Benjamin Melford Smith III

Benjamin Melford Smith III

Location: Manassas, Virginia
Phone: 703-361-0776
Fax: 703-361-9531
Email: Email Me

Ben is a partner in the Firm and has over 30 years of courtroom litigation experience.  He represents individuals in a wide variety of civil litigation matters; including, Divorce and other Family Law Matters such as Equitable Distribution, Child Custody and Visitation Matters, and Spousal Support and Child Support Matters; Personal Injury Claims, including Wrongful Death, Motor Vehicle Accidents, Premises Liability, Dog Bites, intentional Torts, Assaults, Slip and Fall Accidents and Medical Malpractice Claims; Real Estate Litigation, including claims arising from the breach of Real Estate Contracts, and Landlord-Tenant matters; Legal Malpractice Claims; Commercial Litigation, and other Civil Litigation matters.

Ben is a very knowledgeable and aggressive advocate who is well known by the attorneys and judges throughout Northern Virginia for his zealous representation and as one who is always prepared and strives to achieve the best possible outcome for his clients, whether through negotiation and settlement or through the trial to verdict and judgment.

Ben began his legal career in 1991, and for the first six years of his legal career defended individuals on behalf of a variety of insurance companies in the defense of personal injury claims. Since that time, Ben has utilized the knowledge he obtained working for the insurance companies to the advantage of families who have tragically lost a loved one in a car accident or on behalf of those injured through the negligence of others. Ben has successfully handled hundreds of personal injury and automobile accident cases to the satisfaction of his clients.

Ben’s family law practice is wide and varied; from routine uncontested divorce cases to complex fault based divorces, equitable distribution of significant marital estates involving business and real property valuations, the pursuit and defense of spousal support, long, complex child custody issues involving parent relocation and third-party/grandparent custody/visitation matters. While separation and divorce are very stressful and uncertain times for the parties, Ben instills the guidance and confidence needed for his clients in such trying times.

Ben has also represented many clients who have suffered financial loss as a result of lawyers who have negligently represented their clients.

Ben is a member of the Virginia State Bar and Family Law Section, The Virginia Trial Lawyers Association and Family Law Section, The Fairfax County Bar Association and Family Law Section, a former member of the Fairfax County Bar Association Circuit Court Committee, and The Prince William County Bar Association and Family Law Section.

Areas of Practice

Family Law
Personal Injury Law
Real Estate Litigation
Commercial and other civil litigation

Litigation Percentage

100% of Practice Devoted to Litigation

Bar Admissions

Virginia, 1991
U.S. District Court Eastern District of Virginia, 1994
U.S. Bankruptcy Court Eastern District of Virginia, 1991


University of Toledo College of Law, Toledo, Ohio
J.D. – 1991
Honors: American Jurisprudence Award for Excellent Achievement in the Study of Torts
Wake Forest University, Babcock Graduate School of Management, Winston-Salem, North Carolina
M.B.A. – 1988
Major: Business Administration
West Virginia University Morgantown, Morgantown, West Virginia
B.S. – 1986
Major: Business Administration, Security Markets and Investments

Published Works

“To What Extent is an Insurance Company’s Investigative File Discoverable?”, Journal of Civil Litigation, Vol. VIII No.4, 1996

Representative Cases

Rinaldi v. Dumsick, 32 Va. App. 330, 528 S.E.2d 143 (Court of Appeals Virginia 2000)
Concannon v. Gladstone, 2007 Va. App. Lexis 192 (Court of Appeals Virginia 2007)

Honors and Awards

Rated AV – Preeminent by Martindale-Hubbell
American Jurisprudence Award for Excellence in the study of Tort Law

Professional Associations and Memberships

Fairfax County Bar Association, 1991 – Present
Prince William County Bar Association, 2007 – Present

Past Employment Positions

The Duff Law Firm, Principal, 1998 – 2007
Brault, Palmer, Grove, Zimmerman, White & Mims, Associate, 1991 – 1998


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