David has practiced law twenty years, first as a prosecutor, then in a large private law firm, defending tort claims. Since 1985 he has been able to choose his clients and has nearly always represented individuals, rather than governments or businesses. He has been recognized as a "Super Lawyer" in Washington state for 2003, 2004 and 2005 by Washington Law & Politics magazine.

Practice Emphasis: Child Abuse Law
David has handled child abuse cases for most of his career. In 1989 he defended at trial a 17-year-old boy accused of murder. He had shot his mother's boyfriend, a man who had been beating him for ten years. That became a landmark case, State v. Janes, 121 Wn.2d 220 (1993), when the Washington Supreme Court ruled the Battered Child Syndrome could support a defense.

David's decision to focus on child abuse cases came later, though. In 1995 he won the acquittal of a man charged with molesting two young girls, sparing him a likely 20-year prison sentence. Evidence against the man seemed overwhelming at times, but thorough investigation showed that the prosecutor's case rested on bad interviewing and lying.

That trial showed David how easy it is for an innocent person to be convicted, and to have his life ruined, by a false child abuse accusation. It also showed him that his particular strengths match the particular demands of child abuse cases. He has emphasized child abuse cases ever since.

Presentations
David Marshall has lectured extensively on legal issues relating to child abuse.

"Preparing for and Interviewing Child Witnesses," lecture and paper at the Washington State Bar Association's Eighth Annual Washington Criminal Justice Institute, Tukwila, Washington, September 21, 2001.

"Child Sex Abuse: Practical and Evidentiary Issues" workshop, facilitator at the Washington State Bar Association's Eighth Annual Washington Criminal Justice Institute, Tukwila, Washington, September 20, 2001.

"The Testimony of Child Witnesses in Investigations and Trials," lecture and paper at the Washington State Bar Association's Civil Litigation Institute, Seattle, April 5, 2001.

"Child Interviews: Critiquing Theirs, Conducting Yours," lecture and paper at the Washington Association of Criminal Defense Lawyers seminar "Sex Offense Defense," March 30, 2001.

"Cross-Examination of Law Enforcement: Making the Prosecution's Interviewer an Expert Witness for the Defense," lecture at the International Conference of the National Child Abuse Defense & Resource Center, Kansas City, Missouri, September 14, 2000.

"Forensic Interviews of Children," lecture and paper at the Juvenile Law Seminar, Oregon Criminal Defense Lawyers Association, Salishan, Oregon, March 31, 2000. "Strategies for Dealing with Child Witnesses," Washington Criminal Justice Institute, Bellevue, September 22, 1999.

Cross-examination lecture and demonstration, Harborview Medical Center Child Abuse Investigation and Interviewing Conferences, Tacoma, January 22, 1999; Seattle, May 21, 1999 and September 24, 1999; Everett, February 11, 2000. "Child Witness Statements in Sex Abuse Cases," presentation to the Seattle Forensic Institute, November 19, 1998.

"Defense Appellate Issues" and "The Wenatchee Child-Sex-Ring Lawsuits," lecture at "Bridging the Chasm: The Investigation, Prosecution and Defense of Child Sex Abuse Crimes," a professional seminar in Missoula, Montana, for lawyers, psychologists, social workers, and police, November 7, 1998.

"Wising Up After the Wenatchee Witch-Hunt: Cases and Strategies," lecture at the Washington Association of Criminal Defense Lawyers seminar "Sex and Violence," April 10, 1998.

"Voir Dire," Washington State Trial Lawyers Association CLE seminar on jury selection, November 1995.

"On Your Feet: Oral Advocacy in Court," annual meeting program for the Washington Association of Criminal Defense Lawyers, June 1995, program chair.

"Unleashing the Advocate Within: Using Theater Techniques to Command Jurors' Attention and Emotions," annual meeting program for the Washington Association of Criminal Defense Lawyers, June 1994, program chair.

"Prosecutorial Misconduct," lecture delivered at two 1991 seminars at the Washington State Trial Lawyers Association, including its year-end "Best Sellers" seminar. "Suppressing Evidence," Washington Association of Criminal Defense Lawyers seminar, April 1990. Seattle program chair and speaker on the "fruit of the poisonous tree" doctrine.

"Smashing the Prosecution Case," Washington Association of Criminal Defense Lawyers seminar, November 6, 1987, Seattle program chair. International Conference of Bicycle Program Professionals, Seattle, Washington, September 14-17, 1986. Moderator, seminar on tort liability related to bicycle facilities and events, speaker, accident investigation and litigation.

"Civil Rights Liability of Police Officers," training sessions of troopers of the Washington State Patrol, May 1984.

"Jury Considerations in Prosecution," Washington State Trial Lawyers Association CLE seminar on jury work, April 1983.