Phillip Nelson Smith, Jr.

Phillip N. Smith, Jr. guides clients through complex civil litigation in both state and federal courts involving insurance defense, catastrophic injuries and wrongful death, property disputes, and premises liability.

Before joining the Firm, and spanning almost a decade, Phillip served as an Assistant United States Attorney in the United States Attorney’s Office for the District of Nevada (“USAO”). Phillip also served five years as a Deputy District Attorney at the Clark County District Attorney’s Office in Las Vegas. As both a state and federal prosecutor, he tried almost 60 cases in front of a jury (the majority as lead or sole counsel) and prosecuted various criminal matters, including cases involving violent crimes, firearms, drugs, fraud, sexual assaults, and homicide—winning convictions in numerous state and federal trials. He successfully argued several cases in the United States Court of Appeals for the Ninth Circuit, served as lead or sole counsel for major cases investigated by the Federal Bureau of Investigation; the Internal Revenue Service; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the United States Postal Service; and other federal, state and local law enforcement agencies, and lectured on the prosecution of firearms and violent crimes. In addition, Phillip spearheaded community outreach initiatives during his tenure as a federal prosecutor.

Phillip distinguished himself as a federal firearms expert during his tenure as the District of Nevada’s “Project Safe Neighborhoods” Coordinator, as the federal prosecutor tasked with reviewing and facilitating all federal and state firearms- and violent crime-related cases in preparation for federal prosecution. As a result, Phillip gained vast experience in investigating, prosecuting, and trying challenging cases. He served as the Chief of the USAO’s Narcotics and Violent Crime Section, and he was also honored with the United States Department of Justice’s “Director’s Award”—which recognizes the nation’s best federal prosecutors—for “Superior Performance as an Assistant United States Attorney” in 2014.

Phillip maintains a steadfast commitment to public service through his commission as an officer in the United States Navy Reserve Judge Advocate General's ("JAG") Corps, which he joined in September 2019. In 2025, Phillip was selected as a Special Court-Martial Judge. He currently serves as a Preliminary Hearing Officer ("PHO") as part of the Navy Reserve Trial Judiciary Unit, where he presides over Article 32 preliminary hearings involving serious criminal allegations against sailors and Marines under the Uniform Code of Military Justice ("UCMJ"). In this role, Phillip evaluates probable cause, assesses witness credibility, rules on evidentiary matters, and makes independent recommendations regarding the disposition of charges, including referral to general courts-martial. 

In addition to his present duties as a PHO, Phillip has previously provided command advice in support of military operations worldwide, enforced good order and discipline through the application of UCMJ and Department of Defense regulations, prosecuted courts-martial, and conducted administrative separation boards. He has also provided legal assistance and estate planning services to service members, their families, and retirees. He regularly serves as the officer-in-charge for military funeral honors ceremonies for deceased veterans and active duty personnel. Phillip was also awarded the 2023 Rear Admiral Hugh Howell Award for "Junior Officer of the Year" and currently holds the rank of Lieutenant Commander.

• Successfully litigated a federal case resulting in a published United States Court of Appeals decision in United States v. Jay Yang, 958 F.3d 841 (9th Cir. 2020), in which the Court issued a favorable ruling in a matter of first impression which had nationwide implications.
• Successfully litigated a federal case resulting in a published United States Court of Appeals decision in United States v. Chandler, 743 F.3d 648 (9th Cir. 2014), in which the Court issued a favorable ruling in a matter of first impression which had nationwide implications.
• Successfully litigated and tried before a jury complex and multi-defendant federal criminal cases under the Racketeer Influenced and Corrupt Organizations (“RICO”) Act.
• Obtained multiple jury verdicts in felony cases as both a state and federal prosecutor.
• Successfully prosecuted three murder cases in United States District Court.
• Successfully prosecuted four murder cases in state court.
• Successfully prosecuted a violent robbery spree case in United States District Court and obtained 13 consecutive life sentences, a case which was affirmed by the Ninth Circuit Court of Appeals in United States v. Howard, 650 Fed.Appx. 466 (9th Cir. 2016).
• Successfully prosecuted a local police officer in United States District Court for violation of a citizen’s civil rights by using excessive force, resulting in a sentence of incarceration for the defendant.
• In addition to numerous federal violent crime, firearms, and drug-related cases, successfully prosecuted federal “white collar” crime cases involving mail and insurance fraud, mail theft, and income tax evasion.
• Successfully defended several cases on appeal to the Ninth Circuit Court of Appeals.
• Served as the Chief of the Narcotics and Violent Crime Section at the United States Attorney’s Office.
• Recognized subject matter expert in the area of federal firearms laws.
• Litigated federal misdemeanor bench trials as a federal prosecutor.
• Presently serves as a commissioned naval officer in the Judge Advocate General’s Corps, United States Navy Reserve. 

Most notable client successes include:

1. Brown v. Golden Nugget Laughlin, et al. This case involved a plaintiff’s fall at the Golden Nugget Hotel & Casino in Laughlin, Nevada (“GNL”). The plaintiff claimed that he suffered a broken neck resulting from a fall while going down an escalator at the casino. The plaintiff and his wife filed suit alleging negligence and loss of consortium claims against GNL and the escalator service company, claiming that the escalator was improperly maintained, too loose, unstable, narrow, shaky, and otherwise defective—and that those conditions were what caused him to fall. The case proceeded to a two-week trial with Phillip serving as co-counsel representing GNL, and the jury returned a verdict in favor of the defendants. The trial court also awarded attorneys’ fees.
2. United States v. Louis Matthews, et al. This case involved prosecuting multiple defendants for a drug-related homicide where the drug dealer (who was selling 20 pounds of marijuana to two of the defendants) was murdered during the course of the drug deal. All six defendants that were charged in connection with this case either pleaded guilty or were convicted at trial. 
3. United States v. Abdul Howard. This case involved the prosecution of a defendant who had been charged with committing a total of 14 violent armed robberies with a firearm in Las Vegas and North Las Vegas, including two where he discharged the firearm (striking the clerk in the neck in one of them). The defendant was convicted at trial and ultimately sentenced to multiple life sentences for the robberies.
4. United States v. Tavares Chandler. This case involved an appeal where the two primary issues before the Court—whether the defendant’s prior Nevada felony convictions for Conspiracy to Commit Robbery and Second Degree Kidnapping qualified as “violent felonies” under the federal “Armed Career Criminal Act”—were issues of first impression which had national implications. The Ninth Circuit ruled in favor of the United States and issued a published opinion.
5. United States v. Delvin Ward, et al. This case involved the prosecution of a violent street gang for violating federal RICO law by committing murders, robberies, and selling drugs. The case was brought against a total of 10 defendants. Nine defendants pleaded guilty and one defendant was convicted at trial of committing a previously-unsolved murder.
6. United States v. Nicholas Bickle, et al. This case involved the prosecution of three defendants for conspiring to sell fully-automatic machine guns and other weapons on the black market. One of the defendants (Bickle) was a U.S. Navy SEAL and had been responsible for smuggling machine guns and pistols from Iraq back into the United States. Bickle then conspired with the other two defendants to sell these weapons, which ended up in them unwittingly selling some to an undercover ATF agent. Bickle had also stolen C-4 explosives from his base in San Diego. Bickle took the case to trial and was convicted; the other defendants pleaded guilty. Received a prestigious national award from the United States Department of Justice for the successful prosecution of this case.

U.S. Navy JAG Corps Rear Admiral Hugh Howell Award for Junior Officer of the Year, 2023-2024

Nominee for the U.S. Department of Justice “Director’s Award” for “Superior Performance as an Assistant United States Attorney – Criminal Division”, 2016-2017

U.S. Department of Justice “Director’s Award” for “Superior Performance as an Assistant United States Attorney – Criminal Division”, 2014

Nominee for the U.S. Department of Justice “Director’s Award” for “Superior Performance as Part of a Litigative Team”, 2013