Shareholder

David is a proven litigator. He is your lawyer, when it counts. Mr. Kirby devotes much of his practice to representing businesses in commercial litigation matters, personal injury claims, and is regularly retained to act as “outside general counsel” to advise businesses on contractual, insurance, and risk management issues. Licensed to practice law in Texas and California, Dave also represents individuals navigating the most trying times of their lives; individuals that have been seriously injured on account of someone else’s negligence.  

Born in Houston, David had the unique opportunity to live overseas and travel the world beginning at a young age. Despite leaving Texas, he never lost his regard for Texan justice—where wrongdoers are held accountable for their actions and inactions. Carrying this admiration forward, Dave has focused his legal practice on representing individuals injured by those who failed to make prudent decisions and take reasonable actions. He has successfully resolved car accident, truck accident, workplace injury, oil field injury, refinery injury, industrial accident, construction accident, dangerous and defective product injury, and wrongful death cases for his clients. He is a devoted advocate, committed to ensuring his clients get just results.

Dave is also a trusted legal advisor to small and medium sized businesses, assisting them with preparing and reviewing master service agreements, non-disclosure agreements, non-solicitation agreements, and other contracts; assessing legal risks associated with business decisions; and counseling with respect to insurance and indemnity matters. Mr. Kirby also represents businesses in commercial disputes concerning insurance coverage and other contracts. David regularly sues insurers that have wrongfully denied coverage to their corporate policyholders and has had great success recovering insurance proceeds unjustifiably withheld by national and international insurers. He is calm and evenhanded, but aggressive when necessary; focused on achieving the best and highest results for his clients.

Outside of work, Mr. Kirby enjoys spending time with his family, traveling, and slipping away for a round of golf.

Education

  • South Texas College of Law, Doctor of Jurisprudence
    • Managing Editor, South Texas Law Review
    • Dean’s Scholar
  • Sewanee: The University of the South, Bachelor of Science

Languages

  • English
  • Spanish (limited)

Admission

  • State Bar of Texas
  • State Bar of California
  • United States District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
  • United States Court of Appeals for the Fifth Circuit

Community Activities

  • Prosecuting and Defending Attorneys’ Fees in Texas, May 2019
  • Recovering Attorney’s Fees in Federal Court, For The Defense, March 2019
  • Presenter, Permissive Appeals in Texas, Texas Association of Defense Counsel 2018 Spring Seminar
  • Prosecuting and Defending Attorneys’ Fees in Texas: A Primer, Texas Association of Defense Counsel, 2017 Annual Meeting
  • Issues of Coverage in the Tripartite Relationship: Must Counsel Protect the Client-Insured’s Coverage Interests?, TADC Magazine (Fall/Winter 2016)
  • Presenter, Permissive Appeals in Texas, Texas Association of Defense Counsel 2018 Spring Seminar
  • The Independent Injury Rule: A View from Both Sides of the Aisle, in State Bar of Texas 21st Annual Insurance Law Institute, Chapter 5 (2016)
  • A Practitioner’s Guide to Long-Tail Liability Claims in Texas, Journal of Texas Insurance Law, Winter 2015-2016, at 7
  • Overview of Long Tail Claims for the Texas Practitioner, in State Bar of Texas 12th Annual Advanced Insurance Law Course, Chapter 7 (2015)
  • Benefits of a Grief Counselor’s Testimony, Trial, Oct. 2011, at 41

Honors & Awards

  • The Best Lawyers in America©, Insurance Law (2022)
  • Texas Super Lawyers, Rising Star (2014-2022)
  • Avvo “Superb” Rating – 10/10
  • Houstonia Magazine “Top Lawyer” (2017-2019)
  • Texas Bar Foundation, Fellow
  • Texas Bar College, Member

Memberships/Affiliations

  • State Bar of Texas
    • Insurance Section
    • Litigation Section
  • State Bar of California
  • Houston Bar Association
  • Golfers Against Cancer
    • Director, 2020-2022