Smith & Wade - Our Story

A Reputation for Professionalism & Service

At the Smith & Wade law firm, Our commitment is to partner with our clients’ needs in every case we handle and to provide professional advice and representation in each of our areas of practice.

While our firm offers seasoned trial attorneys when necessary, our continued focus is on finding the most effective and efficient legal solution to our clients' needs. To this end, our attorneys have extensive experience resolving disputes through negotiation, mediation and arbitration.

We pride ourselves on delivering exceptional personalized service to individuals, small businesses and corporations and welcome your inquiry.

History of Smith & Wade, LLP

Smith & Wade, LLP began as a general practice and insurance defense firm. As its client base grew and developed, Smith & Wade, LLP broadened its area of service to its clients. For example, handling fraud and arson cases for insurance companies grew into conducting seminars with the Indiana Fire & Arson Conference and the National Society of Professional Insurance Investigators and, ultimately, evolved into offering testimony before Indiana legislative insurance subcommittees.

The handling of complex insurance defense matters for clients who are sued evolved into substantial jury trial experience and success, leading to conducting of seminars before bar associations and other national seminar programs.

The defense of insurance agents on behalf of insurance companies evolved into conducting statewide errors and omissions seminars for licensed agents in the State of Indiana on behalf of various companies and the Professional Insurance Association. The seminars were not only instructive, but they were certified by the Indiana Department of Insurance permitting the granting of continuing education credits to agents attending the Smith & Wade, LLP led seminars.

The firm's handing of automobile accidents led to defense and trial of complex motor vehicle accidents, evolving into the handling of wrongful death cases, both for plaintiffs and defendants, and, ultimately, lead to conducting of accident reconstruction seminars in conjunction with various engineering firms around the state on behalf of insureds and their claim representatives.

With its ever-broadening base of insurance company clients, representing the insureds of those companies, conducting seminars to a wide variety of groups, including insurance agents, the opportunities for Smith & Wade, LLP to grow and expand were rapidly developing.

In the year 2000, Smith & Wade, LLP expanded into the area of business organization and planning, wills and trusts, and estate planning and administration. By bringing on JeffreyB. Cadwell, a seasoned attorney with expertise in these areas, Smith & Wade, LLP was immediately able to offer broader services to its clients. Later on, Steve Sams was added to the firm. Steve works in the area of employment law and domestic relations.

One of the outgrowths of developing a strong reputation on behalf of insureds and insurers is that Smith & Wade, LLP, although a relatively small firm, has had the opportunity to be involved in a $50 million public construction case involving dozens of parties and a $10+ million matter involving the class action, pertaining to 1,500 homes built by an industry leader.

With its smaller size, Smith & Wade, LLP prides itself on our flexibility which allows our attorneyes to quickly adapt to meet a client's needs. Because of its skill level, it can handle major complex issues and, because of its work ethic, things are done in a timely and cost-effective basis.

Because of the number of trials handled by Smith & Wade, LLP attorneys, there have been opportunities to handle appeals of jury verdicts in the Indiana Court of Appeals and Supreme Court. Finally, because of the broad base of experience and the wide range of the types of clients, Smith & Wade, LLP has been able to assist, in a very case-specific basis, families who suffered serious injuries or death in accidents.

Just some of the services and activities of Smith & Wade, LLP, include:

Worker’s Compensation,
Construction accident litigation defense,
Serious motor vehicle accident reconstruction and litigation,
Fire cause and origin investigation and litigation,
Subrogation recovery litigation,
Plaintiff’s personal injury litigation,
Social security disability claims,
Domestic relations claims,
Estate planning,
Estate administration,
Business organization and structure,
Business litigation,
Business dispute mediation and settlement,
Business purchase and sale,
Insurance company examinations under oath pertaining to fraud, arson, and material misrepresentation cases,
Continuing legal education seminars for insurance agents,
Presentation of multiple seminars to bar groups,
Award of diplomat to the Indiana Defense Trial Counsel
President of the Westfield Washington Advisory Planning Commission

The firm has a Martindale-Hubbell AV Rating and has received Certificates of Appreciation from:

Indiana Defense Trial Counsel Diplomat Award - 2007
Indiana Fire & Arson Conference
Indiana Fire & Arson Conference - Legal Education Presentation - 2001
Indianapolis Metropolitan Firefighters Local No. 416 - Cause and Origin Training
INS Investigation Bureau Seminar Speaker - Indianapolis, Indiana
Insurance Institute of Indiana - Award of Recognition in appreciation of extraordinary counsel and legislative assistance - 2001
Professional Insurance Association Annual Meeting Certificate of Appreciation for Presentation of Continuing Insurance Education Seminars - 1994, 1995, 1996, 1997, 1998

It might well be said that the history of the firm of Smith & Wade, LLP began when senior counsel, Robert W. Wade, now retired, served in the U.S. Marine Corp. between 1952 and 1954. Mr. Wade was admitted to practice law in the State of Indiana in 1962.

Mr. Wade's long career included time as a Marion County Deputy Prosecutor, after which, Bob spent the next 40 years representing insureds and insurance companies defending lawsuits throughout the State of Indiana, in both state and federal courts. Bob Wade set the bar high for the attorneys now actively practicing with Smith & Wade, LLP.

Attorneys now practicing with Smith & Wade, LLP, include:

Robert A. Smith began his practice in 1969 when he took his first job with the Federal Trade Commission in Washington, D.C. representing the interests of consumers in the Washington, D.C. (Virginia/Maryland/Delaware/Pennsylvania) regional field office. That followed with stints at the Indiana Attorney General’s Office, as a director of a public foundation and then general private practice in Bloomington, Indiana. Since 1980, Bob has practiced from offices in central Indiana representing the interests of small and large businesses, insureds and insurers, in both federal and state courts, throughout the state.

Jeffrey B. Cadwell has been practicing since 1982. He has more than 25 years hands on experience in assisting small and large businesses and individuals with their business planning and organization, estate planning, and drafting wills and administering large and small estates. Jeff joined Smith & Wade, LLP in 2001 and has been a valuable asset to the firm and to its clients.

Randall A. Lakey has been in practice since 1993, gaining extensive trial experience while serving as a deputy prosecuting attorney in Illinois. Randy joined the attorneys at Smith & Wade, LLP in 2001. Randy concentrates his practice in representation of insureds and insurers throughout the State of Indiana. Randy has handled cases involving wrongful death defense arising out of automobile accidents, construction accidents, and defending masonry contractors in the $50 million dollar Indianapolis Marion County Public Library litigation.

Peter G. Wenzl received his strong background in insurance coverage and claims litigation as a senior claims adjuster with the Nationwide family of insurance companies. Pete went to law school graduating in 2001. Pete continues to work as outside counsel for Nationwide, defending the company and its insureds in a variety of litigation throughout the State of Indiana.

Stephen A. Semotuk brings to the firm a strong background in business organization, structure, and management. Steve has been a member of Smith & Wade, LLP since 2005. He received an undergraduate degree in finance Cum Laude in 1996, graduating from Valparaiso University with a J.D. with honors in 1999. Steve handles a variety of business litigation, business organization and consultation matters, estate planning and probate, and a wide variety of insurance defense matters. Steve recently has been involved in defending masons in the 1,500 home class action suit brought by Trinity Homes against a variety of subcontractors.

Steve Sams, of counsel for the firm of Smith & Wade, LLP, has been a member of the bar for 10 years. Steve has an interesting science background having received a B.S. in Chemistry and an M.A. in Healthcare Administration, followed by his law degree. Steve brings a wealth of background and experience to the firm through his extensive business career at the Washington University School of Medicine overseeing the research components. Steve concentrates in the areas of worker’s compensation, social security, and domestic relations.

Lesley A. Kelsey is the most recent addition to our firm. A member of the bar since 2007, Lesley brings to the table a love for the practice of law and a dedication and commitment to putting out the finest product for the benefit of the clients. She has a remarkable commitment to her work for a person so early in her career. She is a valuable asset to the compliment of attorneys of Smith & Wade, LLP.

The members of the firm have attended the following universities:

            Creighton University
            Indiana University - Bloomington
            Indiana University - Indianapolis
            Loyola University - Los Angeles
            Purdue University
            University of North Carolina - Chapel Hill
            University of Wisconsin - LaCrosse
            Valparaiso University
            Washington University - St. Louis

Firm memberships include:

            Hamilton County Bar Association
            Indiana State Bar Association
            Indianapolis Bar Association
            National Society of Professional Insurance Investigators
            Admission to all state courts in Indiana
            Admission to all federal courts in Indiana

The professional staff at Smith & Wade, LLP is unsurpassed in the Indiana bar community. The six professional staff members have more than 45 years of service at Smith & Wade, LLP. Their tireless work ethic and work product keeps Smith & Wade, LLP as a leader among quality law firms.

Overview of Smith & Wade Fee Structure

The Smith & Wade law firm welcomes clients for office consultations. The first thirty (30) minutes of said consultation is at no charge.

Thereafter, a charge may apply. Your attorney will tell you if there will be an additional charge and, if so, how much it will be.

Some cases are billed on an hourly basis. Your attorney will disclose to you what the hourly rate will be in your case. Hourly charges apply for various activities including the drafting of documents, appearing in court, conducting depositions, engaging in telephone conferences, or otherwise consulting with the client and opposing counsel, among other things.

Some cases are more suited to a contingency fee arrangement. If there is a recovery at some point during a case, the attorney’s fee is derived from the recovery. In many cases, it may be 1/3 of the recovery if the case settles at some point prior to trial.

It is quite common for the percentage to go to forty (40) percent of the recovery if the case goes to trial or settles after trial commences.

Many cases will involve expenses that are not part of the attorney’s fees. Some common examples include filing fees and the costs of depositions, medical records, mileage, and parking. You will be responsible for these expenses at some point, either before they are incurred, as they are incurred, or at the close of your case.

Your case may require the payment of an expense retainer, which is an advance payment on these types of expenses. You may be billed for the expense of depositions as they are conducted in your case.

Under certain circumstances, the firm may pay these expenses as they are incurred, with the understanding that you will pay the firm at the close of your case.

If you have questions or concerns about the attorney’s fees or expenses in your case, please feel free to ask your attorney.