High Swartz - Attorneys At Law LLP
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Eric B. Smith

Eric Smith


Phone: 610-275-0700

Fax: 610-275-5290

Email: esmith@highswartz.com

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Eric B. Smith is admitted to practice in Pennsylvania and the U.S. District Court for the Eastern District of Pennsylvania. Mr. Smith’s practice focuses on commercial and real estate litigation as well as municipal litigation. Mr. Smith’s commercial litigation practice includes the representation of clients in contract and warranty disputes, disputes under UCC-Sales, construction disputes, mechanics’ liens, Contractor and Subcontractor Payment Act claims and unfair trade practice claims. In 2010 Home Depot U.S.A., Inc. appointed Mr. Smith as its Regional Outside Counsel for the region that includes Pennsylvania, New Jersey, Maryland, Delaware and the District of Columbia. Mr. Smith’s real estate litigation practice includes the defense and prosecution of title claims, adverse possession, easement and boundary disputes, quiet title, reformation, partition, zoning and eminent domain, as well as title agency liability and defense. Mr. Smith has served as a court appointed master-in-partition for the Orphans’ Court Division of the Court of Common Pleas of Montgomery County. Mr. Smith’s municipal practice includes home rule law as well as municipal litigation. Since 2005 he has served as the Solicitor for the City of Reading Charter Board. In 2014 and 2015, Mr. Smith also served as a part-time Solicitor for Montgomery County assisting the Office of the Controller.

Representative clients have included Home Depot U.S.A., Inc., First American Title Insurance Company, Title Industry Assurance Company, RRG, the City of Reading Charter Board and Lower Salford Township Authority. Mr. Smith is regularly retained as local counsel.

Active in the Montgomery Bar Association since 1998, Mr. Smith served as the Association’s President in 2017. Previously he served on the Association’s Board of Directors, Editor-in-Chief of the Montgomery County Law Reporter and Chair of the Young Lawyers Section. Mr. Smith has also served on the Pennsylvania Bar Association’s House of Delegates since 2004. Law and Politics Magazine has selected Mr. Smith to the Pennsylvania Rising Stars listing, for those under 40, from 2005 through 2012, and has selected Mr. Smith to the Pennsylvania Super Lawyers listing in 2013, 2014, 2015, 2016, 2017 and 2018. Since 2007 he has also served as the Judge of Elections for his voting district in Lower Merion Township.

Prior to joining High Swartz LLP, Mr. Smith served as the law clerk to the Honorable Samuel W. Salus, II, of the Montgomery County Court of Common Pleas. Additionally, while attending law school, he served as a Comments Editor for the Dickinson Law Review and as the law clerk to the Honorable Kevin A. Hess of the Cumberland County Court of Common Pleas. At High Swartz LLP, Mr. Smith twice served as a member of the firm’s three attorney management committee.

Areas of Practice

Bar Admissions

  • Pennsylvania, 1998
  • U.S. District Court for the Eastern District of Pennsylvania, 1998


  • The Dickinson School of Law, J.D., 1997, Dickinson Law Review, Comments Editor, 1995-1997
  • Franklin and Marshall College, B.A., 1994

Professional Affiliations & Honors

  • Montgomery Bar Association, President 2017, President-Elect, 2016, Vice President, 2015; Treasurer, 2014; Secretary, 2013; Director, 2006-2008; Member, since 1998
  • Montgomery Bar Association, Unauthorized Practice of Law Committee, Chair/Vice-Chair, 2009 - 2014; Member;
  • Montgomery Bar Association, Executive Committee, 2007, 2013 - present;
  • Montgomery Bar Association, Long Range Planning Committee, Chair, 2011- present;
  • Montgomery Bar Association, Young Lawyers Section, Chair, 2001
  • Montgomery County Law Reporter, Editorial Board, 1999-2001; Editor, 2001; Committee, 2003-2005; Chair, 2005
  • Pennsylvania Bar Association House of Delegates, Zone 9 Delegate, 2004-present
  • Pennsylvania Bar Association, Young Lawyers Division Executive Committee, Zone 9 Co-Chair 2002-2009
  • Pennsylvania Bar Foundation, Lifetime Fellow
  • Montgomery Bar Foundation, Fellow
  • Pennsylvania Super Lawyers, 2013-2018
  • Pennsylvania Rising Stars, 2005-2012
  • Best Lawyers in America, 2017, 2018

Civic & Community Activities

  • Judge of Elections, Lower Merion Twp., District 6-1, 2007-present
  • Greater Norristown Corporation, 2012-present
  • Civics Education Program, East Norriton Middle School, 2011- 2014
  • Norristown Arts Council, Board of Directors, 2011
  • West Conshohocken Zoning Hearing Board, 1999-2003; Chair, 2001-2003

Reported Decisions

  • DeFebo v. Andersen Windows, Inc., 654 F.Supp.2d 285 (U.S.E.D.Pa. 2009)
  • DeFebo v. Andersen Windows, Inc., 2009 WL 4268553 (U.S.E.D.Pa. 2009)
  • Harleysville Homestead, Inc. v. Lower Salford Twp. Auth., 980 A.2d 749 (Pa. Commw. Ct. 2009) affirming 145 Mont.C.L.R. 373 (2008)
  • Mukerji v. City of Reading Charter Review Bd., 941 A.2d 102 (Pa. Commw. Ct. 2008) reversing 83 Pa. D. & C.4th 145, 2007 WL 3215674 (Berks Co.)
  • Ryan v. Lower Merion Twp., 205 F.Supp.2d 434 (U.S.E.D.Pa. 2002)
  • In re Jackaman, 2000 WL 192973, 43 Collier Bky 2d 1218 (U.S.E.D.Pa. Bky 2000)