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David Smith


New York, New York

David Smith is an accomplished trial attorney who has thrived in high-stakes litigation across multiple practice areas. As one who refuses to be outworked, outlawyered, or outdone, Mr. Smith is a formidable opponent in the courtroom and an invaluable asset for his clients. Mr. Smith joined the Law Firm of Block O’Toole & Murphy in 2023. In 2005, he graduated cum laude from Hofstra Law School, where he earned several nationally-recognized awards for his written and oral advocacy skills.

Mr. Smith’s vast and diverse legal experience spans both civil and criminal forums. Prior to joining the firm, Mr. Smith worked in private practice at a prominent litigation boutique and in the public sector as both an Assistant District Attorney and later as an Assistant Corporation Counsel in New York City.

While in private practice, Mr. Smith successfully developed and executed litigation strategy and conducted complex trials in both state and federal venues. In this role, Mr. Smith obtained positive results for his clients in a variety of matters, including real estate, business-related and property torts, fraud, and commercial litigation.

From 2005-2014, as an Assistant District Attorney at the Manhattan District Attorney’s Office, Mr. Smith handled the investigation, management, and prosecution of thousands of cases, ranging from lower-level violations to serious felony matters, sex-based offenses, and homicides. In recognition of his superior leadership, work ethic, and investigative and trial skills, Mr. Smith was appointed Criminal Court Supervisor, and made responsible for the oversight and training of junior attorneys, while effectively maintaining a significant caseload. During his tenure as a prosecutor, Mr. Smith gained wide-ranging experience in trials, investigations, examination of both lay and expert witnesses, and presenting forensic computer data, DNA evidence, and medical records.

Most recently, Mr. Smith served as Senior Trial Counsel in the Torts Division of the New York City Law Department, Office of the Corporation Counsel. There he successfully handled the highest exposure trial matters within the Manhattan Tort Unit brought against the City of New York and its employees, including vehicular accidents, work accidents, premises liability, slip and fall, civil rights, and other serious injury matters. Mr. Smith’s advocacy repeatedly led to trial victories and favorable settlements, which earned him multiple division chief awards and promotions.

Mr. Smith has also taught trial advocacy at the Manhattan District Attorney’s Office, the New York City Law Department, the National Institute of Trial Advocacy, and at Hofstra Law School as a Special Professor of Law.

Mr. Smith is a member of the New York and New Jersey Bars. Armed with an impressive resume in both civil and criminal litigation, Mr. Smith is a valuable member of the BOM team. He is dedicated to helping injured clients obtain the results they deserve.

Bar Admissions

  • New York
  • New Jersey


  • Maurice A. Deane School of Law at Hofstra University, Hempstead, New York
    • J.D. – cum laude
  • Ohio Northern University, Ada, Ohio
    • B.A. in Criminal Justice & Spanish, with distinction

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