.
Real Estate Litigation
Our skilled team of attorneys draw from their extensive experience in the Pacific Northwest real estate market to provide in-depth counsel to individual property owners, lenders, and investors.
Our residences are the places we spend most of our lives. The places we come home to rest after a day’s work. This is why getting residential real estate matters right is imperative. Smith McBroom’s residential real estate attorneys understand this and draw upon their years of experience in the Pacific Northwest real estate market to effectively serve our clients and bring them peace of mind.
Our clients have included homeowners, lenders, borrowers, landlords, tenants, homeowners, property sellers, property buyers, and investors. We can help with a wide range of residential real estate issues including, purchase and sale disputes, CC&R disputes, eviction proceedings, lien claims, easement disputes, and more.
Apartments and Condominiums:
Legal issues regarding apartments and condominiums can be complex. That is why we have put together a team of knowledgeable attorneys to take on the difficult work to give our clients peace of mind. We offer several services relating to all aspects of apartment and condominium real estate disputes including, landowner/tenant disputes, eviction proceedings, HOA/property owner disputes, and more.
Our commercial real estate team employs their widespread real estate knowledge to represent tenants or corporate real estate owners. We can assist clients with liens, construction claims, litigation, arbitration, and alternative dispute methods.
Sexual abuse can be a major damage to a person both physically and psychologically. Mr. McBroom and Mr. Smith are experienced in handling sexual abuse litigation in its entirety from the initial evaluation process, through litigation and, even where necessary, throughout the appeals process. They are trial attorneys and seek to obtain non-discounted compensation for the wrongs incurred by their clients.
At Smith McBroom, we understand conventional education tracks don’t work for every student. Disabilities, whether minor or major, can make these expectations detrimental to the student’s education or even make them impossible to meet. Thankfully, the Individuals with Disability Education Improvement Act of 2004 (IDEA) ensures schools are legally required to work with you and your student to tailor an educational experience tailored to your student and considers their disability. Many parents call upon Smith McBroom to work with the schools or other institutions to obtain the fullest education and care for the disabled children or young adults.
Individual education programs can be an invaluable tool to enhance the education of some children. Students who may not reach their full potential on a conventional academic pathway can use IEPs to tailor their education to their needs to help them thrive academically. To develop an IEP, parents (and sometimes, the student), sit down with educators to strategize and draft a plan which conforms to the student’s needs. We can help you strategize on how to best advocate for your child and make sure the school is complying with the regulations in the Individuals with Disabilities Education Improvement Act of 2004 (IDEA).
Due Process Hearings:
Smith McBroom is skilled in advising and resolving disputes in special education. We have a team of attorneys that will take your case to a special education due process hearing to obtain the relief you so desperately need. Many times you have to take disputes involving an IEP or 504 plan to a due process hearing. Schools often do not want to provide the education your child deserves because of the cost. That is when you need experienced attorneys to take your case to the next level. In a due process hearing, the administrative law judge will be able to order the schools to do the right thing and provide the education that your child has a right to receive and deserves. School districts also become responsible for any attorneys’ fees and costs you incur when you prevail at the hearing.
Obtaining non-discounted justice for families and others dealing with losing a loved one. We know the insurance games and are not afraid to take them through a full jury trial. We take pride in being honest with real jurors so our clients can be fully compensated for their losses.
While death is a sad and inevitable occurrence, Washington has long supported actions against others who wrongfully contribute to a person's death. The families of deceased patients may believe their family member did not die due to the condition they were being treated for, but rather due to malpractice by the physician or hospital. Wrongful death cases can be complicated and emotional for all parties, so it is important to take a clear-headed and cost-effective approach to create an outcome which satisfies our clients.
We generally represent the families of patients in wrongful death cases. Smith McBroom offers representation in litigation, mediation, settlement negotiation, and alternative dispute resolution.