Where to begin?
Saturday morning, I learned that my friend and longtime Davidson County Fourth Circuit Judge, Phil Smith, had died in his sleep the night before at age 60. Way too young, to be sure.
Before he replaced Muriel Robinson one of Davidson County's two family court judges in 2009, Phil Smith was a divorce lawyer, practicing with Phillip Robinson for many years. I had cases against Phil Smith in those years - one, in particular, comes to mind (Moseley) - that we settled in my client's favor on the morning of trial.
Through some clever lawyering and a huge assist from Mary Frances Lyle, God rest her soul, I beat Phil Smith in that case and man, it pissed him off. I've thought about that case a lot the past couple of days.
Ironically, Phillip Robinson was appointed as the Davidson County Second Circuit Court Judge a couple of years after Phil Smith was appointed, then reelected. The result was that, in essence, Phil Smith and Phillip Robinson went from being law partners for two decades - working on divorce cases together - to working side by side as Davidson County's two family court judges.
I likened Phil Smith and Phillip Robinson to Ernie and Bert on Sesame Street. Longtime business partners and friends, then judges, presiding together over Davidson County's domestic court. They agreed on most things but differed on others. Watching them together - at CLE seminars, for instance - was hilarious, because they constantly picked on each other in the way the only old friends can.
I remember Phil Smith maintaining that he was more popular than Phillip Robinson because he had gotten more votes in his election when he was reelected - probably less than 200 more - and he chortled about that again and again. It made no sense, of course, because they didn't run against each other but damn, it was funny. It irritated Phillip Robinson, too, which made it even funnier.
I appeared in front of Phil Smith many times over the past 13 years, sometimes on simple, straightforward matters and other times on complicated, litigious matters (Neuman, Vingelen, to name a few). Phil Smith respected me, probably because we had been adversary counsel before he became a judge. I, of course, respected him because he took his job as a judge so seriously and worked so hard to clean up the domestic docket after he was appointed a judge in Fourth Circuit Court.
A few months ago, Phil Smith asked Greg Smith (no relation) and me to preside over mock mediations in his family law class at Nashville School of Law, where he had taught for several years. Greg and I had a great time and I loved interacting with the students. Afterwards, Phil Smith, Greg, and I talked for a while, as friends and colleagues are wont to do.
Recently, I appeared in Court on a matter (Demaree) that required Judge Smith's attention. My case was the last one on the docket and I stepped back into his chambers after we finished the hearing. Alisha had just told me she was leaving our office and I asked Phil Smith to give some thought to finding a replacement for her. Without missing a beat, he told me he already had my replacement and she was in his chambers with us, then and there.
Of course, I hired Andrea McCoy, his law clerk for three years, and she started with us about a month ago. That's how much I respected Phil Smith.
A lawyer I talked to yesterday, Jacob Thorington, remarked that Judge Smith taught him something almost every time he appeared in front of him and - this is important - not in a condescending, arrogant way. In a mentoring way, a way that made him proud to be a lawyer.
Phil Smith absolutely loved his job. He loved being a judge and took his responsibilities very seriously. When he was on the bench, it was easy to see how much he cared, even if he ruled against your client.
This is a huge loss for the legal community, particularly those of us who practice primarily family law. It's a big loss for me, personally, because Phil Smith was why friend and someone I respected tremendously. I'm so sad, today, for his wife, Pam, and his two daughters.
None of this make any sense, not really. Phil Smith was a big personality and quite frankly, it's hard to imagine practicing domestic law in Nashville in front of someone else.
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