S. David Smith
Member
Houstonsdsmith@mcglinchey.com
(713) 335-2136 (p)
(713) 520-1025 (f)
S. David Smith is a member in the firm's Houston office, where his practice is primarily focused on commercial and consumer financial services litigation.
David attended the School of Foreign Service at Georgetown University and received his B.S.F.S. in 1984. He then attended Southern Methodist University School of Law and was an editor on law review before graduating in 1987.
Litigation
David has extensive experience with complex commercial litigation, including banking cases, receiverships, and consumer and commercial financial litigation. He is board certified in Consumer and Commercial law by the Texas Board of Legal Specialization.
He is also past Chairman of the Houston Bar Association Commercial and Consumer Law Section, and a frequent presenter on consumer finance issues.
Published Opinions
- Woods Code 3, Inc. d/b/a Americom v. JPMorgan Chase Bank, N.A. (Tex. App.-Beaumont 2009)
- AMX Enterprises v. Bank One, 196 S.W. 3rd 202 (Tex. App.–Houston [1 Dist.] 2006, writ denied).
- Habibollah Yazdchi v. Bank One, 177 S.W. 3rd 399 (Tex. App.–Houston [1 Dist.] 2005, writ denied).
- Henry A. Canfield v. Bank One, 51 S.W. 3rd 828 (Tex. App-Texarkana 2001, writ denied).
- Allied Capital Partners v. Bank One, 51 S.W. 3rd 51 (Tex. App.–Dallas 2001, no writ).
Professional Affiliations
- American Bar Association, Member, Committee on Consumer Financial Services
- Houston Bar Association
- State Bar of Texas, Chair of MCLE Committee, 2008-2010
From 2008 to 2010, David served as Chair of Minimum Continuing Legal Education Committee of the State Bar of Texas. During that time, he spearheaded a major revision to the Regulations and Accreditation Standards, which had not been done in over 15 years. After two years of receiving input, working with the various sections and committees as well as members of the bar, the Board of Directors passed David's proposal in January of 2010, making Texas the first state to allow CLE credit for downloadable content such as pod casts or web casts. - Texas Bar Foundation
- Texas Board of Legal Specialization, Consumer and Commercial Law Advisory Commission, Board of Directors (2009 - ); Consumer and Commercial Law Exam Commission, Board of Directors (2009 - )
Admitted to Practice
- Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States Court of Appeals for the Fifth Circuit
- Supreme Court of the United States
Education
- Southern Methodist University Dedman School of Law, J.D., 1987 (Law Review)
- Georgetown University, B.S., 1984
Presentations
- "Arbitration: What's Left," Suing, Defending, and Negotiating with Financial Institutions, February 25, 2010
- "Update of FCRA Issues and Litigation," 8th Annual Consumer Finance Legal Conference, October 22, 2009
- "Discovery With and Against a Bank," Suing, Defending, and Negotiating with Banking Institutions, Texas Bar CLE seminar, April 2-3, 2009
- "Current Developments in the FDCPA," CLI's Consumer Debt Collection, Loan Servicing and Bankruptcy Seminar, Dallas, October 2008
- "FCRA Developments and Litigation," Consumer Credit Conference, November 2007
- "Survey of Current Issues and Recent Developments Under the FDCPA," Consumer Debt Collection, Loan Servicing, and Bankruptcy Conference, October 2007
- "Survey of Predatory Lending," Consumer Finance Conference, August 2006
- "Negotiating and Drafting Indemnity Clauses," presented in conjunction with webcast, August 2006
- "Recent Trends in ECOA and Automobile Litigation," Annual Consumer Finance Legal Conference, June 2006
- "Impact of Truth-In-Lending Act on the Debtor-Creditor Relationship," Conference on Current Issues in Debtor-Creditor Law and Privacy, February 2006
- "Current Trends in Banking Litigation," Bankruptcy and Commercial Consumer Law Institute, 2003
Publications
- "The Credit Card Act of 2009," The Houston Lawyer, Vol. 47, No. 4, January/February 2010
- "Survey of Current FDCPA Developments," Consumer Finance Law Quarterly Report, Vol. 63, Nos. 3-4, Fall/Winter 2009
- "The Impact of TILA on the Debtor-Creditor Relationship," Consumer Finance Law Quarterly Report, Vol. 61, No. 2, Summer 2007
- "High Cost Mortgage Lending: The New Lender Liability," Defense Research Institute Newsletter, April 2007
Community and Other Activities
- Texas Bar Foundation, Member of District 4 Nominating Committee, 2006
