Of Counsel   •   James Stewart

James W. Stewart, Of Counsel


James W. Stewart is recognized by his legal peers as a pre-eminent employment lawyer in both employment law counseling and litigation. Mr. Stewart has practiced law since 1983. He joined Smith Hartvigsen in 2015, having formerly worked as a partner and of counsel for the large Salt Lake City law firms of Jones Waldo & Ballard Spahr. He has also litigated hundreds of general commercial law cases, practiced business transactional law (forming businesses, conducting transactions, and drafting contracts), lobbied for many clients before the Utah State legislature, and has expanded his law practice to include family law and wills/trusts.

Practice Areas

  • Employment and Labor Law
  • Business Formation, Transactions, and Contracts
  • Commercial Litigation
  • Family Law
  • Will and Trusts

Professional Affiliations

  • 1983-2015 - Utah State Courts and Utah Supreme Court
  • 1983-2015 - United States District Court of Utah
  • 1983-2015 - United States Tenth Circuit Court of Appeals
  • Member American Inns of Court, Sutherland Inn I, Founding Inn
  • Active, Master of the Bench, Aldon J. Anderson Inn of Court
  • Former President, Utah Lawyers for the Arts
  • Former Director of Employment Continuing Legal Education, Utah State Bar, Employment Law Section
  • Member, Utah State Bar Employment Law, Litigation and Family Law Sections


  • Juris Doctorate, Brigham Young University, 1981
  • Master of Business Administration, Brigham Young University, 1981
  • Bachelor of Arts, Brigham Young University, 1975

Publications & Presentations

  • 2015, The Rules of Evidence: A Practical Toolkit, National Business Institute, Chapter II—“Admission/Exclusion of Unique Evidence;” and Chapter VI—“Keeping Evidence Out (Pre and Post Trial).”
  • 2015, Employment Law 2015: Comprehensive Guide, National Business Institute. Chapter II-“How to Write Effective Handbooks,” and Chapter IV—“Avoiding Wage and Hour Violations.”
  • 2014, Employment Litigation From Start to Finish, National Business Institute. Chapter III—“Initial Pleadings and Filings,” and Chapter VI—“Pre-Trial Order and Trial.”
  • 2013, Advanced Employment Law Seminar. Chapter II—“Creating Fair Labor Standard Act (FLSA) Compliance Strategies That Work, “ and Chapter IV—“Discipline and Termination.”
  • Numerous other publications regarding litigation and employment law topics published from 1985 to the Present, primarily for the national legal publishers National Business Institute, Lorman Publications and the Sterling Education Systems, with most publications focusing on employment law topics.
  • BYU Law Review, 1980, No. 4, “Executive Orders—Executive Use of the Federal Procurement Act to Require Federal Contractors to Comply with Wage and Price Guidelines.”
  • Presentation Seminars for all the “REPRESENTATIVE PUBLICATIONS LISTED ABOVE” which would include approximately 100 employment law topic presentations to for the national seminar and webinar companies National Business Institute, Lorman Education Systems, and Sterling Education Systems.
  • Formerly taught for many years the Employment Law portion of the Human Resources Class for the University of Utah Executive MBA Program.
  • Formerly taught the Art Contracts annual class for the University of Utah Executive MBA Program.

Awards & Distinctions

  • AV Rating, Martindale Hubbell
  • 2004-Present, Utah Business Magazine, Utah Legal Elite, Labor and Employment Law
  • Recognized in Chambers USA in Labor and Employment
  • Editor, Utah Labor and Employment Letter, 2000-2004.
  • Former President, BYU Debate Team
  • Member of BYU Law Review
  • BYU Law Review Board of Editors, Note & Comment Editor
  • 1981-1982 Law Clerk to Judge Stephanie Seymour, Tenth Circuit Court of Appeals
  • Law Clerk, United States Senate Judiciary Committee, 1979