Smith spent some months in communication with a London solicitors' firm, Addleshaw Goddard relating to the possibility of employment by them. Those discussions came to nothing and there was email correspondence showing his disappointment. But in July 2007, about a month after the conclusion of those negotiations, the judge refused to recuse himself from a heavily contested case ("Howell v Lees Millais & Others") involving a partner in the same firm in his capacity as a trustee. On appeal from his refusal, the Court of Appeal criticised the judge for his attitude and behaviour during the hearing and allowed the appeal, with the effect of removing Smith from the case.