Smith Phillips Mitchell & Scott ...when results count.

Smith Phillips Mitchell Scott & Nowak represents a wide range of corporate, business and governmental entities in significant business matters and litigation needs. SPMS&N partners serve on corporate and governmental boards and are active in the business and industrial development of North Mississippi. The firm represents governmental bodies as well as national companies in a wide range of legal areas.

Governmental Litigation

One of the fastest growing areas of practice at Smith Phillips is civil litigation on behalf of governmental entities.  Increasingly, governmental bodies are in need of access to the Courts to assert their rights and those of the citizens they represent.  Local governmental and quasi-governmental entities suffer financial pressures as “no new taxes” at the federal and state levels pushes the cost of services to the local level.  Elected representatives can no longer sit by idly when cities, counties and quasi-governmental authorities have legitimate causes of action for wrongdoings.   With increasing frequency, SPMS&N is called on to represent governmental and quasi-governmental public bodies in significant litigation on a contingency fee basis.

The unique background of Smith Phillips Mitchell Scott & Nowak, as experienced, plaintiff-oriented contingency fee litigators as well as long-time attorneys for public entities enables the firm to work well with city attorneys, county attorneys, and other representatives of public bodies.   Working in conjunction with the full-time Board attorneys, Smith Phillips represents counties,  municipalities and other public entities in claims in a broad range of litigation topics.  Examples include:

• Representation of a County in massive multi-state water rights litigation;

• Suit on behalf of  Mississippi municipality and its insured employees against a Texas insurance company arising from wrongful increases in the City’s insurance program premiums;

• Representation of a Mississippi county, city and hospital district in fraud claims arising from a nationwide fraudulent retirement home scheme which spawned SEC criminal charges and receivership proceedings in Federal Court in Indiana.

Corporate & Business Litigation

Smith Phillips Mitchell Scott & Nowak offers corporate and business clients over thirty years’ experience in successful business litigation and the representation of business interests.  Examples of SPMS&N corporate and business representation and involvement include:

• SPMS&N serves as general counsel for Dunlap & Kyle Company, Inc., one of the largest privately owned corporations in the State. Dunlap & Kyle is engaged in the wholesale and retail tire distribution business throughout the United States and on a global basis.

• The firm represents First Security Bank, the largest locally owned financial institution in the Northwest Mississippi region.

• SPMS&N has represented the City of Batesville, Mississippi continuously since 1978. The progressive city government of this thriving small town has attracted commercial and industrial growth and development from throughout the nation. Smith Phillips Partners Richard Phillips and Colmon Mitchell serve as City Attorneys for the City.

• Partner Colmon Mitchell serves as general counsel for governmental and quasi-governmental corporate entities including, among others, the South Panola School Board, Tri Lakes Medical Center, and Tallahatchie Valley Electric Power Association.

• The firm has successfully represented numerous business entities in cases arising from significant P&C insurance losses, litigating in the state and federal courts and recovering substantial damages as well as costs on behalf of businesses including grain companies, mechanical contractors, financial institutions and others.

• Frequently the firm represents corporate insureds who are being defended in litigation “under reservation of rights.”  Positions taken on behalf of such parties in significant cases can impact whether or not coverage is provided under applicable contracts of insurance.  In such situations, insurance companies owe the insured businesses counsel of their own choosing, in addition to regular defense counsel, to protect the private interest of the business.  Increasingly, the plaintiff-oriented approach and success of Smith Phillips Mitchell Scott & Nowak is proving beneficial to corporate and business clients in this and other situations in today’s litigation environment.  

Smith Phillips partners and associates actively serve in leadership positions on multiple business and business development entities.  Partner Richard Phillips is a former President of the Industrial Development Foundation and is the recipient of the Panola County Development Foundation Community Service Award for “aggressive leadership in the advancement of industrial growth” in North Mississippi. Phillips has also served on the Board of Directors of one national and two regional corporations. 

As corporate business practice and litigation needs continue to merge for both business and government, Smith Phillips provides the full range of legal skills necessary to effectively represent business and government in today's changing environment. For more information on other governmental and business activities see “ In the News.”