Employment & Labor Insider

It is with deep sadness that I share the news of the passing on February 3 of one of our named partners, James Franklin Smith. Jim joined the firm in 1964 when we were Constangy and Prowell, and he became a named partner in the early 1970s. He was a brilliant traditional labor lawyer, and played a pivotal role in developing many of our practice areas, which exist today. He had a distinguished record of trial and appellate success, typically going head-to-head with the National Labor Relations Board or labor unions. 

Jim was not only the consummate labor lawyer, but for those of us who had the pleasure of knowing him, Jim was also the consummate gentleman. He took time to cultivate relationships with both associates and staff. Although he was a fierce advocate for his many clients, he was kind and generous with his time and wisdom with everyone with whom he worked. Jim had an apple orchard at his farm in Lake Hartwell, Georgia, and regularly brought apples to the office for the staff and lawyers. His kindness and respect toward others set the standard for our culture – a culture that continues to exist on our best days today.

On a personal note, I had the pleasure of speaking with Jim just a few months before he died – it was a remarkable conversation, and at 93 Jim’s passion for our firm and the practice of law was as strong as ever. He chuckled over the fact that he and I remained on the same “semi-first-name basis” that we had adopted the day I joined the firm – I called him “Mr. Smith,” and he called me “Neil.”

Jim grew up in Stanley, North Carolina, and after losing both of his parents early in life, paid his way through college by working as a commercial salmon fisherman in Alaska. He obtained his bachelor’s degree in 1953 from the University of North Carolina at Chapel Hill, and after a period of service in the U.S. Army, he returned to Chapel Hill for law school, where he was an editor of the Law Review, and graduated in 1958. He began his legal career as an NLRB attorney, and then as in-house labor counsel for Westinghouse Corporation before joining Constangy. During his career, he has been Management Co-Chair of the Fair Labor Standards, Occupational Safety and Health, Equal Employment Opportunity, and Membership and Finance committees of the American Bar Association Labor and Employment Law Section.

Jim is survived by his wife of 70 years, Jean McIntyre, and four children, eight grandchildren, and four great-grandchildren.  

A memorial service for Jim will be held at 2 p.m. Sunday, March 9, at First Presbyterian Church in Hartwell, Georgia. More details are available here.

Jim, you will be greatly missed.