fbpx

A Division of Smith, Welch, Webb & White, LLC

Frank M. Gaither, Jr.

Associate

770-957-3937 MAIN | 770-957-9164 FAX

FGAITHER@SMITHWELCHLAW.COM

Practice Areas
Education Law
Government/Public Sector
Insurance Defense
Civil Litigation Personal Injury

Law School: Boston College Law School, JD 1998
Undergraduate: Georgia State University, Bachelor’s of Interdisciplinary Studies 1995

Reported Cases
Georgia Supreme Court
  • Arguments and opening statement
Moore v. State, 278 Ga. 397 (2004) 
  • Evidence
Harris v. State, 279 Ga. 304 (2005) Odom v. State, 279 Ga. 599 (2005) Weldon v. State, 279 Ga. 185 (2005) Wallace v. State, 279 Ga. 26 (2005) Riggins v. State, 279 Ga. 407 (2005) Flanders v. State, 279 Ga. 35 (2005) Ross v. State, 279 Ga. 365 (2005) Zellers v. State, 278 Ga. 481 (2004) Dyer v. State, 278 Ga. 656 (2004) Anderson v. State, 278 Ga. 421 (2004) Jackson v. State, 277 Ga. 592 (2004) Welbon v. State, 278 Ga. 312 (2004) Skaggs v. State, 278 Ga. 19 (2004) Mickens v. State, 277 Ga. 627 (2004) Wyman v. State, 278 Ga. 339 (2004) Little v. State, 278 Ga. 425 (2004) Hancock v. State,  277 Ga. 835 (2004) Carero v. State, 277 Ga. 867 (2004) 
  • Confession
Pittman v. State, 277 Ga. 475 (2004) 
  • Due process
Sellers v. State, 277 Ga. 172 (2003) 
  • Identification
Escobar v. State, 279 Ga. 727 (2005) Georgia Court of Appeals 
  • Administrative practice – Judicial Review
Dowdell v. Fitzbibbon, 335 Ga. App. 37 (2015) 
  • DUI
Swain v. State, 251 Ga. App. 110 (2001) 
  • Ineffective Assistance of counsel
Thornton v. State, 279 Ga. 676 (2005) Jones v. State, 278 Ga. 880 (2005) Lucas v. State, 279 Ga. 175 (2005)  Morgan v. State, 279 Ga. 6 (2005) Cooper v. State, 279 Ga. 189 (2005) Bales v. State, 277 Ga. 713 (2004) Harden v. State, 278 Ga. 40 (2004) Bates v. State, 277 Ga. 771 (2004) Hannah v. State, 278 Ga. 195 (2004) Domingues v. State, 277 Ga. 373 (2003) Williams v. State, 277 Ga. 368 (2003) 
  • Jury
Porter v. State, 278 Ga. 694 
  • Peremptory strike
Roberts v. State, 278 Ga. 541 (2004) Rakestrau v. State, 278 Ga. 872 (2005) 
  • Post-incision autopsy photographs
Miller v. State, 277 Ga. 707 (2004)
  • Severance
Howard v. State, 279 Ga. 166 (2005) 
  • Speedy trial
Salahuddin v. State, 277 Ga. 561 (2004) 
  • Waiver of right to jury trial
Brown v. State, 277 Ga. 573 (2004) 
  • Taxation
Dickey v. Fulton County Bd. of Tax Assessors, 333 Ga. App. 346 (2015) Fulton Cnty. Bd. Tax Assessors v. Piedmont Park Conservancy, 333 Ga. App. 265 (2015)
Trial Experience
Managing Attorney for GEICO’s Macon Staff Counsel Office.  Additionally, worked as a staff attorney for the Office of the County Attorney in both the Public Safety and Finance Division in Fulton County.  All phases of local and federal litigation while representing Fulton County Sheriff’s Department, Fire Department, Finance Department, Auditor, Board of Tax Assessors, and the Fulton County Ryan White Program.  Former prosecutor for the Fulton County District Attorney’s Office and assistant attorney general for the State Law Department. Conducted over 200 deposition, 35 jury trials and 50 bench trials as an insurance defense attorney for the Staff Counsel Office for Allstate and Encompass Insurance Companies.
Admissions and Recognitions
Admitted to the United State Supreme Court, the 11th Circuit Court of Appeals, Northern District of Georgia, both the Northern and Middle Districts of the United States District Court, the Supreme Court of Georgia, the Georgia Court of Appeals, the United States Supreme Court and  A member of the State Bar of Georgia.
Community Involvement
Member of NAACP, DeKalb County Branch
Frank M. Gaither, Jr. is a trial lawyer with extensive experience in criminal and civil trial practice, appellate litigation, and transactional matters.   He also served as an adjunct professor for Herzing University’s legal studies department. Frank was born and raised in Atlanta, Georgia, graduating from Redan High School in Stone Mountain and Georgia State University in Atlanta with a Bachelor of Interdisciplinary Studies (pre-law) in 1995.  He obtained his Juris Doctor from Boston College Law School in 1998.   Frank M. Gaither, Jr. is an active member of Omega Psi Phi Fraternity, Inc., and is married with two minor children.  Frank’s wife, Dealia M. Bryant-Gaither, is a registered nurse and works for Children’s Healthcare of Atlanta (Egleston).  Their two minor children are Mekhi and Milani. In his spare time, Frank enjoys sports, working out, reading, and spending time with his family.