Smith Law Firm, P.C. was established in 1871 when Massena Bullard was licensed to practice law in Montana Territory. In 1892, J. Miller Smith Sr. joined Bullard, and in 1900 when Massena Bullard retired, he took over the practice under the Smith Law Firm name. Over time, Smith’s three sons, Paul, David and J. Miller Jr., and grandson Chad Smith continued the practice. R. J. “Jim” Sewell Jr. joined Paul and Chad in 1971, and Craig D. Charlton joined the Firm in 2003.
For the past 20 years, the Smith Law Firm has served as a steadfast legal ally to the Montana Auto Dealers Association (MTADA), supporting its members across the state. Sewell became MTADA’s General Counsel on Oct. 1, 1994, upon the retirement of Tom Harrison. This partnership is built on a foundation of trust, legal expertise and a shared commitment to strengthening the auto industry in Montana.
R. J. “Jim” Sewell Jr.
R. J. “Jim” Sewell Jr., a Deer Lodge native and fifth-generation Montanan, joined Smith Law Firm, P.C. upon receiving his law degree from the University of Montana in June 1971. He graduated from Carroll College in 1968 and served in the U.S. Navy in 1968-1969. Sewell acquired the Firm in 1992. He began his automobile dealers’ legal work in the late 1970s and has been General Counsel to the MTADA since October 1994. He was elected to the Board of Directors of the National Association of Dealer Counsel (NADC) in April 2015 and served as a Board Member until 2021. The NADC is a nationwide professional organization of attorneys who represents motor vehicle dealers. The NADC provides a forum for members to share information, common experiences and advice on the many issues facing dealers and their counsel today.
Sewell was lead counsel for the dealer in Rocky Mountain Motors, LLC, et al vs. Ford Motor Company, tried to a jury in the First Judicial District Court, Helena in October 2003 and resulted in a verdict in favor of the dealer and against Ford Motor Company in excess of $2 million, the largest plaintiff’s verdict in Lewis and Clark County at the time. The case involved claims of bad faith and refusal to approve a dealer successor.
Sewell became “Of Counsel” to Smith Law Firm, P.C., on Oct. 1, 2015, when Craig D. Charlton acquired the Firm and became the Firm’s managing partner.
Craig D. Charlton
Craig D. Charlton, a Helena native and fourth-generation Montanan, joined Smith Law Firm in 2003, following a clerkship with the Montana Supreme Court. Craig was born and raised in Helena, Montana, and graduated from Capital High School. He then attended Concordia College in Moorhead, Minnesota, graduating magna cum laude with a Bachelor of Arts in Social Studies Education and Political Science. Before entering law school, Craig worked as a staffer for former United States Congressman Rick Hill in Washington, D.C.
Craig received his Juris Doctor degree from the University of Montana School of Law and was admitted to the State Bar of Montana in 2001. After law school, Craig clerked for Montana Supreme Court Justice Jim Rice for two years. He is admitted to practice before the state and Federal Courts of Montana and the Ninth Circuit Court of Appeals. Craig acquired the Smith Law Firm, P.C. from Jim Sewell in October 2015. Charlton has also been a member of the NADC since 2014.
Part of the Smith Law Firm’s practice focuses on the full spectrum of motor vehicle dealer legal matters including dealership and real estate sales and acquisitions, financing, dealership operations issues, factory relations, regulatory issues, dealership succession planning, transfer of ownership, change of management, terminations, litigation, add points, factory audits, finance and insurance and defense of consumer lawsuits. A portion of Craig’s time is also spent lobbying on behalf of MTADA and Montana dealers and protecting the franchise/dealer system in Montana.
The Partnership With MTADA
The partnership between the Smith Law Firm and MTADA has spanned two decades.
A Foundation of Advocacy and Support
MTADA advocates for over 90 franchised auto dealers throughout Montana, representing thousands of employees and supporting Montana’s economy. The Smith Law Firm’s role has been crucial in navigating a complex legal landscape, providing legal representation on regulatory matters and franchise laws that impact dealerships’ day-to-day operations.
From handling compliance with state and federal regulations to offering counsel on business and succession matters, the Smith Law Firm has helped MTADA and its members adapt to changes in the legal and economic landscape, often preempting challenges before they become issues.
Key Achievements Over the Years
Over the past three decades, the Smith Law Firm has represented MTADA and its members in numerous matters, helping to shape a more favorable legal environment for Montana’s auto industry. Notable achievements in this partnership include:
- Protection of Dealer Rights
The Firm has successfully litigated dealer claims against manufacturers to jury verdict as noted above and continues to advocate for legislative reforms that protect Montana’s auto dealers from illegal and unfair practices by manufacturers, ensuring a balanced and fair relationship in dealership contracts. - Protection of Montana Businesses
With Montana’s auto dealerships employing thousands of people across the state of Montana, the Smith Law Firm has provided ongoing guidance to dealerships on the transition of ownership and the succession of dealerships, guiding dealers through add-point disputes, and obtaining fair compensation to mechanics on warranty reimbursement claims. Their legal advice has been instrumental in helping dealerships maintain compliant and efficient workplaces. - Protection of the Franchise Model
Automotive dealers face constant interference from manufactures in the sale of vehicles. Many manufacturers have embarked on a course of conduct injecting themselves into the retail relationship between the dealer and the customer. This interference moves sales of new automobiles from several dealerships around the state to a single seller — the manufacturer. The successful lobbying of the MTADA and Smith Law Firm added statutory language to Montana’s law to prohibit direct sales.
The Smith Law Firm provides quality legal services to our clients through our stability, professional standards and competent attorneys and staff. They are here to serve Montana’s auto dealers. To learn more, please visit smithlawmt.com.
