Nicholas Davidson QC, who represented Pike River Mine families at the Royal Commission of Inquiry, said he had not been instructed yet on what action the family would like him to take.
The action comes as the Government announced an inquiry into how Smith escaped custody and fled to Brazil.
The fugitive was reportedly planning to voluntarily return to New Zealand, avoiding a lengthy stay in unpleasant Brazilian prisons while an extradition or deportation process took place.
He was apprehended by Brazilian police last week in Rio de Janeiro.
Today, Mr Davidson said he would act for the family of a boy who was abused by Smith before Smith went on to murder his father.
"I have not been asked to specifically consider compensation at all - I've simply been asked to tell what, if anything, that I think I can do for them."
Civil action against the Corrections Department over Smith's escape "hasn't even been considered", he said.
"There's a process that's been adopted here, which is going to be a very thorough one."
A decision could be made over the coming days as to what he could do for the family, Mr Davidson said.
Yesterday Prime Minister John Key told reporters a wide-ranging inquiry would be launched into the matter.
He said there were many unanswered questions around the incident including "quite delicate issues around data-sharing".
The inquiry would cover whether someone who was incarcerated for a serious crime, like Smith, should be able to be on short-term release without electronic tracking, he said.
Smith fled the country while on temporary release from prison using a passport held in his birth name, Phillip Traynor.
In a statement issued through his lawyer Tony Ellis at the weekend, Smith confirmed he'd received help to renew his passport last year.
Police said they were unaware of Smith's birth name as used on his passport when he was originally charged and convicted of child sex offences and the murder of his victim's father.
That was at odds with comments by Police Commissioner Mike Bush who last week told media that at the time Smith was charged and convicted "we were well aware of the names he was using" including his birth name.
- Rebecca Quilliam of NZME. News Service/additional reporting NZ Herald
