David W. Baer
Top rated Estate & Trust Litigation attorney in Orinda, California
Practice Areas:
Estate & trust litigation,
Alternative dispute resolution,
Appellate
Education Qualification:
University of California College of the Law, San Francisco
Practice Areas:
Estate & trust litigation,
Alternative dispute resolution,
Appellate
4 Orinda Way Suite 200-DOrinda, California, 94563
First Admitted: 1981, California
Professional Webpage: https://hbzvlaw.com/attorney/david-w-baer/
Bar/Professional Activity:
- Former California Conference of Bar Associations, Delegate
- San Francisco Superior Court, Probate Mediation Panelist
- Marin County Bar Association, Probate Law Section, Member
- Contra Costa County Bar Association, Conservatorship/Guardianship, Probate & Trust Section, Member
- Former Board Member of East Bay Trust and Estates Lawyers
- United States Court of Appeals for the Ninth Circuit
- Bar Association of San Francisco, Probate and Trust Law Litigation Section, Member
- Alameda County Superior Court, Probate Mediation Panelist
- United States Tax Court
- United States District Court for the Eastern District of California
- United States District Court for the Northern District of California
- United States District Court for the Central District of California
- State of California
- Member, Executive Committee, Trust and Estate Section California State Bar, Chairman, Litigation Subcommittee 2008-Chairman, California Law Revision Subcommittee 2008-2012, 2007
Verdicts/Settlements (Case Results):
- Bonanno v. Central Contra Costa Transit (2001) 30 Cal.4th 139, 2001
- Sutton v. Golden Gate Bridge Highway and Trans. (1998) 68 Cal.App.4th 1149, 1998
- Lombardo, et al. v. Huysentruyt (2001) 91 Cal.App.4th 656, 2001
- Murphy v. Murphy (2008) 164 Cal.App.4th 376, 2008
- Doolittle v. Exchange Bank, (2015) 241 Cal.App.4th 529, 2015
- Boys and Girls Club of Petaluma v. Walsh, et al. (2008) 169 Cal.App.4th 1049, 2008
Pro bono/Community Service:
- State Bar of California Board of Trustees, Wiley W. Manuel Pro Bono Award, 2016
- State Bar of California Board of Trustees, Wiley W. Manuel Pro Bono Award, 2006
Honors/Awards:
- Order of the Coif (12th in class of over 500 students), University of California, Hastings College of Law
- Northern California SuperLawyers, San Francisco Magazine, 2006-2008, 2014-2016
- State Bar of California Board of Trustees, Wiley W. Manuel Pro Bono Award, 2006, 2016
- Thurston Honor Society, University of California, Hastings College of Law, 1981
Educational Background:
- Reed College, Honors Thesis, B.A., 1978
Scholarly Lectures/Writings:
- How to Manage Client Expectations in Probate and Trust Litigation, Alameda County Bar Association, September 2010
- Claims By Nonclients Against the Estate Planning Attorney, Trusts and Estates Section of the Bar Association of San Francisco, June 2005
- Residents’ Charitable Requests: Can They Hold up in Court?, Teaching Services of California, May 2007
- Management of Fiduciary Real Estate: Taming an Unruly Asset Class, East Bay State Planning Council, September 2007
- Avoiding Pitfalls in the Probate Code, 80th Annual Meeting of the State Bar of California, September 2007
- Financial Elder Abuse, Continuing Education of the Bar, July-August 2008
- The Demise of the No Contest Clause in California Is Not Greatly Exaggerated, Marin County Bar Association, October 2008
- Probate Code Section 21350: What Does It All Mean?, The 32nd Annual UCLA/CEB Estate Planning Institute, May 2010
- Whether, When and How to Litigate, Northern California Planned Giving Counsel, June 10, 2010
- When Boilerplate Leads to Disaster, 83rd Annual Meeting of the State Bar, September 2010
- Probate Litigation for the Uninitiated, State Bar of California, June 2012
- Problems Created by Gifts to Caregivers/New Rules Governing Certificates of Independent Review, The Southern California Tax & Estate Planning Forum, October 2010
- Disqualified Transferee/Care Custodian Statutes, Marin County Bar Association, May 2011
- Hot Topics in California Trust Litigation, San Francisco Bar Association, May 2011
- The Difference Between Civil Litigation and Probate Litigation, Sacramento County Bar Association, June 2011
- Ethical Concerns of Estate Planning for the Elder, Legal Aid for Seniors, May 2012
- Trust Litigation 2.0, The Southern California Tax & Estate Planning Council, June 2012
- A Practitioner’s View on the Proposal to Abolish No-Contest Clauses in California, Trusts and Estates Quarterly, Fall 2004
- Competently Litigating Competency In Trust and Estates Matters, State Bar of California, September and October 2012
- Everything You Always Wanted To Know About Litigating Capacity In Trust And Will Contests, But Forgot To Ask, Bar Association of San Francisco, Part I, December 2012
- Everything You Always Wanted To Know About Litigating Capacity In Trust And Will Contests, But Forgot To Ask, Bar Association of San Francisco, Part II, January 2013
- The Growing Epidemic of Elder Financial Abuse, Commonwealth Club of San Francisco, February 2014
- Trust Litigation 2014, The Southern California Tax & Estate Planning Forum, May 2014
- Financial Elder Abuse: Undue Influence, Behavioral Sciences and Community, Dental Education University of California School of Dentistry, San Francisco, September 2014
- Neuropsychological and Legal Consideration in Elder Abuse Cases, University of California, San Francisco, January 2015
- Case Evaluation: Strategy, Assessing the Merits, Assessing the Client, Southern California Tax & Estate Planning Forum, April 2015
- Trust Contest: Incapacity, Disqualified Donee, Mistake/Forgery, No Contest Clause, Southern California Tax & Estate Planning Forum, April 2015
- Section 17200 Petitions: For Modification/Termination of Instrument, Southern California Tax & Estate Planning Forum, April 2015
- Capacity Standards and Their Implications, Golden Gate University School of Law and San Francisco Estate Planning Council Symposium, October 2015
- Planning for Incapacity: A Financial Planners Guide, FPA NorCal Conference, San Francisco, May 2016
- Chapter 5, Contesting and Defending Validity of Trust or Trust Amendment Under Probate Code § 17200, Matthew Bender Practice Guide: California Trust Litigation, 2015
- When Is the Estate Planning Attorney Subject to a Malpractice Claim by a Nonclient Beneficiary?, Trusts and Estates Quarterly, Spring 2006
- Speak Now or Forever Hold Your Peace: A Legislative Proposal for Collateral Estoppel of Substituted Judgment Orders, Trusts and Estates Quarterly, Summer 2006
- Wake-Up Call, Trust & Estates Magazine, August, 2008
- Chapter 6A, Statutorily Disqualified Donees and Trustees, California Trust and Probate Litigation (CEB 2015)
- Chapter 560A, Trusts: Creation, Validity, Trust Contests, California Forms of Pleading and Practice, Matthew Bender, 2015
Industry Groups:
- Banks
- Individuals
- Non-Profits
- Trust Companies
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