J. Kirk McGill is Special Counsel and the firm's appellate specialist. Kirk is stationed in the firm's Denver office but practices throughout the country in essentially all of the firm's practice areas. Kirk leverages his knowledge, skills, training and experience to effectively and efficiently assist his clients with transactional, litigation, and administrative/regulatory matters. Kirk specializes in Federal and state appeals, litigation, constitutional law and civil rights defense, tax, estates and trusts, business law, administrative law and regulatory compliance, contracts, commercial transactions, and cybersecurity. Kirk is also a strong advocate for civil liberties and is one of the few attorneys in the United States who routinely represents both plaintiffs and defendants in civil rights matters involving governmental entities such as law enforcement use of force disputes. He also represents defendants in civil rights cases involving private employers.
Prior to earning his J.D., Kirk served for two years with the State of Colorado as a Revenue Agent, and for six years with the Department of Defense specializing in regulatory compliance audits and investigations. In addition, Kirk is a Colorado Certified Public Accountant, and holds a number of professional certifications in accounting and auditing, including: Certified Internal Auditor, Certified Management Accountant, Certified Fraud Examiner, Certified Information Systems Auditor, Certified Information Technology Professional, Certified Forensic Accountant, and Certified Forensic Auditor. This background gives him a unique insight that allows him to "speak the same language" as his business clients. Kirk also provides his expertise (including as an expert witness) to companies and other law firms in a wide range of areas, including business, accounting & auditing, and finance.
Kirk believes that clients are best served by zealous advocacy that is nevertheless tempered by appreciation for the experiences of all stakeholders, which creates opportunities for a mutually beneficial resolution of even the most acrimonious disputes and is as prepared to create a transactional solution to a client's problem or to carry out a client's objectives as he is to litigate or arbitrate a resolution to a dispute.
Education
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University of Denver - Sturm College of Law
(J.D., 2018)
- Certificates in Legal Research and Advanced Legal Research
- Order of the Coif
- Law Review Editor
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Capella University
(D.B.A., in progress)
- Specialization in Management
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University of Colorado - Denver
(M.S. in Accounting, 2014)
- Specializations in Taxation, Auditing and Forensic Accounting
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Regis University
(B.S. in Accounting, summa cum laude, 2009)
- Minor in English
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Regis University
(B.S. in Business Administration, summa cum laude, 2009)
- Emphasis in Finance
- Completed the University Honors Program
Admissions
- United States Supreme Court
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Tax Court
- Colorado and the U.S. District Court for the District of Colorado
- Oklahoma and the U.S. District Courts for the Eastern, Western, and Northern Districts of Oklahoma
- Texas and the U.S. District Court for the Western District of Texas
- Utah and the U.S. District Court for the District of Utah
- Wyoming and the U.S. District Court for the District of Wyoming
- Montana
- Muscogee (Creek) Nation
- Cherokee Nation
- Administrative Law
- Alternative Dispute Resolution (ADR)
- Appellate
- Bankruptcy, Restructuring & Creditor's Rights
- Civil Rights Defense
- Complex Commercial Issues
- Corporate Services
- Cybersecurity & Data Privacy
- Crisis Response Team
- Employment Litigation
- Energy & Natural Resources Services
- Environmental Services
- Estate Planning & Post Death Administration
- Income Tax Planning & Controversy
- Indian Law
- Intellectual Property Litigation
- Labor & Employment
- Litigation
- Mergers & Acquisitions
- Municipal & Public Authority
- Oil & Gas
- Policy Drafting & Implementation
- Real Estate
- Regulatory Compliance
- State & Local Tax Practice
- Tax, Estate Planning & Employee Benefits
- Trusts & Estates Litigation
- White Collar Compliance, Defense & Investigations
- 2022-Present Hall Estill
- 2018-2022 Godfrey Johnson
- 2012-2018 United States Department of Defense - Defense Contract Audit Agency
- 2010-2012 Colorado Department of Revenue - Tax Audit & Compliance Division
- Chairman, Committee on Disciplinary Matters for the Colorado Soccer Association's Colorado Referee Committee
- Treasurer and Director, Colorado Adult Soccer Association
- Volunteer, Denver Urban Debate League (2008-2018)
- American Bar Association
- Colorado, Oklahoma, Texas, Utah, Wyoming and Montana Bar Associations
- Muscogee (Creek) Nation and Cherokee Nation Bar Associations
- Faculty of Federal Advocates
- American Institute of Certified Public Accountants
- Institute of Internal Auditors
- Association of Certified Fraud Examiners
- Institute of Management Accountants
- Information System Audit and Control Association (ISACA)
- American Board of Forensic Accounting
- McGill, J.K. & B. McGill (B. Symmes, Editor): Lucia v. SEC: Justice Breyer Warns of a Dramatic Expansion of the President's Control Over the Federal Civil Service, 96 Den. L. Rev. Online 91 (2018).
- McGill, J.K., Z. McGill & B. McGil (R.J. Margesson, D. Palmer, and T. Bowie, Editors): The Right to Be Left Alone - The Evolution of the Right of Privacy in American Jurisprudence (Regis University, 2009).
- Symmes, B. (J.K. McGill, Editor): Post-Transcriptional Shaping of Neurons: The Roled of miRNAs and FMRP-Interacting P-Body Components in Regulating Neuronal Structure (University of Denver, 2014).
- Achieved early dismissal of civil rights litigation against the Jackson Hole Airport before the District of Wyoming involving an allegedly improper arrest and use of excessive force - and successfully obtained attorneys' fees against the Plaintiff and his counsel for continuing the case after probable cause was conclusively established.
- Briefed and argued the Jackson Hole Airport case above before the Tenth Circuit, which affirmed both the dismissal of the litigation and the awarding of attorneys' fees in a published decision. Frey v. Town of Jackson, Wyoming, 41 F.4th 1223 (10th Cir. 2022).
- Briefed and argued a Lanham Act and Sherman Act case before the Tenth Circuit in an attempt to reverse the District of Colorado's dismissal of the case; the opposing party (who won before the District Court) agreed to settle following oral argument.
- Secured a favorable settlement on behalf of a Wyoming commercial landlord in litigation with the State of Wyoming over the state's failure to pay rent for its use of a large commercial office building.
- Secured a favorable settlement on behalf of a Colorado County Treasurer in complex multi-party litigation that resulted in the payment of 100% of the delinquent taxes owed under the Treasurer's tax lien while allowing the business to continue in operation under new ownership.
- Secured a favorable settlement on behalf of a county employee in Wyoming for First Amendment retaliation and Fourteenth Amendment due process claims.