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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.

Contact & Links
Location
  • 5433 Westheimer Road, Suite 725
    Houston, TX 77056
Education
  • South Texas College of Law, Doctor of Jurisprudence, graduated 2010
  • Sewanee-The University of the South, Bachelor of Science, graduated 2006
Bar Admissions
  • Texas, 2010
  • California, 2021
Affiliations
  • Texas Bar College - Member
  • Texas Bar Foundation - Fellow
  • Golfers Against Cancer - Director
Court Admissions
  • U. S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • U.S. Court of Appeals for the Fifth Circuit

Recognized in The Best Lawyers in America® 2025 for work in:
  • Insurance Law
Awards:
  • Texas Super Lawyers (a Thomson Reuters® service) Rising Star, Texas Monthly Magazine (2014–2023)
  • “Top Lawyer,” Houstonia Magazine (2017-2019)
  • AVVO “Superb” Rating – 10/10
Additional Areas of Practice:
  • Business Organizations (including LLCs and Partnerships)
  • Commercial Litigation
  • Litigation - Insurance
  • Eminent Domain and Condemnation Law
  • Personal Injury Litigation - Defendants
  • Personal Injury Litigation - Plaintiffs

Publications

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