David W. KirchDavid W. Kirch has practiced law in Colorado for over 40 years. His primary emphasis of practice has been in Estate Planning and Administration, including Wills, Trusts, Estate and Gift Tax Planning, Probate and Elder Law. A wide range of exposure to other areas of practice includes Real Estate and Corporate Law, Partnerships, Limited Liability Companies and other Corporate Entities, Commercial Leases, Purchase and Sale of Businesses and Professional Practices, Tax Return Preparation, Tax Exempt Organizations, Pretrial Motions, Discovery and Appeals.

Admitted to Practice May 1974

LEGAL EMPLOYMENT HISTORY:

  • Kirch and Rounds, P.C., Partner, September 2011 – Present.
  • David W. Kirch, P.C., Founder, Owner, Attorney from March 1986 – August 2011.
  • Bourke and Jacobs, P.C., Special Counsel from June 1985 to March 1986.
  • Weller, Friedrich, Hickisch, Hazlitt & Ward, Associate from April 1974 to July 1979; Partner from July 1979 to May 1985. Member of Firm Management Committee, 1983. Chairman of Firm Computer Committee, 1984-1985.

HONORS AND ACTIVITIES:

Law Practice:

  • Awarded Client Distinction award by Martindale Hubbell – award given to only 1% of attorneysfor excellence in quality of service, overall value, responsiveness, and communication ability 2014-2016
  • Awarded AV Preeminent rating in the field of Trusts and Estates by Martindale-Hubbell for over 30 years
  • Listed in Super Lawyers Magazine under Estate Planning and Probate 2006-2013, 2015 – 2016
  • Named one of Denver’s top lawyers by 5280 Magazine under Trusts and Estates Category, 2001
  • Fellow of American College of Trust and Estate Counsel
  • Lecturer in Law at University of Denver Law School for 1987 – 1990 in Estates and Trusts
  • Listed in the Martindale – Hubbell Bar Register of Preeminent Lawyers, designated as outstanding in the field of Probate and Estate Planning Law
  • Listed in The Best Lawyers in America, in the field of Trusts and Estates (Recognized since 1995 – 1996) and Elder Law (Recognized since 2016)
  • Attended the Heckerling Institute on Estate Planning at the University of Miami School of Law for several years
  • Attended Annual ALI ABA Estate Planning in Depth Program at the University of Wisconsin Law School in June 1981

Law School:

  • Storke Scholar as One of Five Highest Scholastic Averages after First Semester
  • E.V. Dunklee Law Award for the Outstanding Freshman Law Student
  • Member of Order of the Coif

College:

  • Political Science Departmental Honors, 1966 1967 and 1967 1968
  • President of Scholastic Honor Society, 1967 1968
  • Member of Editorial Board of College Newspaper, 1966 1967

High School:

  • Student Body President of Denver Lutheran High School, Senior Year, 1964

OTHER ACTIVITIES:

  • Chair Elect of the Colorado Lawyer Editorial Board 2017-2018
  • Second Vice Chair Member of the Board of Editors for the Colorado Lawyer 2014-2017
  • C0-Chairman of Guardian ad Litem Legislation Subcommittee of the Trust and Estate section of the Colorado Bar Association, 2014 – Current
  • Member of the Board of Editors for the Colorado Lawyer 2014 – 2015
  • Chair of Capacity Legislation Subcomittee of the Trust and Estate section of the Colorado Bar Association, 2013 – 2014
  • Liaison between Real Estate Section of the Colorado Bar Association and the Trust and Estate Section of the Colorado Bar Association 2009 – current
  • Column Editor of the Estate and Trust Forum for the Colorado Lawyer, 1998 – current
  • Chairman of Probate and Trust Law Section of Colorado Bar Association, 1994 – 1995
  • Secretary-Treasurer of Probate and Trust Law Section of Colorado Bar Association, 1991 – 1992
  • Member of Colorado Bar Association Probate Council from October 1986 to June 1988
  • Chairman of the Legislative Committee of the Community Association Institute, Rocky Mountain Chapter, 1987 – 1990
  • Chairman of Statutory Revisions Committee of Probate and Trust Law Section of Colorado Bar Association, 1988 – 1990 (Member since 1984)
  • Chairman of Committee drafting and seeking enactment of the Colorado Common Interest Ownership Act in Colorado, 1988 – 1991 (which legislation was enacted in 1991)
  • Co-Chairman of Model Will and Trust Forms Committee of Probate and Trust Law Section of Colorado Bar Association, 1989 – 1992
  • Member of Denver Bar Association and Colorado Bar Association
  • Member of Probate and Trust Law Section of Colorado Bar Association
  • Attended Annual ALI ABA Estate Planning In-Depth Program at the University of Wisconsin Law School in June 1981

PROGRAMS:

Faculty Member of the Following:

  • Continuing Legal Education Estate Planning Retreat. Presentation on Constructive Trusts and on Dead Man’s Statute, 1988.
  • “Sophisticated Trusts: Emphasis on Drafting,” sponsored by Continuing Legal Education of Colorado, Inc. Presentation on Trusts for Minors and Qualified Subchapter S Trusts, 1988
  • “Basic Probate in Colorado,” sponsored by National Business Institute, Inc. Presentation on Probate Procedures, 1989-1990
  • “Principles of Estate Administration and Taxation,” sponsored by Continuing Legal Education of Colorado, Inc., 1989
  • “Legislative Alert!,” sponsored by Continuing Legal Education in Colorado, Inc., 1989
  • “Estate Planning and Probate in Colorado,” sponsored by National Business Institute, Inc.
  • Presentation on Probate Procedures and Administration, 1990
  • “CIOA is Coming!,” sponsored by Continuing Legal Education of Colorado, Inc. Presentation on Overview of the Colorado Common Interest Ownership Act (CIOA), 1992
  • The Colorado Society of Certified Public Accountants 1993 Elder Care Conference. Presentation on “The Graying of America,” 1993
  • The 17th Biennial Program Advanced Estate Planning Symposium, sponsored by Institute for Advanced Legal Studies, University of Denver College of Law. Presentation on Recovery of Non-Probate Assets Through the Use of Constructive Trusts and Other Concepts, 1997
  • “Advanced Issues in Probate for the Paralegal in Colorado,” sponsored by National Business Institute, Inc., 1997 and 1999
  • “Medicaid and Medicaid Planning in Colorado,” sponsored by Medical Educational Services, Inc. Presentation on Basic Medicaid Planning and Planning for Residences, 1998 and 1999
  • Continuing Legal Education Estate Planning Retreat. Presentation on Resolving Commonly Encountered Ethical Issues in Estate Planning and Administration, 2000
  • “Basic Probate Procedures and Practice in Colorado,” sponsored by National Business Institute, Inc., 2000, 2001, 2002 and 2003
  • “Estate Administration: Basic Skills,” Presentation on “Ethics and Advising the Fiduciary,” Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the Colorado Bar Association Continuing Legal Education, 2003
  • “Litigating Contested Wills,” Presentation on “Joint Tenancy and Other Donative Transfers,” Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the Colorado Bar Association Continuing Legal Education, September 2003
  • “Understanding Estate, Gift and Fiduciary Income Tax Returns 2004”
  • Strategies for Maximum Advantage with the “706″, ”709″, “1040″ & “1041,” Presentation on “Basis Planning Issues Under the New Tax Laws” sponsored by the Practicing Law Institute, 2004
  • “Trust and Estate Ethics,” sponsored by Continuing Legal Education of Colorado, Inc. December 2004
  • “Estate Administration Basic Skills,” Presentation on “Ethics and Advising the Fiduciary,” Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the Colorado Bar Association Continuing Legal Education, March 2005
  • “The Probate Process From Start to Finish,” Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the National Business Institute, December 2006, December 2007
  • “Beyond Will Contests: Pre-Death Theft, Confidential Relationships and Non-Probate Diversion of Assets and What to Do to Remedy Them,” Presentation on the use of constructive trusts to remedy improper transfers of assets, Sponsored by the American College of Trust and Estate Counsel (ACTEC), March 2007
  • “The 17th Annual Estate Planning with the Masters,” Presentation on the use of constructive trusts to remedy improper transfers of assets, sponsored by the Illinois Institute for Continuing Legal Education, November 2007
  • “Understanding Estate, Gift and Fiduciary Income Tax Returns 2007: Strategies for Maximum Advantage with the “706”, “709”, “1040”, and “1041”,” Presentation on “Basis Planning Issues Under Changing Tax Laws,” sponsored by the Practicing Law Institute, December 2007
  • “Advanced Estate Administration,” Presentation on some of the most current and critical issues involved in estate and trust administration. Co-sponsored by the Trust and Estate Section of the Colorado Bar Association, April 2008
  • “Estate Administration Procedures: Why Each Step Is Important,” National Business Institute, June 2008
  • “The Probate Process From Start to Finish for Paralegals,” Institute for Paralegal Education, June 2008
  • “Will Contests,” Presentation on “Presumptions and Inferences in Probate Litigation and Will Executions,” Co-sponsored by the CBA Trust and Estate Law, Elder Law, Solo/Small Firm and Litigation Sections of the Colorado Bar Association, August 28, 2009
  • “The Probate Process From Start to Finish,” National Business Institute, December 2009
  • “Counseling Trustees on Their Duties,” Presentation on “Trustee Duties – Legal Aspects” Sponsored by the Colorado Bar Association CLE, February 24, 2010
  • “Ethics: Distinguishing Ethical from Malpractice Issues,” Presentation on how to maintain an ethical balance in the practice of law as a trust and estate attorney. Sponsored by the Trust and Estate Section of the Colorado Bar Association, June 2011
  • “Drafting Effective Wills And Trusts,” National Business Institute, September 26, 2011
  • “Trust and Estate Fall Update,” Sponsored by the Trust and Estate Section of the Colorado Bar Association, November 4, 2011
  • “Probate Process from A to Z,” National Business Institute, December 20, 2011
  • “Estate Administration Procedures: Why Each Step is Important,” National Business Institute, October 23, 2012
  • “The Probate Process From Start to Finish,” Institute for Paralegal Education, May 6, 2013
  • “The Probate Process From Start to Finish,” National Business Institute, December 18, 2013
  • “Legal Tests for Capacity in Colorado,” Sponsored by the Colorado Bar Association Continuing Legal Education, January 23, 2015
  • “(QTIPS and Other) Estate Planning Tools for Second Marriage,” National Business Institute, February 10, 2015
  • “The Ethical, Legal, Medical and Practical Considerations of Representing Clients Who May Be Suffering from Diminished or Questionable Capacity,” 35th Annual Colorado Bar Association Trust and Estate Section Retreat, June 12, 2015
  • “Will Contests – Legal and Equitable Claims and Defenses: Co-sponsored by the Trust and Estate Section of the Colorado Bar Association. CBA CLE September 11, 2015
  • “Estate Planning Basic Skills” – Introduction to Ethics in Estate Planning, Co-Sponsored by the CBA Trust and  Estate Section, February 27, 2016

PUBLICATIONS:

Articles:

  • Co-author, with Lynn S. Jordan, Jerry C. M. Orten, Gary H. Tobey and James L. Winokur, The Colorado Common Interest Ownership Act, 21 COLO. LAW. 645 (1992)
  • Are You and Your Clients on the Same Estate Planning Path?, 7 JOURNAL OF FINANCIAL PLANNING 62 (1994).
  • Avoiding Appreciation in Trust Assets Being Treated as Marital Property, 27 COLO. LAW. 57 (1998)
  • The Imposition of Constructive Trusts and Other Concepts at Probate – Part I, 27, COLO. LAW. 41 (1998)
  • The Imposition of Constructive Trusts and Other Concepts at Probate – Part II, 28, COLO. LAW. 49 (1999)
  • Conservatorship Proceedings, 30, COLO. LAW. 5 (2001)
  • Co-author, with David S. Anderson and Lindsey K. Warren, Claims Against an Estate for Care Rendered to a Decedent, 33, COLO. LAW. 93 (2004)
  • Constructive Trusts, 146, No. 7, TRUSTS & ESTATES, 50 (2007)
  • A Donor’s Rights to Disposition of Assets Versus Undue Influence Protection, 39, No. 10, COLO. LAW. 47 (2010)
  • Balancing Discretion to Give and Undue Influence Concerns, 38, No. 8, ESTATE PLANNING, 28 (2011)
  • Co-author, with Sierra R. Ward, Chapter 51: Equitable Remedies, The Orange Book Handbook Colorado Estate Planning Handbook, Vol. 1 & 2 (2014 – 2015)
  • Co-author, with Laurence I. Gendelman, Chapter 51: Equitable Remedies, The Orange Book Handbook Colorado Estate Planning Handbook, Vol. 1&2 (2016-2017)
  • Co-author, with Elizabeth A. Cappillino, Dealing with a Decedent’s Mineral Interests, 44, No. 2 COLO. LAW, 53 (2015)
  • Co-author, with Laurence I. Gendelman, Estate Planning Tools for Second Marriages, 45, No. 12 COLO. LAW. 45 (2016)

EDUCATION:

University of Colorado, School of Law
Juris Doctor Degree, December 1973
Scholastic Average: 89.88 (not including 7 hours of 90.86)
Rank: 4/138 at end of Fall Semester of Third Year (Final Rank Unknown)

University of Chicago, School of Law
Fall Quarter 1968 (drafted into Army in January 1969)
Scholastic Average 76 (74 79=B)

California Lutheran University
Bachelor of Arts Political Science, June 1968
Scholastic Average: 3.92 (4.0=A) Summa Cum Laude
Co Valedictorian of Class

Valparaiso University
Freshman Year, September 1964 to June 1965
Scholastic Average: 3.84 (4.0=A)

 

 


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