Scott provides guidance on First Amendment issues to public and private clients.
He serves as city attorney for the cities of San Clemente and Aliso Viejo and general counsel to the Santa Margarita Water District and the Orange County Local Agency Formation Commission.
Scott helps local government agencies navigate election and campaign laws.
Best Best & Krieger LLP Partner Scott C. Smith advises public and private clients on issues of state and local regulatory and land use law, including advice on critical issues relating to the First and Fifth Amendments, development and environmental law and municipal law. Scott’s career in public law at BB&K began immediately after law school graduation.
City Attorney and General & Special Counsel
Scott’s principal clients include the cities of San Clemente and Aliso Viejo, where he serves as contract city attorney. He also served as city attorney in Lake Forest, Santee, La Verne and Big Bear Lake. He is general counsel to the Santa Margarita Water District and Orange County Local Agency Formation Commission. He advises public and private clients on issues of land use regulation, public-private partnerships and the California Coastal Act. He regularly presents ethics training to public officials.
First Amendment, Election and Constitutional Law
Scott’s work includes providing regular legal guidance on issues surrounding First Amendment, election and campaign laws. He is also well-versed in helping public agencies navigate emerging legal trends relating to protected speech, social media, public records and privacy.
Scott is often called upon to provide advocacy and litigation support to clients on Constitutional issues relating to the use of public spaces, including free speech on public websites, political speech in public forums and camping and homelessness in public spaces.
Land Use and Development
Scott enjoys working on complex real estate and regulatory matters, usually for public agencies. He coordinates BB&K’s service teams to acquire and consolidate real estate, review environmental impacts, obtain state and federal permits and licenses, assure water availability and meet affordable housing goals. His approach is to work collaboratively and constructively as he coordinates these firm resources for clients. His municipal, land use and environmental law practice includes work on large-scale entitlement and development agreements, growth management initiatives, project permitting, local agency formation (LAFCO) and land use initiatives. The Los Angeles Daily Journal named Scott one of California’s top 25 land use attorneys.
He also served as a land use and environmental law instructor for the University of California, San Diego Extension and University of California, Los Angeles Extension courses.
Leadership
Scott has served two terms on the Executive Committee of the California State Bar Association’s and California Lawyers Association’s Public Law Section, where he served as co-editor in chief of the State Bar’s Public Law Journal. Scott served for 10 years as general counsel to the California Chapter of the American Planning Association. He was president of the Orange County City Attorneys Association in 2016.
Scott began his practice in the firm’s Municipal Law practice group in the Riverside, then moved to San Diego to serve as the firm’s first office managing partner there. He served for 9 years on the Solana Beach School District Board of Trustees. He was a founding partner of the firm’s Orange County office in 2001. He served two terms on the firm’s five-member Executive Committee.
Some of Scott’s most significant projects include:
He lives in San Clemente where he and his wife, Wendy, raised their three sons and a daughter.
Education
Admissions
Awards
Memberships
BB&K’s Election Law Resource Center gives California cities the Vote of Confidence they need to ensure legal compliance with all aspects of local elections. This unique service includes:
Employers Should Reevaluate Policies on Religious Expression at Work in Light of Kennedy v. Bremerton School District and Carson v. Makin
Lawful or Landmine? Court Rules on First Amendment Snares
Ninth Circuit Affirms Lower Court’s Preliminary Injunction
Decision in Compliance with Martin v. City of Boise
Election Law Partner Scott Smith Discusses Redistricting Requirements in Western City Magazine
SCOTUS Sets Aside New York Limits on Religious Gatherings
Mail-In and Absentee Ballots Debated in COVID-19 Pandemic and Election Day Overlap
Court Invalidates Common Sign Ordinance on First Amendment Grounds
Swift Decision Rejects Ballot Language Opposition
Part 2 in a PublicCEO Series
Part 1 in a PublicCEO Series
A California Federal Court Weighs-In on Religious Group’s Challenge
Business’ First Amendment Rights and Government Participation
The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government
Prayers Violated First Amendment
U.S. Supreme Court Opinion Shows Importance of Eliminating Bias from Administrative Claim Process
No State Preemption of Local Billboard Regulations, California Appellate Court Finds
News
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