An official website of the United States government Here's how you know

Passion for Litigating

By Jane LeeNovember 20, 2024

Passion for Litigating
1 / 3 Show Caption + Hide Caption – U.S. Army Legal Services Agency (USALSA) Bid Protests Chief Andrew Smith takes part in a panel discussion during the Contract and Fiscal Law New Developments Course at The Judge Advocate General's Legal Center and School. (Photo Credit: Billie Suttles) VIEW ORIGINAL
Passion for Litigating
2 / 3 Show Caption + Hide Caption – Contracts specialists take part in a Bid Protest Panel discussion during the Contract and Fiscal Law New Developments Course at The Judge Advocate General's Legal Center and School. (Photo Credit: Billie Suttles) VIEW ORIGINAL
Passion for Litigating
3 / 3 Show Caption + Hide Caption – U.S. Army Legal Services Agency (USALSA) Bid Protests Chief Andrew Smith takes part in a panel discussion during the Contract and Fiscal Law New Developments Course at The Judge Advocate General's Legal Center and School. (Photo Credit: Billie Suttles) VIEW ORIGINAL

CHARLOTTESVILLE, Va. – “My proudest professional accomplishment has been serving my country in a combat zone while on active duty in Afghanistan and Kuwait,” said U.S. Army Legal Services Agency (USALSA) Bid Protests Chief Andrew Smith. “In Kuwait, we were in charge of opening a theater logistics center in the vicinity of Camp Doha, and also acting as the “mayor” of Camp Arifjan.

“I remember having Patriot missiles intercept Iraqi scuds over my head while I was in MOPP-IV (Mission Oriented Protective Posture) gear huddled in a metal container in Doha. Deployments are difficult, especially being separated from my wife Karolina and my children Klara, Roman, and Henry while facing unknown dangers.”

Despite the fraught conditions, Smith was proud to advise commanders by offering practical solutions to complicated legal matters. “In Afghanistan, I worked with attorneys and paralegals from the Army, Navy, and Air Force in a joint legal office; and with allies from other nations, such as the United Kingdom, Australia, Germany, and France. I also worked closely with host nation partners to establish better conditions for peace and the rule of law,” explained Smith. “It was very meaningful to be part of such a diverse group of professionals striving together for a common purpose, and difficult to replicate in a peacetime setting.”

Nowadays, the former judge advocate can be found litigating protests filed against a multitude of Army and Department of Defense (DOD) agencies at the Government Accountability Office (GAO). “It is very fulfilling to defend the procurement decisions of the U.S. Army as the U.S. Army defends our country. Perhaps the best part of the job is mentoring and teaching a new generation of Army contract litigators, both in uniform and civilian.”

To that end, you can often find the USALSA Contract Litigation and Intellectual Property Division (KLIP) attorney sharing his expertise with The Judge Advocate General’s Legal Center and School. The retired lieutenant colonel is a repeat lecturer at the New Developments Course each fall. “The JAG Corps is blessed with stellar attorneys who quickly master the nuances of contract litigation.”

Smith hails from a family with a long history of military service. “My father was a colonel in the U.S. Air Force who served for over 25 years. He passed away in 2023 and had the honor of being interred at Arlington National Cemetery,” said Smith. “I have three brothers, and we all joined the Army as officers through ROTC (Reserve Officers’ Training Corps). Upon graduation [from Santa Clara University] I was commissioned as a second lieutenant in the Transportation Corps, and ultimately became a judge advocate through the Army’s Funded Legal Education Program (FLEP).

“I went to the College of William & Mary, which is a popular law school for FLEP students. The opportunity to become a judge advocate was a dream come true for me. My son Roman has continued the family tradition and is an Army ROTC cadet at Catholic University.”

Joining the Army and becoming a JAG was never in question. What is surprising is how the criminal law aficionado ended up specializing in contract litigation. “After I graduated from William & Mary, my main career goal was to become a trial counsel. I grew up loving shows like Law & Order and movies like A Few Good Men, and I thought that military justice was the most compelling area of law,” said Smith. “I was assigned to Fort Lewis, and I had the opportunity to work in some capacity on some very high-profile cases, including a capital murder trial.

“While I enjoyed [practicing] criminal law with some outstanding attorneys, representing both the government and the accused … I realized that [it] took a significant toll on me personally. It was very difficult emotionally contending with the tragic consequences of crime. Also, at the time there were few opportunities for a major to continue litigating cases in military justice and I was interested in litigating.”

To continue fighting the good fight in the courtroom, Smith turned to another area of law. “I was attracted to contract litigation, where you get the thrill of the adversary process and high-stakes litigation, but none of the messiness of criminal cases,” explained Smith. “There were also opportunities for majors and lieutenant colonels to litigate contract cases at KLIP.”

What started as a means to stay in the courtroom, has turned into a lifelong passion, even after retirement from active duty. “The draw of contract litigation is that there is not a typical day. Each day there are new protests and appeals, that raise different legal and factual matters,” said Smith. “A key question in litigation is always ‘Who else needs to know?’ Thus, much of my time is spent building consensus between different stakeholders on the right approach to litigation, to ensure everyone is on the same page. This is not easy, but it is a meaningful experience.”