Senior & Managing Attorney
David has litigated numerous cases in federal and state courts and before the 2nd and 11th Courts of Appeals as well as the Alabama Supreme and the Alabama Court of Civil Appeals. He regularly lectures on topics pertaining to ERISA and employee benefit litigation, both for continuing legal education seminars as well as to other organizations and groups. David has handled ERISA claims since 1992, and the overwhelming majority of his practice has focused on ERISA cases since 1999.
David has practiced law in Tuscaloosa for over 30 years. He first worked as a clerk and then associate before working his way up to shareholder with both McElvy & Ford, P.C., and Ford Martin & Abernathy, P.C. in Tuscaloosa. He started The Martin Law Group, LLC., in 2007.
David has been named by U.S. News and World Report's Best Lawyers as Lawyer of the Year for 2025. He has been named by Alabama Super Lawyers Magazine as one of the top attorneys in Alabama in the area of employee benefits/ERISA law. He has also been selected by Strathmore's Who's Who World Wide as Professional of the year in the area of law-employee benefits. David has been consistently rated a Best Lawyer in the area of ERISA – Litigation.
EDUCATION
J.D., University of Alabama School of Law (1992)
- Graduated in Top 10%
- Order of the Coif
- Hugo Black Scholar
- Board of Editors, Journal of Legal Profession
University of Houston at Clear Lake (1987)
- Graduated magna cum laude
LICENSED IN
Alabama (1992)
ADMITTED IN
- U.S. District Court, Southern District of Alabama
- U.S. District Court, Middle District of Alabama
- U.S. District Court, Northern District of Alabama
- U.S. Court of Appeals, 11th Circuit
- U.S. Court of Appeals, 2nd Circuit
- U.S. Court of Appeals, 5th Circuit
PROFESSIONAL & COMMUNITY ACTIVITIES
- Member, Alabama State Bar
- Member, Tuscaloosa County Bar Association
- Board President, FOCUS on Senior Citizens
- Alabama State Bar Volunteer Lawyers Program
- Board of Editors, The Alabama Lawyer
- Chair, Task Force on Alternative Methods of Dispute Resolution, Alabama State Bar
PUBLISHED WORKS
- “Taking Benefits Back: Reimbursement under ERISA”, 69 Alabama Lawyer 1, January 2008
- “Obtaining Neuropsychological Test Date: Why Is This So Hard,” (Co-Author), 68 Alabama Lawyer 216, May 2007
- “Unraveling ERISA Civil Penalties,” (Co-Author), 68 Alabama Lawyer 2, March 2007
- “Let Go of the Peanuts,” Alabama State Bar Addendum, August 2006
- “The Subtle Snake: Long Term Disability Under ERISA,” 66 Alabama Lawyer 279, July 5, 2005
- “Overcoming Disadvantages in Proving Medical Damages in Personal Injury Cases,” 23, Number 2, Alabama Trial Lawyers Journal 27, Spring 2003
- “Overcoming Deposition Jitters,” Alabama State Bar Addendum, February 2003
- “Take Another Good Look at Those ERISA Cases,” Alabama State Bar Addendum, Volume 7, Number 5, August 2002
- “File Retention Nightmares in the Small Firm,” Alabama State Bar Addendum, Volume 7, Number 3, April 2002
- Editor, Manual for Mediation for the Alabama Task Force on Mediation, 1996
- “The Birth of Jim Crow in Alabama 1865-1896″, The National Black Law Journal, 184, Volume 13, Numbers 1 & 2, 1993
- “The Metamorphosis of Contributory Negligence to Assumption of Risk in AEMLD Cases”, 12, Number 4, Alabama Trial Lawyers Journal 20, Fall 1992
- “Communication with Unrepresented Potentially Adverse Persons”, Volume 16, The Journal of the Legal Profession 251, 1991
CLASSES/SEMINARS
- Presenter, “Representing Plaintiffs in Health Care Claims,“ Birmingham Bar, 2012
- Presenter, ERISA Litigation Practical Advice for a New Practice, Georgia State Bar Employee Benefits Law Section for the Seminar, 2011
- Presenter, Subrogation Claims: Views from the Plaintiff and Defense Bars, Continuing Legal Education Presentation, 2011
- Presenter, “Discretionary Clauses in Alabama: The History and Present Litigation,“ Birmingham, AL , 2010
- Panel Discussion, Sticky and Ethical ERISA Issues, 2010
- Host and Presenter of the ERISA Litigator's Group Seminar, Plaintiff and Defense Attorney's Birmingham, AL, 2010
- Television Appearance on Law Call- Employment Law issues, One-Half Hour Program at Television Station WVUA, 2010
- Presenter, “Spotting ERISA and other Employee Benefit Cases,“ Worker's Compensation Law Seminar, Birmingham, AL, 2010
- Presenter, “ERISA/Subrogation Issues.“ Workers' Compensation Law Seminar, 2009
- Presenter, “What Every Lawyer Needs to Know About… ERISA.“ Tuscaloosa County Bar Association, 2008
- Television Appearance on Law Call- Losing Your Employee Benefits, One Half Hour Program on Television Station WVUA, 2008
- Presenter, Workers' Compensation from the Plaintiff's Perspective – Portion of Seminar Dedicated to ERISA, Alabama Trial Lawyers Association, 2006
- Presenter, “Handling the Automobile Injury Claim in Alabama.” National Business Institute, 2004
- Presenter, “Damages in Alabama Civil Trial Practice.“ National Business Institute, 2003
Recent Blog Posts
Key To Subrogation Issues -What Does the Policy Say?
The FLSA Games
Striking out with the FLSA Discovery Game
Can an Entity Assert an Americans with Disabilities Act Claim?
Is Accidental Death Insurance a Waste of Money? It Might Be
Recommendations
- How respectful and friendly the Martin Law Group was and how quick to respond to any question I had. I was treated as a person, not a number. I was shown compassion for my illness.
- You all kept in contact with me and continued to let me know the status of my case. My experience was positive because you all informed me about everything and you all was concerned and showed interest in my case.
- My experience was extremely positive. I cannot say enough how grateful I am for your tremendous knowledge and effectiveness at handling my claim. I would hand out flyers if you asked me to.
- I liked that your law firm actually explained everything in layman's terms and not in legal terms. I like that you treated, not only me, but everyone with respect.
- The Martin Law Group kept me well-informed about my case and when I called about a question, it was answered.
- I want to take this opportunity to say THANK YOU for all you have done to help to retrieve our retirement funds. You have treated me with so much respect and concern that I feel so privileged to have been able to be included in your efforts to try to make sure the right thing was done for your cl...
- I felt supported each step of the way and knew what was going on. I appreciated how the communication and scheduling of representation was handled.
- Professionalism and kindness every time we talked from everyone.
- In response to the survey question – If there is one thing you appreciated about our representation, what would that be? That you seem to have a real heart for those you help.
- The communication. I was informed every step of the way. I really appreciated that. Immediate response to all questions and fast return to all phone calls.
- I don't think there could be any improvements. Your firm is courteous, well informed, and prompt. You kept me informed at all times. I would and “have” referred your firm to others.
- I can only write that I was glad to be introduced to your law firm by an attorney.
- I brought my legal issue to you and your firm and left them with you to handle. I did nothing else except wait to hear from you and your very professional staff. I knew when I left I had nothing to worry about. You and your staff had everything under control.
- There is no one thing, I appreciated all that you done, your professionalism and understanding because the results at the end would not have been possible without your help. My experience was a positive one, and if I ever need help again, I will definitely call upon your law firm.
- I really appreciated the honesty about realistic expectations. After looking through some of your responses, I was brought to tears over the way you defended me w/o hesitation and with great detail in reasons why. It is so nice that you realize I have tried to get better and I am not a drug addic...
- I thought you were very professional and competent. You were kind and polite and took time to explain things to me that I didn't understand. I feel like I was your most important client and that you appreciated my business.
- Professional! Knowledgeable! Accessible! Personable! Time Conscious! All the things one would want in a law firm.
- Thank you so much for your work on our behalf! Words are not enough. It's nice to know that The Martin Law Group is out there working for the working folks and seeing to what is rightfully theirs!
- The Feeling that I (my case) really mattered, was legitimate and this confirmed with me that I made the right choice. My attorney always made me feel comfortable and I felt she truly cared. I appreciate that. Again, I have no complaints. Nothing but praise for each and every staff member I intera...
- Your professionalism and the letter keeping me informed of my case as well as the phone conferences were the things I appreciated about your representing me. Thanks to all for your kindness and help and encouragement with hope.
- The courtesy and response time when calling the office was one thing that I appreciated about being represented by The Martin Law Group. Concerns were always addressed. It was a very positive experience.
- I contacted the Martin Law Group, LLC for assistance with insurance claim filings. Throughout the process, David Martin provided sound advice and prudent suggestions that greatly streamlined the process and lead to a favorable outcome. I recommend his services with no reservations.
- I truly appreciate the honest and upfront dialogue. I appreciate the fact that we never went very long without an update. Even if there was no news, we would still receive an e-mail stating that we were still on track. I appreciate the fact that you had enough integrity to see this through. Each ...
- The communication is what I appreciated the most. I was informed every step of the way. I really appreciated that.
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“From start to finish, you stayed on top of any issues regarding our case.”
From start to finish, you stayed on top of any issues regarding our case. We were always kept informed as to what was happening and would happen. We hired you as our law team, and you ended up ot only winning our case but becoming our friends. -
“Ferocious litigator with incredible tenacity & determination to fight for his clients' rights””
My experience with The Martin Law Group, LLC was excellent! I am so pleased with their efficiency, kind courteous service and outstanding professionalism. Mr. Martin is a ferocious litigator with incredible tenacity and determination to fight for his clients' rights. His staff kept me appraised e... - “Very understanding, fast and efficient”
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“Everyone I worked with was friendly, helpful, and returned my calls””
Everyone I worked with was friendly, helpful, and returned my calls in a timely manner if they weren't available when I called. -
“the respectfulness and generosity that I was given each time I spoke with someone”
I loved the respectfulness and generosity that I was given each time I spoke with someone. - David knows what he is doing. He knows ERISA. If you have an ERISA case hire him today.
- Ariel's ability to explain the options and to help me know what is the best option for me.
- My experience with the Martin Law Group and all of its employees and outside representatives was extremely positive. David Martin's analysis of my case was correct from the outset. His explanations and predictions as to how the defendant would respond was also accurate. We would see resistance to...
- The firm took control of my claim and handled it within months. I was amazed that I could talk directly to lawyer David and his assistant Patrick. They were serious about their job and they got the job done.
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“This firm is extremely well run, professional, and they go the extra mile for their clients.””
My experience with David Martin and The Martin Law Group has been outstanding. This firm is extremely well run, professional, and they go the extra mile for their clients. - Much of what attorneys do is unseen, and therefore, unappreciated. Thanks so much for letting us know what was happening and what you were doing. It made a real difference in how we perceived your firm and your work for us.