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Don L. Smith (1931-2024)



Don L. Smith

Don L. Smith, born in 1931 and a native of Chattanooga, Tennessee, was a founding partner of Smith Cashion & Orr, PLC where he devoted his practice to construction law and litigation.

Mr. Smith earned his Bachelor of Arts degree from Vanderbilt University in 1954 and his Juris Doctor degree from Vanderbilt University in 1956. Thereafter, Mr. Smith was commissioned as an officer in the United States Naval Reserve in December of 1956 and served on active duty from 1956 to 1961. He served in the active Naval Reserve from 1962 until his retirement in 1991 with the rank of Commander.

Prior to co-founding the law firm of Smith Cashion & Orr, PLC in 1998, Mr. Smith practiced law and was the named partner in the Nashville law firm of Manier, Herod, Hollabaugh & Smith. While at Manier, Herod, Hollabaugh & Smith, Mr. Smith served on the Executive Committee and as managing partner of the firm. Mr. Smith also served as managing partner of the construction law section of the firm.

Mr. Smith devoted a considerable portion of his practice to alternative dispute resolution. Mr. Smith was commissioned by the Supreme Court of Tennessee as a Rule 31 Mediator. He was also a Member of the Panel of Arbitrators and the National Panel of Construction Mediators for the American Arbitration Association.

Mr. Smith was a member of the Nashville, Tennessee and American Bar Associations. Mr. Smith was an active member in the ABA Construction Law Forum. Mr. Smith was also a member of the Tennessee Defense Lawyers Association. Mr. Smith served as Vice-Chairman of the ABA Torts and Insurance Section from 1987-1988. Mr. Smith also served as a member of the Board of Directors of the Defense Research and Trial Lawyers Association from 1976-1977 and 1980-1981. Additionally, Mr. Smith served in various capacities as an officer and director of the Federation of Insurance and Corporate Counsel, including Vice President from 1974-1975; Member of the Board of Directors from 1975-1978; Secretary-Treasurer from 1978-1979; Executive Vice President-President Elect from 1979-1980; President from 1980-1981; and Chairman of the Board from 1981-1982. Mr. Smith was a member of the Tennessee Association of Construction Counsel and served as Chairman of the Board.

Mr. Smith often provided lectures on construction law before various organizations, including: the Tennessee Bar Association, the Nashville Bar Association, the Associated General Contractors, the Associated Builders and Contractors, the Tennessee Society of Professional Engineers, the Tennessee Road Builders Association, and the Tennessee Ready Mix Concrete Association. Mr. Smith also lectured on behalf of the Tennessee Department of Transportation concerning minority business enterprise issues. In addition, he presented numerous construction related seminars for Lorman Education Services and the National Business Institute.

Mr. Smith co-authored several construction law publications including Chapter 43 of Fifty-State Construction Lien and Bond Law published in 1992 by Wiley Law Publications and “A Practical Guide to Tennessee Construction Law.” Mr. Smith also drafted numerous Tennessee statutes relative to the construction industry.

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Education

  • B.A., Vanderbilt University, 1954
  • J.D., Vanderbilt University, 1956

Bar Admissions

  • United States Supreme Court
  • Tennessee Supreme Court
  • U.S. District Court for the Middle District of Tennessee
  • U.S. District Court for the Western District of Tennessee
  • U.S. District Court for the Eastern District of Tennessee
  • United States Court of Appeals for the Sixth Circuit

Honors & Distinctions

  • Lifetime Achievement Award, Tennessee Association of Construction Counsel