Our Team

Zelms Erlich & Mack


Brian Smith is a partner in the Los Angeles office of Zelms, Erich Lenkov & Mack. He handles professional liability defense from inception of the claim through trial. Mr. Smith’s practice emphasizes defense of real estate professionals (real estate brokers, property managers, escrow officers, and home inspectors); attorneys in legal malpractice cases; and insurance brokers. Mr. Smith’s cases are in courts throughout California.

Recent achievements for Mr. Smith’s clients include:

  • Summary judgment granted in favor of real estate broker sued for breach of fiduciary duty when acting as dual agent in residential transaction; affirmed on appeal
  • Summary judgment granted in favor of real estate broker sued for breach of residential listing agreement
  • Motion for non-suit granted during trial, resulting in dismissal of real estate broker sued for fraud; affirmed on appeal
  • Anti-Slapp motion granted in favor of attorney sued on multiple causes of action, arising out of representation of the attorney’s own client in partnership dissolution dispute.

In addition to litigation, Mr. Smith advises real estate brokers on risk management and has presented seminars to brokers and their agents on best practices for transactions. In this regard, he also drafts transactional documents.

Mr. Smith is a graduate of the University of Notre Dame, with a Bachelor of Arts in Government and Spanish. He also graduated from Southwestern University School of Law School, where he was a recipient of the CALI Excellence for Future Award in Environmental Justice.

Mr. Smith is a member of the San Fernando Valley Bar Association. He enjoys swimming, hiking, and traveling.