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Tracey Clemmons Smith


Tracey SmithTracey Clemmons Smith is an experienced litigator that will work with you or your company to protect the interests that are most valuable while providing effective legal assistance. She joined the firm in April 2007 and has over 15 years serving clients and obtaining results that protect their family or business. Representing clients at all stages of litigation from the intake process to the conclusion of the case, Ms. Smith will execute a plan to protect the client’s interests in an efficient yet effective manner. She specializes in the following practices: Family Law, Transportation, and Insurance Defense/Bad Faith and Coverage.

Ms. Smith’s Family Law practice revolves around protecting your family’s future. Sometimes the end result may be achieved by mediation between the parties and you will not see the courtroom. Other times, it is necessary to have an aggressive litigator to protect you inside Kentucky’s legal system. Ms. Smith will provide you with all the tools you need to understand and make informed decisions. These cases are personal and will impact every aspect of your life which is why she will team with you to assist. Ms. Smith will listen and understand your needs while working hard to achieve your goals for the future.

Transportation and Insurance cases also need a strong litigator. Ms. Smith’s representation takes on the company’s goals and how best to meet the needs of the company. She prides herself in working aggressively to obtain the best possible result for the client which may be an early mediation and other times an aggressive fight through trial. She has trained extensively under the Federal Motor Carrier Safety Regulations and understands the trucking industry’s compliance obligations. Ms. Smith is also trained to participate in DOT audits and how to prepare the company for an audit after an accident. Ms. Smith takes pride in representing the driver so that he/she may continue with their career in the transportation industry.

Ms. Smith also practices in the areas of bad faith insurance defense and coverage disputes. She represents insurance companies in the defense of the handling of the underlying claims under common law and the UCSPA. She is trained in reviewing the company’s files and working in complex discovery disputes that involve a battle to protect the client’s proprietary interests, confidentiality of their day-to-day business operations and attorney-client privileged information. Ms. Smith also works closely with insurance companies to research policy exclusions, policy language, and other pertinent documents to provide coverage opinions and litigate the findings to the Court.

Ms. Smith’s career highlights include trying a multi-million dollar wrongful death transportation case that concluded in a defense verdict and arguing before the Kentucky Supreme Court. Ms. Smith is lead counsel in the pending Kentucky Supreme Court case of Countryway v. United Financial Casualty Company. This case is postured to result in a bright line rule for the application of competing UIM excess clauses.

Past Affiliations

  • Starnes & Atchison, Birmingham, AL – Litigation Associate, 2000-2002
  • Frost Brown Todd, LLC, Louisville, KY – Senior Litigation Associate, 2002-2007

Professional Affiliations

  • Defense Research Institute, Member
  • Claims & Litigation Management Alliance, Member

Practice Areas

  • Litigation
  • Family Law
  • Insurance Coverage and Bad Faith
  • Trucking and Commercial Transportation


  • Western Kentucky University BA, 1997 Cum laude
  • Samford University, Cumberland School of Law JD, 2000 Summa cum laude

Bar Memberships

  • American Bar Association
  • Kentucky Bar Association
  • Louisville Bar Association
  • Alabama Bar Association


  • State and Federal Courts of Kentucky
  • State and Federal Courts of Alabama
  • United States Court of Appeals for Fifth Circuit
  • United States Court of Appeals for Sixth Circuit
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