Biographical Information

Probate litigation, will contests, personal injury, fiduciary representation, and expert witness work are the legal areas of emphasis that David Struthers, with four decades of experience as a lawyer, offers to his clients at Evans Case, LLP.  During his career, he has been involved with or represented hundreds of clients and a wide variety of cases of every size and description.  In the probate arena this includes issues of capacity, undue influence, and other manifestations of the human condition surrounding estates, aging, injury, and wealth accumulation and over-reaching. He has retained  as an expert witness, offering opinions about fiduciary responsibility and breaches thereof, reasonableness of fees, and professional negligence.

During his career, Mr. Struthers has been involved with or represented hundreds of clients and a wide variety of cases of every size and description including a broad range of individuals, non-profit entities, families, businesses, a homeowner association and employees in matters such as: professional claims necessitating personal counsel, personal injury claims; professional negligence matters; catastrophic-injury railroad, products liability and big truck claims; auto litigation of every dimension; insurance bad faith claims; health club and sports-related injuries caused by the negligence of others or by dismal product design; and personal counsel in matters of professional liability.

Mr. Struthers has also been engaged in or for: various employment and wage loss matters; collection actions; civil rights claims, wrongful death claims; catastrophic injury events; personal injury claims of every size and description; administrative matters; premises liability claims; legal representation for individual law enforcement officers; business disputes; real estate and contract disputes, and Title VII claims for sexual discrimination, sexual harassment, ethnic, religious, and racial discrimination, and age-related and ADA claims. The appellate experience of Mr. Struthers includes writing for or arguing before the Colorado Supreme Court, the Colorado Court of Appeals, and the Federal Tenth Circuit Court of Appeals.

In additional to his professional law practice, Mr. Struthers: has scaled fifty-two of the fifty-four “fourteeners;” participates in outdoor activities such as camping, hiking, mountaineering, biking, Alpine and Nordic skiing; was a member of the main-mast sail-working crew aboard the Endeavour Replica square-rigger tall ship on a two-week sail across the Caribbean; has been on trail crews at Volunteers for Outdoor Colorado; is a serious amateur musician, singing baritone with the Colorado Symphony Chorus and was an accomplished performer of the French horn, flute, and acoustic guitar; has an Honorable Discharge from the United States Army, with tours of duty in Vietnam, Georgia (USA), and Germany.

Admissions

• • Colorado Bar Association

Education

• • B.A., Colorado College – 1975
  • J.D., University of Denver College of Law – 1984

Additional Committees and Associations

• • Martindale-Hubbell AV Peer Review Rated
  • Frequent Presenter, Trust and Estate Section, Colorado Bar Association
  • Trusts and Estates Section, CBA, various committees
  • Committee Member, Judicial Performance Evaluation Committee, State Senator John Evans
  • Board Member, Colorado Trial Lawyers Association, six years
  • CTLA Executive Committee Member, Convention Chairperson, Peoples' Law School, Chairman
  • Eagle Committee CTLA
  • Member, Association of Trial Lawyers of America; Colorado Bar Association; Arapahoe County Bar Association, El Paso County Bar Association
  • Pro Bono Lead Counsel Committee, Berthoud Bus Crash Leland Anderson, Lead Counsel
  • Legal Counsel, Homestead-in-the-Willows Homeowners Association, 2007-2013

Service to the Bar, Presentations and Publications

• • Hearing Board Panelist, Colorado Supreme Court Appointment, for then-Presiding Disciplinary Judge William Lucero, and in 2022 for current Presiding Disciplinary Judge Byron M. Large; Panel appointment, November 3, 2020, with term expiring November 3, 2026, by Order of Chief Justice Nathan B. Coats, October 15, 2020.
  • Member, Colorado Supreme Court Jury Instruction Chapter 34 Wills Revision Sub- Committee, Chairman – Magistrate Vincent N. Rahaman, El Paso County District Court; Dec 2023 thru Jan 2024
  • Presenter, Idea Conception, Co-Chair, Weathering the Storm of the Silver Tsunami: Undue Influence & Capacity at the Confluence of the Law, the Medicine, the Science, and Clashing Personal Philosophies, Co-chaired by David Struthers and Spencer Crona, projected, Autumn, 2024
  • Co-chair, Co-Presenter Trust and Estate Section CLE Luncheon Series, Denver: License, License, Gotta Keep Your License: COLTAF Basics and Effective Billing and Avoiding COLTAF Woes, Co-Chaired and Co-Presented with Kristin Dittus October 3, 2023
  • Co-chair, Co-Presenter Trust and Estate Section CLE, Ft. Collins, Colorado: License, License, Gotta Keep Your License: COLTAF Basics and Effective Billing and Avoiding COLTAF Woes, Co-Chaired and Co-Presented with Kristin Dittus, September 20, 2023
  • Presenter, Co-Playwright, Director, Producer, 2023 Trust and Estate Annual Retreat & Convention, Santa Fe, featured plenary presentation, an original ethics drama conceived and directed, in Readers Theater style, by David Struthers, written by David Struthers and Spencer Crona, June 10, 2023
  • Presenter, Trust and Estate Section, El Paso County Bar Association, Colorado Springs, CLE Ethics Credit: Evidentiary and Ethical Issues in Will Contests: Clarity or Confusion with Rabin and Everhart and Other Matters, April 14, 2023, outline author, co-presented with Spencer Crona, Esq.,
  • Presenter, Trust and Estate Section CLE Luncheon Series, Denver: The Good, the Bad, and the Ugly (The New PDJ Presents on Avoiding the Need for a Clint Eastwood Rescue from Self?} With Co-Presenter Byron M. Large, Colorado State Presiding Disciplinary Judge, March 7, 2023, co-author of accompanying CLE publication
  • Presenter, Will Contests, Trust and Estate Fall Update, Denver: Evidence and a Miscellany of Issues in the post- Rabin and Everhart World with Co-Presenters Todd Kastetter and Hon. Kim Goldberger, October 6, 2022; co- author of accompanying CLE publication
  • Presenter, Trust and Estate Section, El Paso County Bar Association, Colorado Springs, CLE Legislative Update, September 15, 2021
  • Presenter, Trust and Estate Section, El Paso County Bar Association, Colorado Springs, Ethics CLE including directing attendee readings of applicable sections from Our Firm, an original ethics drama by David Struthers and Spencer Crona, November 20, 2019
  • Presenter, Co-Playwright, Director, Actor, 2019 Trust and Estate Annual Retreat & Convention, Santa Fe, Our Firm, an original ethics drama and featured plenary presentation, conceived and directed, in Readers Theater style, by David Struthers, written by David Struthers and Spencer Crona, June 6-8, 2019
  • Presenter, Trust and Estate Section CLE Luncheon Series, Denver: Updated News from Lake Woesbegun OR Make It Lake WoesbeGONE? With Co-Presenter William Lucero, Presiding Disciplinary Judge, March 5, 2019, co-author of accompanying CLE publication.
  • Co-Author, “Capacity in the Probate Context: Pertinent Points of Law,” on-line article by Spencer J. Crona, Esq., David R. Struthers, Esq., Richard S. Spiegle, Psy.D., Sherene Stenger, Esq., Colorado Bar Association, Trust & Estate Section, Winter 2018
  • Presenter, 2018 Trust and Estate Fall Update, Denver: Ethics: Estate Planning for Clients with Diminished Capacity, with Co-Presenter Lynne Bruzzese, November 9, 2018, co-author of accompanying CLE publication
  • Presenter, 2018 Trust and Estate Retreat, Beaver Creek: When Your Friends are Close and Your Enemies Closer: The Ethics of Multi-Generational/Multi-Client Representation with Co-Presenters Nicole Brown and Spencer Crona, June 2018, co-author of accompanying CLE publication
  • Presenter, Trust and Estate Section, CBA, Spring Update, T&E Talks: The Importance of Cultural Competence in Your Estate Planning Practice, March 17, 2017, co-author of accompanying CLE publication
  • Presenter, Trust and Estate Section CLE Luncheon Series: Updated News from Lake Woesbegun, with Co- Presenter Hon. William Lucero, PDJ, November 1, 2016, co-author accompanying CLE materials
  • Presenter, 2016 Trust and Estate Retreat, Vail: Unconscious and Implicit Biases? NOT ME! Inclusive Not Exclusive Communication and Conduct or Why Certain Outspoken Politicos of Recent Fame Should NOT be Your Role Model, with Co-Presenter Melissa R. Schwartz, June 8, 2016, co-author of accompanying CLE publication
  • Presenter, Trust and Estate Section CLE Luncheon Series: News from Lake Woesbegun or the Good the Bad and the Ugly, with Co-Presenter Hon. William Lucero, Presiding Disciplinary Judge, September 1, 2015, co-author of accompanying CLE publication
  • Presenter, 2015 Estate Planning Retreat, Santa Fe: Ethics: Game of Groans – the North Wall of Malpractice, with Co-Presenter Mark Masters, June 11-13, 2015, co-author of accompanying CLE publication
  • Presenter, Trust and Estate Section: CLE Luncheon Series: Probate Litigation Depositions: not Your Grandmother’s PI Depo, March 4, 2014, co-author of accompanying CLE publication
  • Trust and Estate Section, Colorado Bar Association, Committee Work: including Continuing Legal Education, Uniform Trust Code, Probate Trial & Procedure, 2013 to present
  • Adjunct Faculty Member, nine years, Metro State College of Denver, Legal Liability for Physical Educators, Coaches, and Administrators, author of accompanying course materials, tests, class exercises, and interest- grabbing anecdotes, Fall 2005 to Fall 2013, Dr. Marc Rabinoff, Department Chair
  • Presenter, Subrogation Seminar, 2012, Colorado Trial Lawyers Association, March 9, 2012, topic: The Chekov- Liszt Approach to Subrogation – Real-Life Stories & Solutions, co-author of accompanying CLE publication
  • Guest Teacher, Water Law, Cherry Creek High School, AP Environmental Science class, 2008
  • Facilitator, Thirty-fifth Anniversary of the Block Plan celebration, Colorado College, Colorado Springs
  • Presenter, Author, Chairperson, “Colorado Civil Procedure” research, authorship of accompanying CLE materials, and lecture, Colorado Trial Lawyers Association Colorado Law Update Seminars, 1989-2002, Chair and Presenter, 1999 Seminar
  • Presenter, Author, “Evidence” chapter in Annual Survey of Colorado Law published by Continuing Legal Education in Colorado, Inc., 1994 through 1996
  • Presenter, “Evidence: Annual Survey” invited lecturer and case-law update author, 1996 Colorado State Judicial Conference, September 1996, Breckenridge, Colorado
  • Sole plaintiff’s attorney and presenter, “Fact, Fable or Fraud” annual conference of Rocky Mountain Chapter of International Association of Special Investigation Units, lecturer at full-day seminar and lawyer for mock trial, June 3, 1998, Denver, Colorado
  • Presenter, “Legal/Ethical Implications of the Standards of Practice for Case Managers” Case Management Society of America's Annual National Conference & Educational Forum, February 16, 1996, Anaheim CA
  • Civil Procedure and Discovery Editor, Trial Talk, official monthly journal of the Colorado Trial Lawyers Association, 1993-1997
  • Presenter and Panel Member “A Pain in the . . . (A Guide to Chronic Pain)” with ten physicians and other health care providers, sponsored by the Colorado Rehabilitation Insurance Nurses Group, April 19, 1996
  • Presenter, “Use of Exhibits” lecture given to students of the University of Denver School of Law, November 11, 1995. Occasional guest lecturer for Mr. Richard Greengard, Adjunct Professor, Civil Procedure
  • Presenter, “Careers in Law,” lecture given to students of Vantage Point Campus Alternative High School, Thornton, Colorado, December 6, 1994
  • Presenter, “The New Federal Rules of Civil Procedure,” outline and lecture as part of the National Federation of Paralegal Association, Inc.'s Annual Convention, May 13, 1994
  • Presenter, “The New Federal Rules of Civil Procedure,” chairperson of seminar, sponsored by Continuing Education Services, May 4, 1994, along with Ms. Elizabeth A. Starrs
  • Author, “Awards of Costs and Fees: Blessing or Curse,” 43 Trial Talk 23, January 1994
  • Author, Fogel, M., Metzner, J., and Struthers, D., “Psychiatric Disability Determinations and Personal Injury Litigation” chapter, Forensic Psychiatry: A Comprehensive Textbook, ed. by Dr. R. Rostner, Van Nostrand Reinhold, 1994
  • Presenter, “Trends in the Courts,” article authorship and lecture as part of the Symposium on Legal Liability of the Human Performance and Leisure/Recreation Professional, sponsored by Metropolitan State College, Director, Marc Rabinoff, Ph.D, November 12, 1993
  • Presenter and Panel Member, “Negotiations,” seminar panel member and accompanying article author, presented at the Denver SAFECO offices, Chair: Ms. Ann Kosewicz, September 30, 1993
  • Presenter and Author, “More Substantive Work, How to Get It,” article authorship and lecture as part of the Rocky Mountain Legal Assistants Association Spring Seminar, Chair, Ms. Eileen Siemek, May 15, 1993
  • Presenter and Author, “You and the Legal System,” article authorship and lecture at the University of Colorado Health Sciences Center for Ph.D. Candidates, Dr. Brent VanDorsten, April 12, 1993
  • Presenter, “Tort Reform or Deform,” debate for the Mile Hi Association of Life Underwriters, Chair, Doug Harrison, February 19, 1992
  • Presenter, “Torts,” multiple evening lectures at the Peoples Law School, 1990-1992
  • Author, “Recent Decisions on Depositions,” article authorship and lecture, Colorado Trial Lawyers Association, 1991