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During his 25 plus years as a trial lawyer practicing in Oklahoma, A Mark Smiling has tried and defended, as the lead attorney, over 400 jury trials, cases involving motor vehicle accidents, trucks, products liability, commercial litigation, nursing home, healthcare, malpractice, white collar crimes, and general insurance law. He has acted in the role of outside trial counsel for defense clients in all types of cases, from catastrophic injuries and wrongful death, to property losses, as well as insurance coverage issues, bad faith litigation, and other property, life and casualty cases. Mr. Smiling has served as counsel for individuals, corporations, insurance carriers, self-insurance groups, and businesses from single owners to Fortune 500 companies. Mr. Smiling maintains an AV rating by Martindale-Hubbell, the highest level attainable by a practicing attorney, and the firm has received the distinguished honor from Martindale-Hubble of being selected for The Bar Register of Preeminent Lawyers.
Mr. Smiling was born in Clinton, North Carolina in 1958 and grew up in Fayetteville, North Carolina. In 1980, he graduated from Lee University located in Cleveland, Tennessee, receiving his Bachelor’s Degree in Business Administration and Political Science. He was a member of Upsilon Xi, President of the Student Body, and President of Phi Beta Lambda. He earned his Juris Doctorate in 1983 from O. W. Colburn School of Law in Tulsa, Oklahoma. He is admitted to practice before the Oklahoma Bar, North Carolina Bar, U.S. District Court for the Eastern District of Oklahoma, U.S. District Court for the Northern District of Oklahoma, U.S. District Court for the Western District of Oklahoma, 10 th Circuit Court of Appeals, Tribal Court in Oklahoma, the U.S. District Court for the Eastern and Western Districts of Arkansas, and serves as a mediator and arbitrator.
Mr. Smiling was voted in Tulsa People, for the years 2009 and 2010 as Tulsa's Top Lawyer, as Selected by Their Peers, as well as listed in Best's Directory of Recommended Insurance Attorneys and Adjuster.
Mr. Smiling is a member of the International Society of Primerus Law Firms, International Association of Defense Counsel, Federation of Defense and Corporate Counsel, DRI, Oklahoma Association of Defense Counsel, Oklahoma Bar Association, American Bar Association, North Carolina Bar Association, and the Tulsa County Bar Association, and the American Trucking Association. Mr. Smiling has volunteered as a judge for moot court competition in Oklahoma and has been a continuing education speaker on Effective Ways of Picking a Jury, Controlling Your Damages at Trial, and Effective Depositions for Lay and Expert Witnesses. Mr. Smiling has had several published decisions by the Oklahoma Supreme Court, which have made law for the state in areas such as the zone of danger rule, and case law defining the appropriateness of jurors taking notes in civil jury trials. Mr. Smiling has tried simple jury trials for his clients ranging from one day to complex jury trials in Federal Court expanding four months.
Beyond jury trial work, Mr. Smiling also assists clients in business transactions, real estate, probate, contracts, workers’ compensation, and general personal injury.
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