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Michael Ray Smith

Partner
MSmith@HPindiana.law
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Phone: (317) 964-6000 Ext: 104

3650 N Washington Blvd
Indianapolis, Indiana 46205

Lead Counsel
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Michael R. Smith: Experienced in Business Law and Estate Planning

Michael R. Smith is a seasoned attorney with over three decades of experience in business law, estate planning, and appellate practice. As a partner at Harshman Ponist Smith & Rayl, LLC, Michael has built a reputation for providing comprehensive legal solutions tailored to the unique needs of his clients.

Business Law Expertise

Michael's extensive background in business law makes him a trusted advisor for entrepreneurs and established businesses alike. He specializes in business formation, mergers and acquisitions, contract negotiation, and resolving internal disputes among business owners. His deep understanding of limited liability companies (LLCs) and nonprofit organizations, including 501(c)(3) entities, allows him to offer strategic guidance that ensures compliance and promotes growth.

Michael's approach to business law is proactive and client-focused. He works closely with clients to understand their goals and challenges, providing practical advice that helps them navigate complex legal landscapes. Whether it's drafting airtight contracts or representing clients in business litigation, Michael's expertise ensures that his clients' interests are protected.

Estate Planning Services

In addition to his business law practice, Michael is highly skilled in estate planning. He assists clients in creating comprehensive estate plans that safeguard their assets and provide for their loved ones. His services include drafting wills, establishing trusts, and creating healthcare directives. Michael's meticulous attention to detail ensures that every aspect of his clients' estate plans is thoroughly addressed, providing peace of mind and financial security.

Michael understands that estate planning is a deeply personal process. He takes the time to listen to his clients' wishes and concerns, crafting customized plans that reflect their values and priorities. His compassionate approach and legal acumen make him a trusted advisor for individuals and families planning for the future.

Appellate Practice

Michael's appellate practice is marked by his ability to handle complex legal issues with precision and clarity. He represents clients in both civil and criminal appeals, leveraging his extensive knowledge of appellate law to achieve favorable outcomes. Michael's analytical skills and persuasive advocacy make him a formidable presence in the appellate courts.

Professional Background

Michael's journey in law began after a successful career in chemical engineering. He earned his Bachelor of Engineering in Chemical Engineering from Vanderbilt University and a Master of Science in Chemical Engineering from Purdue University. His transition to law was marked by his graduation summa cum laude from the Indiana University Robert H. McKinney School of Law.

Before joining Harshman Ponist Smith & Rayl, LLC, Michael worked at Eli Lilly and Company, where he gained valuable experience in environmental law, securities, and commercial transactions. His tenure at Lilly also included organizing and leading the company's pro bono program, reflecting his commitment to community service.

Community Involvement and Teaching

Michael is dedicated to giving back to the legal community and beyond. He has served as an adjunct professor at the Indiana University Robert H. McKinney School of Law, where he shares his knowledge and experience with the next generation of lawyers. Additionally, he frequently teaches continuing education courses for attorneys, paralegals, and accountants.

Outside of his professional life, Michael enjoys a variety of recreational activities, including backpacking, fishing, kayaking, gardening, and woodworking with vintage hand tools. His diverse interests and commitment to excellence in all areas of his life make him a well-rounded and respected figure in the legal community.

Sample of Legal Cases Terrault v. Scheere, 200 N.E.3d 490 (Ind. App. 2022).

Contract law. Our client bought at auction a unique prototype of the sculpture designed by Pablo Picasso that stands in Chicago’s Daley Plaza. A misunderstanding led to the sale to our client being later declared void, and the model was sold to another person. The trial court ruled that the sale to our client was valid and awarded him possession. The trial court’s decision was affirmed on appeal.

Rogers v. State, 60 N.E.3d 256 (Ind. Ct. App. 2016)

Criminal defense appeals. During our firm’s deposition of a social worker employed by a nonprofit corporation, the lawyer for the nonprofit instructed the social worker not to answer certain questions based on a privilege between the social worker and a client of the nonprofit. The social worker was not licensed, as is permitted in Indiana for social workers employed by nonprofit organizations. The trial court denied our firm’s motion to compel the social worker to answer the questions, and we appealed. The Court of Appeals reversed the trial court’s decision, holding that there is no privilege in Indiana for unlicensed social workers. Rather than having the social worker answer the questions, the State dismissed the charges against our client.

Speaking Engagements
2024NBI CLE SeminarBusiness Contracts: Drafting and Negotiation
2022IndyBar CLE SeminarNonprofit Tool Kit
2021IndyBar CLE SeminarNegotiating and Drafting Complex Contract Clauses
2020NBI CLE SeminarGetting to Clarity: 25 Tips for Better Agreements
2020IndyBar CLE SeminarSetting Up a 501(c)(3) Organization
2019NBI CLE SeminarUse of LLCs in asset protection and estate planning
2019NBI CLE SeminarTop single member LLC mistakes to avoid
2019NBI CLE SeminarPiercing the LLC veil
2019NBI CLE SeminarIssuing, transferring, and dividing LLC interest
2019Fulton County Bar Association Annual CLE ConferenceAdvising closely held for-profit businesses
2017Hancock County Bar Association Luncheon CLEIndiana Series Limited Liability Companies
2016ISBA Annual MeetingIndiana Series Limited Liability Companies
2016Indiana State Bar Association Solo/Small Firm ConferenceMinority Ownership in Closely Held Companies
2015Solo & Small Firm ConferenceNuts and Bolts of Business Formation
2015NBI CLE SeminarSingle and Multi Member LLC Top Mistakes to Avoid
2015NBI CLE SeminarLLC State Law Update
2015ISBA Annual MeetingWhat’s the Answer? Perspectives from Those Who Negotiate, Litigate & Decide (Panel discussion)
2013National Business Institute Continuing Legal EducationWhat Estate Planners Need to Know about LLC Formation
2011National Business Institute Continuing Legal EducationBusiness Contracts from A to Z
2009IUPUI Solution Center's Nonprofit Solutions Community/Campus PresentationsStrategic Alliances for Nonprofit Organizations
Contact Michael R. Smith

For expert legal advice in business law, estate planning, or appellate matters, contact Michael R. Smith at Harshman Ponist Smith & Rayl, LLC. His dedication to client success and extensive legal expertise make him the ideal choice for individuals and businesses seeking reliable legal representation.

Education

J.D., Indiana University Robert H. McKinney School of Law, 1993
Summa Cum Laude
Note Development Editor, Indiana Law Review

M.S., Purdue University, 1982
Chemical Engineering
Thesis research in technology related to artificial kidneys

B.E., Vanderbilt University, 1978
Summa Cum Laude, Chemical Engineering

Jurisdictions Admitted to Practice Indiana, 1994
U.S. District Court for Southern District of Indiana, 1994
U.S. District Court for Northern District of Indiana, 1994
U.S. Court of Appeals for the D.C. Circuit, 1994
Professional & Bar Association Memberships

Indiana State Bar Association

Indianapolis Bar Association

American Institute of Chemical Engineers