Krieg DeVault LLP

Donald J. Smith

Partner
Office: Indianapolis
dsmith@kdlegal.com
p: 317-238-6231
f: 317-636-1507

Download PDF print vcard Linkedin Share
  • LinkedIn
  • Twitter
  • Facebook
Overview
Toggle Button Open

Don Smith is a Partner in Krieg DeVault's Real Estate and Environmental Practice. Mr. Smith represents his real estate clients — local and national — in all aspects of real estate development, handling projects from “dirt to disposition.” He has also represented both tenants and landlords in commercial leasing transactions and litigation. Additionally, Don represents lenders on construction and permanent real estate financing as well as commercial lending.

Don acts as outside general counsel for many of his small business clients, advising them on all legal aspects of their businesses, including succession and estate planning.

Don is a graduate of North Central High School and Indiana University. He returned to Indianapolis after graduating cum laude from the Cleveland-Marshall College of Law at Cleveland State University in 2003 where he was an Executive Editor of the Cleveland State Law Review.

Experience
Toggle Button Open

Professional Associations

  • Member, American Bar Association
  • Member, Indiana State Bar Association
  • Member, Indianapolis Bar Association
  • Member, International Council of Shopping Centers

Civic Involvement

  • Former Board of Directors, Indianapolis Symphonic Choir

Awards & Recognitions

  • Martindale-Hubbell AV Preeminent® Peer Review Rating Legal Ability & Ethical Standards 2019 – present
  • Super Lawyers® Rising Star, 2014
  • U.S. News Best Lawyers in America: Real Estate Law, 2022
Credentials
Toggle Button Open

Education

  • J.D., cum laude, Cleveland State University, Cleveland-Marshall College of Law, 2003
  • B.A. in History & Political Science (double major), Indiana University, College of Arts and Sciences, 1995

Bar & Court Admissions

  • Indiana, 2003
Practices & Industries
Toggle Button Open

Practices

  • Real Estate Services
  • Tax
  • Business Services
  • Financial Services
  • Artificial Intelligence (AI)

Industries

  • Real Estate
Beyond the Office
Toggle Button Open
Golf icon

Golf

Cooking icon

Cooking

Travel icon

Travel

Insights
Toggle Button Open

Real Estate

Who Will Control the Future of Alternative Energy Projects in the State of Indiana?

February 19, 2025

Firm News and Events

Partner Tammy K. Haney Joins the Board of Directors of OneZone Chamber of Commerce

July 10, 2024

Firm News and Events

Senior Associate Alex Bowman Selected as a Michiana Forty under 40 Award Recipient

April 16, 2024

Financial Services

U.S. Treasury Issues Report on Artificial Intelligence on Specific Cybersecurity Risks in the Financial Services Sector

April 4, 2024

Estate Planning & Personal Services

Putting the PURPOSE in a Trust: Using a Purpose Trust in a Business Succession Plan

February 27, 2024

Business

Impact of AI in the M & A Sector: Key Advantages, Challenges, and Considerations

February 23, 2024

Real Estate

New Indiana Wetlands Law Impact on Developers

February 19, 2024

Firm News and Events

Todd G. Relue Joins Krieg DeVault's Real Estate and Environmental Practice

February 5, 2024

Firm News and Events

Marija Nicksic Joins Krieg DeVault’s Commercial Real Estate and Lending Practice

December 20, 2023

Artificial Intelligence (AI)

Executive Order on Artificial Intelligence and its Implications for Employers

December 7, 2023

Firm News and Events

Steven M. Sherman Joins Krieg DeVault’s Real Estate and Environmental Practice; will Focus in the Areas of Energy and Public Utilities

November 30, 2023

Secured Lender

President Biden Issues Executive Order on Artificial Intelligence

November 2, 2023

Secured Lender

Secured Lender: Second Circuit Court Affirms Syndicated Loans are [STILL] Not Securities

September 6, 2023

Business

Is Your Business Ready? Preparing for and Complying with the Corporate Transparency Act

August 31, 2023

Firm News and Events

Frank A. Hoffman Joins Krieg DeVault’s Public Finance and Municipal Practice

July 31, 2023

Firm News and Events

Michael D. Zaradich Joins Krieg DeVault's Commercial & Real Estate Lending Practice

June 1, 2023

Real Estate

Commercial Leasing Series: Top 10 Commercial Leasing Issues You Should Know Before Signing Your Lease!

March 30, 2023

Real Estate

Three Minute Update - Positioning for the Future: Non-Profits and Real Estate

January 10, 2023

Firm News and Events

John B. Baxter Named Chair of Krieg DeVault’s Commercial and Real Estate Lending Practice 

January 1, 2023

Firm News and Events

Krieg DeVault Announces 2023 Partner Promotions of Sarah E. Jones, Micah J. Nichols, and Ann Marie Woolwine

January 1, 2023

Firm News and Events

Krieg DeVault Expands Real Estate and Environmental Practice

September 27, 2022

Firm News and Events

13 Krieg DeVault Attorneys Recognized by 2023 Best Lawyers®; 7 Named to the 2023 Best Lawyers in America® Listing; 1 Receives “Lawyer of the Year” Designation; 6 Receive “Ones to Watch” Designation

August 18, 2022

Firm News and Events

Krieg DeVault Partners John B. Baxter and Robert A. Greising Named to Chambers USA 2022 List; Firm Named to Chambers USA 2022 List for Real Estate 

June 22, 2022

Firm News and Events

Krieg DeVault Adds Two New Associates; Alexandra E. Wilson and Joel E. Haas

October 1, 2021

Thought Leadership

Alex Bowman Joins Krieg DeVault’s Real Estate and Environmental Practice

August 2, 2021

Secured Lender

Commercial Real Estate and Tenant Estoppel Certificates: Enforcement by Illinois Courts

July 16, 2021

Firm News and Events

Matthew D. Malcolm Joins Krieg DeVault’s Growing Real Estate Practice Group

July 8, 2021

Real Estate

Planning Considerations for IRC Section 1031 Exchanges

March 24, 2021

Real Estate

Ten Important Tools to Manage Environmental Risks in Real Estate Transactions [INFOGRAPHIC]

March 16, 2021

Real Estate

Triple Net - A Series on Commercial Leasing by Krieg DeVault: Breaking Down the Three Main Types of Leases

February 25, 2021

Real Estate

Changes to the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys Effective February 23, 2021

February 10, 2021

Real Estate

Triple Net - A Series on Commercial Leasing by Krieg DeVault: Tenant Considerations for Letters of Intent

February 8, 2021

Real Estate

Changes to the Indiana Sales Disclosure Form Effective January 1, 2021

December 28, 2020

Real Estate

Section 1031 Exchanges: Final Regulations Issued for Definition of Real Property

December 17, 2020

Real Estate

New Change to the Indiana Code Requires Additional Signature by Witness on All Recorded Documents

June 24, 2020

Real Estate

Force Majeure Considerations for Commercial Leases in Indiana

May 14, 2020

Real Estate

CARES Act Provides 100% Bonus Depreciation for Qualified Improvement Property

April 14, 2020

Real Estate

IRS Extends 1031 Exchange Deadlines in Response to COVID-19 Pandemic

April 12, 2020

Real Estate

COVID-19 Issues for Commercial Landlords

April 6, 2020

Real Estate

The CARES Act: Issues for Real Estate

March 26, 2020

Health Care

Medicaid Presumptive Eligibility Moves to Fee-For-Service

December 17, 2018

Health Care

Expanded Medicaid Treatment Options for Individuals with Substance Use Disorder and Serious Mental Illness

December 17, 2018

Health Care

CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs

December 12, 2018

Health Care

US Department of Justice Announces Changes to Corporate Investigation Protocol

December 12, 2018

Construction

Indiana Construction Law Podcast Series with Blake Holler and Chris Bloomer

Krieg DeVault Podcast Series

New FTC Regulation of Non-compete Agreements with Elizabeth Roberson and Scott Morrisson (Podcast)

May 9, 2024

Krieg DeVault Podcast Series

Indiana Construction Law: Lien Rights, Deadlines, and Defenses - Mechanic’s Liens, Part 2 (Podcast)

April 18, 2024

Krieg DeVault Podcast Series

Introduction to Indiana Construction Law - Mechanic’s Liens, Part 1 (Podcast)

February 6, 2024

Litigation

Owners / GCs / Subs / Suppliers / Lessors – Check Your Contracts. Court of Appeals Decision Highlights Challenges when Dispute Resolution Process Varies

August 25, 2022

Litigation

Indiana Supreme Court Rejects Longstanding Rule Prohibiting Supplier-to-Supplier Lien Rights

June 7, 2022

Litigation

Court Bulldozes Indiana Contract Provision Requiring Florida Litigation

August 9, 2021

Construction

Preserving (or Defeating) Mechanic's Lien Rights Amid COVID-19

July 22, 2020

Construction

COVID-19: What Every Construction Owner and Entity Should Do Right Now

March 26, 2020

Municipal

Indiana's "Little Miller Act" Alleviates Concern that Public Works Projects Remain Immune to Mechanic's Liens

November 5, 2019

Construction

Indiana's "Little Miller Act" Alleviates Concern that Public Works Projects Remain Immune to Mechanic's Liens

November 5, 2019

Thought Leadership

Mechanic's Liens Remain Unavailable to Certain Construction Suppliers

June 23, 2019

Thought Leadership

AIA form documents offer predictability, cost-savings to contractors and subcontractors

February 6, 2019

Secured Lender

AVOID THIS SHORTCUT DESPITE THE TEMPTATION

May 14, 2025

Firm News and Events

Krieg DeVault Announces 9 Attorneys as 2025 Indiana Super Lawyers; 12 as 2025 Indiana Rising Stars

February 18, 2025

Thought Leadership

Recently Reported Court Cases Affecting Secured Lenders

December 2, 2024

Firm News and Events

Partner Sarah E. Jones Elected to Serve on the Board of Directors of the Association for Corporate Growth Indiana 

May 24, 2024

Firm News and Events

Krieg DeVault Announces 8 Attorneys as 2024 Indiana Super Lawyers; 9 as 2024 Indiana Rising Stars

February 28, 2024

Firm News and Events

Matthew W. Schramm Joins Krieg DeVault’s Real Estate Practice

December 20, 2023

Firm News and Events

Krieg DeVault Adds Associates Chloe Craft, Jacob O’Donnell, and Caleb Perez

October 11, 2023

Secured Lender

LIBOR Transition in the Final Weeks

May 16, 2023

Firm News and Events

Susan P. Wedemeyer Joins Krieg DeVault's Commercial and Real Estate Lending Practice

April 19, 2023

Firm News and Events

Known By the Successful Company We Keep® - Krieg DeVault Issues Annual Ad Showcasing Transactions from Many of Our Valued and Successful Clients

January 30, 2023

Secured Lender

FinCEN Issues Final Rule for Beneficial Ownership Reporting to Support Law Enforcement Efforts, Counter Illicit Finance, and Increase Transparency

November 8, 2022

Firm News and Events

Krieg DeVault Adds Associates Andrew N. Warner, Katelyn E. Doering, Alexus D. Lucas, and Michael J. Moser

November 1, 2022

Firm News and Events

Krieg DeVault Expands Chicago Office with Financial Services Partners Laurie A. Martin Montplaisir and Parker E. Lawton

October 17, 2022

Firm News and Events

Patrick Fagan Joins Krieg DeVault’s Commercial and Real Estate Lending Practice

February 28, 2022

Firm News and Events

Krieg DeVault Announces 13 Attorneys as 2022 Indiana Super Lawyers; 6 as 2022 Indiana Rising Stars

February 24, 2022

Firm News and Events

Julie A. Johnsten and Crystal L. Stallworth Join Krieg DeVault as Paralegals

February 1, 2022

Firm News and Events

Partner C. Daniel Motsinger Named a 2022 Illinois Super Lawyer; Alexander E. Porter Named a 2022 Illinois Super Lawyers Rising Star

January 31, 2022

Secured Lender

Indiana Senate Bill Would Replace LIBOR When Necessary

January 28, 2022

Secured Lender

A Bankruptcy Court Weighs In: Do Force Majeure Clauses Excuse Commercial Tenants from Paying Rent?

June 23, 2020

Secured Lender

Eviction and Foreclosure Moratoriums Extended to August 31, 2020 for Federally-Backed Mortgages

June 17, 2020

Thought Leadership

Fed's Main Street Lending Program Expanded

June 9, 2020

Firm News and Events

David A. Adams Named Chair of Krieg DeVault's Real Estate and Environmental Practice Group

May 31, 2020

Secured Lender

Federal Reserve Announces the Main Street Lending Program

April 16, 2020

Secured Lender

Important Updates On PPP Loans - Recent SBA Guidance

April 9, 2020

Secured Lender

Indiana Expedites Implementation of Remote Notary Statute - Part I

March 29, 2020

Financial Services

The CARES Act: Flexibility for Lenders

March 26, 2020

Firm News and Events

Real Estate Partner David Adams shares his insights with Midwest Real Estate News regarding the Indianapolis' commercial real estate market

January 16, 2020

Thought Leadership

Finding Elements of Adverse Possession Unmet, Record Owner Awarded Real Estate

October 30, 2019

Firm News and Events

Julie A. Carpenter Selected for "Professionalism Award" from the IBA

October 14, 2019

Firm News and Events

Seventh Circuit Confirms that under Illinois law, Reference in Financing Statement to Parties' Security Agreement is Sufficient to Perfect Secured Creditor's Lien on Debtor's Collateral Described in Security Agreement

September 29, 2019

Firm News and Events

Krieg DeVault Authors Indiana Chapter of The Secured Finance Network Compendium of Secured Finance Law

September 25, 2019

Firm News and Events

Krieg DeVault's Real Estate Practice Once Again Named to Midwest Real Estate News' 2019 "Best of the Best" List

September 25, 2019

Firm News and Events

Eight Attorneys Named to 2020 Best Lawyers in America Listing

August 14, 2019

Firm News and Events

David A. Adams Joins Krieg DeVault's Real Estate and Commercial and Real Estate Lending Practice Groups

March 18, 2019

Firm News and Events

Julia A. Carpenter Named Chair of Krieg DeVault's Commercial and Real Estate Lending Practice

February 17, 2019

Thought Leadership

AIA form documents offer predictability, cost-savings to contractors and subcontractors

February 6, 2019

Firm News and Events

Tammy K. Haney Joins Krieg DeVault's Real Estate Practice Group

February 5, 2019

Thought Leadership

Indiana Court Of Appeals Holds That Title Insurers Are Not Liable For Negligent Misrepresentation

January 28, 2019

Firm News and Events

Krieg DeVault Announces 2019 Senior Associate Promotions

January 10, 2019

Firm News and Events

Krieg DeVault Welcomes Three New Associates - Alexandria M. Foster, Scott C. Frissell, and Ben Vandeventer

October 22, 2018

Firm News and Events

10 Krieg DeVault Attorneys Named to 2019 Best Lawyers in America Listing

August 14, 2018

Firm News and Events

Partner Julia A. Carpenter Named Krieg DeVault's Chief Diversity Officer

July 8, 2018

Firm News and Events

Krieg DeVault Partners John B. Baxter and Robert A. Greising Named to Chambers USA 2018 List

May 10, 2018

Thought Leadership

Court Determines Debtor's Correct Name on Driver's License for UCC-1 Financing Statement

March 5, 2018

See LessSee All

  • Overview
  • Experience
  • Credentials
  • Practices & Industries

Don Smith is a Partner in Krieg DeVault's Real Estate and Environmental Practice. Mr. Smith represents his real estate clients — local and national — in all aspects of real estate development, handling projects from “dirt to disposition.” He has also represented both tenants and landlords in commercial leasing transactions and litigation. Additionally, Don represents lenders on construction and permanent real estate financing as well as commercial lending.

Don acts as outside general counsel for many of his small business clients, advising them on all legal aspects of their businesses, including succession and estate planning.

Don is a graduate of North Central High School and Indiana University. He returned to Indianapolis after graduating cum laude from the Cleveland-Marshall College of Law at Cleveland State University in 2003 where he was an Executive Editor of the Cleveland State Law Review.

Professional Associations

  • Member, American Bar Association
  • Member, Indiana State Bar Association
  • Member, Indianapolis Bar Association
  • Member, International Council of Shopping Centers

Civic Involvement

  • Former Board of Directors, Indianapolis Symphonic Choir

Awards & Recognitions

  • Martindale-Hubbell AV Preeminent® Peer Review Rating Legal Ability & Ethical Standards 2019 – present
  • Super Lawyers® Rising Star, 2014
  • U.S. News Best Lawyers in America: Real Estate Law, 2022

Education

  • J.D., cum laude, Cleveland State University, Cleveland-Marshall College of Law, 2003
  • B.A. in History & Political Science (double major), Indiana University, College of Arts and Sciences, 1995

Bar & Court Admissions

  • Indiana, 2003

Practices

  • Real Estate Services
  • Tax
  • Business Services
  • Financial Services
  • Artificial Intelligence (AI)

Industries

  • Real Estate

Beyond the Office

Golf icon

Golf

Cooking icon

Cooking

Travel icon

Travel

 

© 2025 Krieg DeVault LLP. All Rights Reserved.