James H. Niven's Profile Image

James H. Niven

Phone: 415-981-5451

James H. Niven, a California native, retired as of December 30, 2024, following a distinguished career spanning more than 50 years in law. As the co-founder of Niven & Smith, LLP, Mr. Niven built a reputation as a highly skilled attorney specializing in real estate and commercial litigation, business transactional matters, and mediation.

Throughout his career, Mr. Niven's practice encompassed all aspects of trial and appellate litigation. He handled a variety of real estate disputes and represented numerous real estate brokerage firms. His expertise extended to representing oil and gas development companies, as well as vineyards, wineries, and suppliers in California Wine Country.
Mr. Niven earned his law degree from the University of California, Hastings College of the Law in San Francisco, after completing a Bachelor of Science at San Jose State University (then known as San Jose State College). He was admitted to the State Bar of California in 1971.

Before co-founding Niven & Smith, LLP in 1977, Mr. Niven served as a Deputy District Attorney for San Mateo County. Over the decades, his practice encompassed complex real estate litigation, including landlord-tenant disputes, partnership conflicts, homeowner association representation, and real estate broker malpractice. He also provided expertise in commercial litigation and transactional work, ranging from business partner disputes to intricate business transactions.

In California Wine Country, Mr. Niven advised on transactions involving vineyards and wineries, including the sale of businesses with significant assets like vineyards, brands, and inventory. His work included drafting contracts with grape growers, resolving disputes related to wildfire smoke damage, and representing clients in equipment leases and sales of brands.

In 2005, Mr. Niven served as Chairman of the Wine Institute, an advocacy organization for California's wine industry, after previously serving on its board. His international projects included consulting on vineyard and winery developments in the People’s Republic of China. He was also deeply involved with his family’s wine business in San Luis Obispo County.

Now retired, Mr. Niven looks back with pride on a career that combined his passion for law and his deep connection to California’s wine and real estate industries.

Areas of Practice
  • Real Estate Litigation
  • Commercial Litigation
  • Vineyards and Wineries
Admissions to Practice
  • California, 1971
Education
  • San Jose State College, Bachelor of Science
  • University of California, Hastings College of Law, Juris Doctor
Professional Associations and Memberships
  • Co-Chair of the Real Estate Sales & Brokerage Subsection of the State Bar of California, 1987-88, 1989
  • State Bar of California, 1971-present
  • San Mateo County Bar Association
  • Wine Institute, former member for 20 years