About Elizabeth S.

Elizabeth S. Hertz built her early legal life around courts and careful reasoning. She arrived at law school after an undergraduate degree and left ready for both trial dockets and appellate benches. The arc of her career has moved from clerkship to firm partnership, with steady work in multiple jurisdictions.

Hertz earned a Bachelor of Arts from Macalester College in 2004. She then attended the University of Michigan Law School, receiving her J.D. in 2009. Those years provided classroom training and practical exposure to legal research, writing, and oral advocacy. The academic record set the stage for a federal appellate clerkship that followed immediately after law school.

In 2009 she clerked for the Honorable James B. Loken at the U.S. Court of Appeals. That year in chambers gave her a close view of appellate decisionmaking and the dynamics of multi-judge deliberations. The experience informed her approach to briefing, issue framing, and preserving record-based arguments for the next stage of her career.

After her clerkship, Hertz joined Davenport, Evans, Hurwitz & Smith, LLP as an associate in 2010. She advanced to partner in 2016. Over more than a decade at the firm she has worked on matters brought in state and tribal courts, and she has appeared in federal appellate settings. Her admissions include Minnesota and South Dakota bars, the Oglala Sioux Tribal Court, and the Eighth Circuit.

Her professional profile reflects both trial-curve practice and appellate training. The clerkship gave her a deep familiarity with appellate procedure and opinion drafting. Her years at the firm have involved courtroom preparation, legal drafting, and coordinating litigation strategy across different forums. That combination means she often handles procedural questions, preservation of issues for appeal, and written advocacy intended for judges at different levels.

Outside the courtroom she has maintained memberships in professional organizations relevant to practitioners in her jurisdictions. Colleagues describe her work as grounded and methodical; clients see an attorney who prioritizes clear legal positions and attention to record-building. As a partner at Davenport, Evans, Hurwitz & Smith, LLP, she continues to accept matters in Minnesota, South Dakota, and tribal and federal appellate courts.

She currently practices at Davenport, Evans, Hurwitz & Smith, LLP and focuses on civil litigation and appellate matters.

Education

University of Michigan Law School

J.D. (2009)

2009

Macalester College

B.A. (2004)

2004

Experience

Partner

Davenport, Evans, Hurwitz & Smith, LLP
2016

Associate

Davenport, Evans, Hurwitz & Smith, LLP
2010

Judicial Law Clerk to Honorable James B. Loken

U.S. Circuit Court of Appeals
2009

Accepted Jurisdictions

Tribal Court - Oglala Sioux Tribal Court
Minnesota
South Dakota
8th Circuit

Office Locations

Main Office

 206 W. 14th Street P.O. Box 1030 Sioux Falls SD 57104