David A. Baker serves as head of the Firm’s Estate, Trust and Guardianship Controversy Practice Group. He advises clients in the areas of estate, trust and guardianship litigation; probate, estate, trust and guardianship administration; and charitable foundation and exempt organization administration and litigation. He also practices estate planning.
David founded the Firm’s Estate, Trust and Guardianship Controversy practice more than 30 years ago. He leads a group of private client and litigation attorneys who, together, have 80 years of experience in this unique field, one that combines substantive property law and tax background with litigation skills. David and this group have achieved attention-getting results in high-profile matters involving defense of fiduciaries in investment and general liability cases, defense of fiduciaries in will and trust contests, and other diverse matters, including the highest-exposure transfer tax litigation cases in the United States. Representative matters include the following:
David also handles appellate cases, and was the lead counsel on 10 published opinions in the courts of Illinois, Indiana and Michigan, including Americans for the Arts v. Ruth Lilly Charitable Remainder Annuity Trust No. 1, 855 N.E. 2d 592 (Ind. Ct. App. 2006), a leading case on a trustee’s duty to diversify investments
David has authored articles and outlines for the American College of Trust and Estate Counsel (ACTEC), the Illinois Institute of Continuing Legal Education (IICLE) and the Chicago Bar Association, as well as for the Probate and Property Journal of the American Bar Association. He is the editor and primary author of the 2002 edition of the IICLE’s Handbook on Estate, Trust and Guardianship Litigation (formerly Contested Estates), which he organized, authored and edited as a new publication for IICLE. He also speaks before these organizations on topics including contested estates, trusts and guardianships, estate planning and tax litigation. In law school, David served as an associate editor and contributor of the Loyola University of Chicago Law Journal.
Frequent speaker for Chicago Bar Association, Illinois Institute on Continuing Legal Education and local Bar Associations regarding estate, trust and foundation administration and litigation involving estates, trusts and guardianships.
Education
Loyola University of Chicago School of Law, JD, cum laude, 1979,
University of Illinois at Urbana-Champaign, BA, with honors, 1976
Admissions
Illinois
New York
Arizona (pro hac vice)
California (pro hac vice)
Delaware (pro hac vice)
Indiana (pro hac vice)
Ohio (pro hac vice)
Massachusetts (pro hac vice)
Minnesota (pro hac vice)
Wisconsin (pro hac vice)
Courts/ Agencies
US District Court for the Northern District of Illinois
US Tax Court
Illinois Supreme Court
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London / Accolades & Rankings / September 26, 2019
24 McDermott Lawyers Recognized In Chambers High Net Worth Guide
Press Releases / September 26, 2017
McDermott’s Private Client Practice Named “Market Leader” in Chambers 2017 High Net ...
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Chicago / Press Releases / June 30, 2016
McDermott's Private Client Practice is Top-Ranked by Chambers High Net Worth 2016 Guide
Tax Notes / State Tax Today / September 30, 2015
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Accolades & Rankings / May 27, 2014
McDermott Continues to Earn Top Rankings in Chambers USA 2014
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