Colorado Supreme Court
Office of Attorney Regulation Counsel
Promoting Professionalism. Protecting the Public.
Retirement is a Stark contrast to lawyer’s last 44 years
David Stark retires from firm, moving forward with committee and charity work.
By ZAK BRATTON
If you’ve ever been in one of David Stark’s classes or even worked with him as
a young lawyer at his firm, you probably know the slogan that would christen a
t-shirt made in his honor: Read the Freakin’ Rule.
It was a practice that Stark has followed ever since picking it up in his early
days at the Denver District Attorney’s Office from mentor Dale Tooley, Stark’s
first boss and then Denver District Attorney.
“Whenever we talked, he would reach behind him and grab either a statute book
or rule book,” Stark said. “I learned that Dale didn’t know everything there
was to know but he did know how to find the answer.”
Now in his 44th year of legal practice, Stark offers up the same
mentorship he received from Tooley to the hopeful law students he teaches at the University
of Colorado School of Law each semester.
It was this same school where Stark kicked off his legal career by earning his
J.D. at C.U. in 1973.
Fast-forward to 2018 and Stark is newly-retired from Faegre
Baker Daniels, LLP in Denver. He officially retired at the end of 2017 and now
works as a retired partner with an office at the firm. But calling Stark just a
lawyer would be like calling Steve Wozniak just a programmer.
For more than four decades, Stark has represented lawyers and law firms
in professional responsibility and ethics matters.
Heather Perkins, Faegre Baker Daniels, LLP, partner and leader of the firm’s
Denver office, said Stark’s “commitment to the betterment of
Colorado’s legal community” and his dedication to improving equality in the
profession, and at their firm, are second to none.
“He is a valued advisor, mentor and friend to clients and colleagues at the
firm and has positively impacted the lives of countless Colorado children and
underserved individuals through pro bono and civic service,” Perkins said.
“In addition, David has been a powerful advocate for the advancement of women
within Faegre Baker Daniels and the legal profession generally. There are a
number of female attorneys at the firm, including myself, who have benefited
greatly from David’s guidance and sponsorship.”
Stark’s trial experience centered on the complex realm of commercial
litigation, trying a legion of jury and court trials at the federal and state level
with a slew of emphasis areas: professional responsibility, natural resources,
products liability, securities fraud, trade secrets, contract disputes, white
collar criminal, banking and energy.
Stark has represented numerous clients in the legal profession, energy, high
technology, telecommunications, natural resources, securities fraud, and health
care industries.
But this description pales in comparison to the real work that Stark has put
in. Specifically, his clients have included: a major independent oil and gas
exploration company, a large energy utility entity, an operator of a hazardous
waste facility, the president of a regional and independent oil company, a
Federal Savings bank, an international engineering firm, an AM Law 100 firm, the
Chief Financial Officer of Vari-L, Inc., and one of the largest national banks
in the United States, to name a few.
And to top it all off, during his five years at the District Attorney’s Office,
Stark tried numerous felony jury trials, including 10 murder trials and two
death penalty cases.
While only miniscule in comparison to his entire
44-year career, Stark describes his time at the DA’s Office as “the greatest
job he’s ever had.”
“People had a lot of faith in me and probably let me do things I probably
shouldn’t have,” Stark said, laughing.
This experience set the tone for the rest of his career. He was
compelled to develop his skills, and himself, at the same rapid pace the DA was
utilizing to propel him up their ranks.
“It was really the time that formed the basis for the rest of my career,” Stark
said. “I got to do some amazing things and participate in some amazing cases.”
Just as Tooley before him, Stark became a talented lawyer who started to mentor
new lawyers. Mark Fogg, General Counsel attorney for COPIC, said he fondly remembers
working with Stark. He and Stark worked together in the Denver District
Attorney’s office in the mid-1970s, a time when Stark was a veteran DA, and
Fogg, a fresh-faced law student.
“I used to go watch him try cases all the time,
including two or three high-profile murder prosecutions,” Fogg said. “I modeled
my courtroom demeanor after him because he was the epitome of professionalism.”
Besides sharing time in the office, Fogg and Stark also shared a mentor: Brooke
Wunnicke.
Wunnicke, who traveled to Colorado from Wyoming after
becoming the first female trial lawyer in the state’s history, served as the
Chief Deputy of Appeals in the Denver District Attorney's office for 12 years,
from 1973 to 1985.
She passed away in 2014 at the age of 96, but the shared memories and the bond between
Wunnicke, Stark, and Fogg transcends nearly half a century. Wunnicke served as
a mentor to both long after they had left the DA’s Office.
“To this day, David and I are on a lot of committees together and we share a
lot of joint memories. However, our shared love for Brooke is in the top two or
three shared memories together,” Fogg said. “It’s a nice memory that he and I
share.”
It was this time period at the DA’s Office, and the mentorship of Tooley and
Wunnicke, that Stark believes had the monumental impact of forging him into the
lawyer he is today.
“Brooke and Dale were the greatest influences on my career and the type of
lawyer I became,” Stark said.
He also said he believes it was a ‘lucky break’ when the DA’s Office decided to
hire him on as a law clerk while he was still attending law school.
Typically, experience as a law clerk could carve an avenue to not only
assisting at the DA’s Office but also becoming part of it as a full-time
practicing attorney. As fortune would have it, Stark was given that opportunity
a few months later.
In 1978, when Stark left the DA’s Office for private practice, it was not only
a change in scenery and litigation area, but also a shift from master, back to
student.
“It was very difficult. I went from knowing everything there is to know about
my job, to knowing nothing,” Stark said. “I didn’t know how to ask for an
extension of time. I didn’t even know if there was an extension of time,” Stark
said, jokingly.
Besides being a champion attorney, Stark has dedicated much of his time outside
of the courtroom to giving back – to the community, to the legal profession,
and to Colorado.
His focused efforts to improve the practice of law in the State of Colorado
include serving as former chair of the Attorney Regulation Committee, from 1996
to 2001, and current chair of the Colorado Supreme Court Advisory Committee on
Attorney Regulation.
Jim Coyle, Attorney Regulation Counsel for the
Colorado Supreme Court, has worked alongside Stark for many years, touting him
as “one of the most-respected lawyers in the State of Colorado.”
“I have been very fortunate to work with Dave Stark,” Coyle said. “He is a
person of great integrity, who is passionate about access to justice issues and
improving the legal profession.”
Within the Advisory Committee, Stark, as chair, and Coyle, as Attorney Regulation
Counsel, are also part of a subcommittee on the cutting edge of one of the most
exciting legal initiatives in the nation: Colorado’s Proactive Management-Based
Program.
The subcommittee, formed in May 15, 2015, was charged with investigating the
Proactive Management Based Regulation programs used in the United Kingdom,
Australia and Canadian jurisdictions.
A little over two years later, and with Stark at the helm, the subcommittee
created and launched the nation’s first Lawyer Self-Assessment Program designed
to help lawyers’ better serve clients and simplify
their professional lives.
Besides his numerous chairing duties, Stark is a member of the Colorado Supreme
Court Standing Committee on the Rules of Professional Conduct, the CBA/DBA
Professionalism Coordinating Council, Colorado Access to Justice Commission, and
the Colorado Supreme Court Chief Justice's Commission on Professional
Development.
Stark has also contributed extensively to the Colorado Lawyers Committee, on
projects and in a leadership capacity as a Board of Directors member, Executive
Committee member, and advocate of the Children’s Task Force.
He has remained a longstanding supporter of the Committee, providing extensive
involvement as chair of the Children’s Task Force for more than 15 years to
improve conditions for children in the state of Colorado.
It is this same committee that honored Stark with its highest award, the
Outstanding Sustained Contribution Award, on May 5, 2017.
“Dave has been a trailblazer in our legal community—championing the rights of
the underserved and advocating tirelessly for access to justice,” said
Constance Talmage, Executive Director of the Colorado Lawyers Committee.
“[He] is an extraordinary legal talent and has offered quiet, steady leadership
that has benefited the Colorado Lawyers Committee, our community and our
courts.”
After 44 years, in a suit and tie with his nose to the grindstone, what’s next
for the 2013 Law Week Colorado Lawyer of the Year besides committee and
community work?
“The Boston Marathon,” Stark said, which would mark the 19th race he’s
completed. “That should keep me occupied.”
Running is a large part of Stark’s life and a hobby he said he thoroughly
enjoys. He also plans to spend more time with his three grandchildren.
If there was any question about whether Stark would find a passion after
leaving litigation, it seems he’s already found it: “There’s no better job than
being a grandpa.”