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David Baer, Nutter McClennen & Fish LLP Photo

Overview

David W. Baer is a partner in Nutter’s Private Client Department. With more than four decades of experience in complex litigation, he represents individuals, nonprofits, and financial institutions in a broad array of trust and estate matters, including will and trust contests, fiduciary litigation, distribution disputes, financial elder abuse, spousal property claims, and no contest clause claims.

David primarily focuses on probate court litigation, and he also has a wealth of experience in related trust and estate matters, including real estate, tax, corporate, and partnership law. He regularly represents clients in trying and appealing cases. Drawing on his skill in negotiating and drafting complex multi-party settlements, David’s practice also encompasses serving as a mediator, litigation consultant, and expert witness at trial.

A leader in the legal industry, David is involved with numerous professional organizations, including:

  • American College of Trust and Estate Counsel, Fellow
  • State Bar of California, member, Trusts and Estates Executive Committee (2006-2012); chair, Litigation Subcommittee (2008-2012); chair, California Law Revision Commission Committee (2008-2012)
  • Alameda County Superior Court, probate mediation panelist
  • Bar Association of San Francisco, member, Estate Planning, Probate and Trust Litigation Subsection
  • Contra Costa County Bar Association, member, Estate Planning & Probate and Seniors Sections
  • East Bay Trust and Estates Lawyers, board of directors (2012-2015)
  • Marin County Bar Association, member, Probate Law Section
  • San Francisco Superior Court, probate mediation panelist
  • California Conference of Bar Associations, past delegate
  • Cambridge Forum on Private Wealth Litigation, invitee, participant (2019, 2021, 2023-2025)

In addition, David co-authored California Trust Litigation, Matthew Bender’s practice guide. His chapter on contesting and defending the validity of trust instruments is the definitive resource on this topic for attorneys practicing in California. David frequently writes and presents on a wide arrange of trusts and estates topics, such as probate litigation, estate planning, financial elder abuse, and more.

News & Insights

Honors

Honors

  • State Bar of California Board of Trustees, Wiley W. Manuel Pro Bono Award, 2006, 2016
  • Northern California Super Lawyers, 2006-2008, 2014-2025

Education & Admissions

Education

University of California College of the Law, San Francisco, J.D., Order of the Coif
Reed College, B.A.

Admissions

  • California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. Tax Court

Industries

Industry Expertise

David co-authored California Trust Litigation, Matthew Bender’s practice guide. His chapter on contesting and defending the validity of trust instruments is the definitive resource on this topic for attorneys practicing in California.

Noteworthy

  • State Bar of California Board of Trustees, Wiley W. Manuel Pro Bono Award, 2006, 2016
  • Northern California Super Lawyers, 2006-2008, 2014-2025
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