Bio

Brian Kirby is a fourth-generation, seasoned attorney and partner at Boyce Law Firm with over three decades of legal expertise. He holds a Bachelor of Science degree in economics from Arizona State University, a Juris Doctorate from the University of South Dakota School of Law, and a Master of Business Administration from the University of South Dakota.

He specializes in corporate and business law, mergers and acquisitions, criminal law, litigation, and trusts and estates. His extensive experience includes successful representation in many high-stakes cases such as complex business disputes, criminal defense cases, trust and will contests, and more.

Brian provides legal guidance to corporations and business entities and advises family-run and private businesses on various legal matters. He also assists a diverse range of individuals, from young entrepreneurs to high net-worth individuals, in matters such as business succession planning, estate and trust planning, guardianships and conservatorships, and employment issues.

Brian has formed and maintained numerous corporations, limited liability companies, partnerships and other entities, and completed successful mergers, acquisitions, spin-offs, and outright sales and purchases. He has created shareholder agreements, buy-sell agreements, professional service agreements, employee stock purchase option plans, and other critical business documents.

With his depth of knowledge and experience, Brian is an excellent choice for anyone seeking legal assistance in the areas of corporate and business law, mergers and acquisitions, criminal law, or trusts and estates.

Practice Areas

Administrative Law

• Regulated Professions and Occupations

Business and Transactions

Criminal

• State and Federal Criminal Defense
• Felonies and Misdemeanor offenses including:
  • Drug Offenses
  • DUI
  • Weapon Violations

Employment

• Employment Law
• Employment Agreements and Severance
• Covenants Not to Compete, Non-Solicitation Agreements and Non-Disclosure Agreements

Family Law

• Pre and Postnuptial Agreements

Litigation

• Business Disputes
• Employment, Guardianship and Conservatorship Disputes
• Trust Disputes
• Will Contests

Real Estate

Trusts and Estates

Professional and Community

• National Association of Estate Planners & Councils (NAEPC): Accredited Estate Planner (AEP) and Current AEP Subcommittee, Member
• South Dakota State Bar Association: Real Property, Probate and Trust Division, Member and Past Chair; Current member of the South Dakota State Bar Business Law, Elder Law Committees and the Real Property, Trust & Probate Division Committee, Past Member; Lawyer Referral Committee, Member
• Sioux Falls Estate Planning Council: Current Member, President, 2011-2012
• American Bar Association: Member
• Second Judicial Circuit Bar Association: Current Member, Past President, 1999-2000
• United States District Court for the District of South Dakota – Southern Division
• United States Court of Appeals for the 8th Circuit

Awards and Recognitions

• Chambers USA, Real Estate Law, Corporate Commercial
• Accredited Estate Planner AEP® from the National Association of Estate Planners & Councils
• Recognized by the National Academy of Criminal Defense Attorneys as a “Top 10 Criminal Defense Attorney in South Dakota”
• Great Plains Super Lawyers (2012-2024)
• Martindale-Hubbell – Distinguished Award

Publications and Presentations

Publications

• Legal Case note published, Vol. 33, Issue 1, South Dakota Law Review
• Lead Article published, Vol. 36, Issue 3, South Dakota Law Review
• Lead Article published, Vol. 44, Issue 2, South Dakota Law Review
• Numerous Articles for Trade Publications and Newspapers

Presentations

Brian Kirby has participated in well over 100 speaking engagements. Here are some of the highlights:

2022: “Hunting Land Uses – Protections For The Owner”

2022: Cortrust Bank Seminar – “Estate Planning – Tools Of The Trade”

2022: Prairie Family Business Association – 3 Day Family Business Retreat in Gettysburg, SD

April 2019: Prairie Family Business Association Annual Conference in Sioux Falls, SD – “Business And Succession Planning For Family Businesses”

April 2018: Prairie Family Business Association Annual Conference in Sioux Falls, SD – “Top Items To Include In Employment Manual”

April 2017: Prairie Family Business Association Lunch & Learn Webinar – “The Role Of A Trust In Your Succession Plans: How Do You Prepare Your Heirs?”

February 2017: South Dakota State Bar, Young Lawyer’s Section – “Ethics, Tips & Tricks When Working With Pro Se Litigants”

February 2017: Seminar – “Special Needs Trusts”

2017: Prairie Family Business Association – “Sweat Equity: How To Treat Those Working In The Business Versus Those Not Working In The Business”

September 2016: Association – North Dakota Forum in Moorhead, MN

August 2016: “Discovery, Subpoenas, And Protective Orders”

April 2016: Prairie Family Business Association Annual Conference – “Key Advisor Panel”

March 2016: Seminar – “Record-Keeping And Providing Information To Beneficiaries”

November 2014: Prairie Family Business Association Regional Conference in Moorhead, MN – Estate And Business Succession Planning Seminar

March 2014: Prairie Family Business Association Annual Conference in Sioux Falls, SD – Estate And Business Succession Planning Seminar

2012: South Dakota Cattlemen’s Association – Business And Estate Planning Seminar

April 2012: Sioux Empire Estate Planning Council – Dynasty Trust Seminar

January 2012: SD Funeral Directors Association – Business And Estate Planning Seminar

January 2012: National Business Institute – “Business Contracts: A Through Z”

1999-Present: Numerous Estate And Business Succession Planning – Business Education Seminars To Various Organizations And Individuals