Admissions

State of Colorado

State of Texas

United States District Court: Colorado, Western District of Texas, Southern District of Texas

Education:

The University of Texas School of Law, J.D., 1995.

Texas A&M University, B.S. Economics, magna cum laude, 1992.

For over 14 years, Scott Baker has counseled and represented businesses—from Fortune 100 companies to sole proprietorships—in matters that are in or that may be headed toward litigation. He has also represented individuals, public schools, and religious entities. Each case, and the client’s goal for the case, is unique. Mr. Baker works with his clients to understand their goals and objectives and how best to achieve them.

Sometimes a client’s objectives are best served by negotiation, alternative dispute resolution, and creative solutions. Throughout his career, Mr. Baker has strived for and has achieved cost-effective solutions and results for his clients through negotiation and alternative dispute resolution. Mr. Baker has successfully resolved through mediation numerous cases for his clients.

But litigation and trial sometimes are necessary, and negotiations are most effective when a lawyer has the willingness and ability to litigate and try the case. Mr. Baker has extensive experience successfully litigating his clients’ cases through written and oral advocacy in the trial and appellate courts. In 2007, he was recognized by the Texas Super Lawyers publication as a “Rising Star” in general litigation. Brief descriptions of some of Mr. Baker’s cases and litigation results are discussed below.

Before attending the University of Texas School of Law, Mr. Baker graduated magna cum laude from Texas A&M University, where he studied economics. While in law school, Mr. Baker served as research assistant to Professor Charles Alan Wright, one of the country’s preeminent authorities on the federal courts and constitutional law and the creator and author of FEDERAL PRACTICE AND PROCEDURE, a treatise that is a staple in law libraries across the nation. Also during law school, Mr. Baker served as a judicial intern at the Texas Supreme Court.

Mr. Baker is licensed to practice in both Colorado and Texas. For the first 13 years of his career, Mr. Baker practiced at McGinnis, Lochridge & Kilgore, LLP, one of the largest, oldest, and most respected law firms in Austin, Texas. He relocated his practice to Denver, Colorado and joined the Yates Law Firm, where he represents clients in Colorado, Texas, and in other jurisdictions across the country. Mr. Baker’s dual licensure in Colorado and Texas and familiarity with both jurisdictions allows him to assist Colorado clients and counsel who have cases in Texas or issues involving Texas law, as well as Texas clients and counsel who have cases in Colorado or issues involving Colorado law. He is available to work with other lawyers as local counsel or co-counsel.

Mr. Baker has litigated cases involving a wide variety of subject matters. Some of those matters include:

• Yates Law Firm obtained a take-nothing summary judgment for its client, a major property insurer, against a plaintiff who sought approximately $30 million for alleged property damage. The plaintiff appealed that judgment. Mr. Baker wrote the appellate brief and argued the case to the Texas Fourth Court of Appeals in support of the trial court’s judgment. The appellate court affirmed the trial court’s decision in its opinion cited as CWCapital Asset Mgmt. LLC v. Wausau Bus. Ins. Co., No. 04-08-00457-CV, 2009 WL 1900413 (Tex. App.—San Antonio July 1, 2009, no pet.) (mem. op.). The opinion can also be viewed here.

• Mr. Baker was trial court counsel for a national fundraising company that sought and obtained an injunction against the Texas Comptroller over its sales tax policy involving brochure fundraising. The Texas Third Court of Appeals quoted Mr. Baker’s cross examination in its opinion that affirmed the trial court’s orders. See Combs v. Entm’t Publ’ns, Inc., 292 S.W.3d 712 (Tex. App.—Austin 2009, no pet.). The opinion can also be viewed here.  Mr. Baker has also negotiated favorable resolutions for other clients against whom the Comptroller had obtained default judgments for sales and franchise taxes before Mr. Baker’s representation began.

• Mr. Baker negotiated through mediation a substantial settlement for his client, a media company that suffered a fire loss of over $6 million that was not fully covered by its property insurance program. Mr. Baker’s client sued its broker for negligence and other claims relating to the analysis, recommendation, and procurement of the property insurance program.

• Mr. Baker wrote the trial and appellate court briefs to successfully challenge a court’s personal jurisdiction over a major national trade association, which was dismissed from the case. The Texas Third Court of Appeals upheld the trial court’s decision in the opinion cited as Botter v. Am. Dental Ass’n, 124 S.W.3d 856 (Tex. App.—Austin 2003, no pet.). The opinion can also be viewed here.

• Mr. Baker prepared the successful brief in support of an injunction, pursuant to the Americans with Disabilities Act, to allow a disabled golfer to try to qualify for the U.S. Senior Open.  An article about that case can be viewed here.

• Mr. Baker negotiated a settlement of over $1 million on behalf of a real estate development company that sued to enforce its rights to purchase a large commercial lot. He has also successfully negotiated resolutions to other commercial real estate purchase and lease disputes, including disputes between commercial landlords and tenants.

• Mr. Baker represented in probate court a client who sought to probate her father’s will and whose adversary filed a will contest alleging, among other things, that the will was a forgery, that the testator lacked testamentary capacity, and that the testator had undue influence exerted on him to prepare and execute the will. The probate court granted the summary judgment motions that Mr. Baker prepared and argued, and it admitted the will to probate. The court ordered that the will contestant take nothing. The Texas Third Court of Appeals quoted Mr. Baker’s cross examination in its opinion that affirmed the probate court’s judgment. That opinion is cited as Pool v. Diana, No. 03-08-00363-CV, 2010 WL 1170234, (Tex. App.—Austin March 24, 2010, pet. denied) (mem. op.) (Patterson, J., concurring and dissenting on additional sanctions imposed by appellate court). The opinion can also be viewed here.

• In another will contest case, Mr. Baker represented a party who challenged the validity of a will. He negotiated through mediation a successful resolution to that suit.


• Mr. Baker has represented religious entities in misconduct claims and with other issues involving the First Amendment and religion.

• Mr. Baker has represented public school districts in employment litigation and in a matter involving the First Amendment and religion.

• Mr. Baker has represented clients in administrative matters, including negotiating a favorable resolution for a national funeral home company from which a state agency sought administrative penalties of several hundred thousand dollars.

• Mr. Baker prevailed upon a motion for summary judgment that he prepared and argued for the benefit of his client, a landowner who was sued for several million dollars as a result of a livestock/automobile collision. The court agreed that the landowner owed no duty to the plaintiff.

• Mr. Baker has substantial experience with litigation involving trusts and other fiduciary litigation. He has represented trustees, executors, and a charitable foundation, and has negotiated favorable resolutions for his clients involved in those types of cases.

• Mr. Baker has also litigated and resolved disputes involving construction equipment, “business divorces” (disputes between business partners), derivative shareholder claims, consumer protection statutes, telecommunication billing disputes, and many cases involving contract interpretation and breaches of various types of contracts.

Reported cases:

Pool v. Diana, No. 03-08-00363-CV, 2010 WL 1170234, (Tex. App.—Austin March 24, 2010, pet. denied) (mem. op.) (Patterson, J., concurring and dissenting on additional sanctions imposed by appellate court).  Trial court counsel.

CWCapital Asset Mgmt. LLC v. Wausau Bus. Ins. Co., No. 04-08-00457-CV, 2009 WL 1900413 (Tex. App.—San Antonio July 1, 2009, no pet.) (mem. op.). Appellate court counsel.

Combs v. Entm’t Publ’ns, Inc., 292 S.W.3d 712 (Tex. App.—Austin 2009, no pet. h.). Trial court counsel.

In re Cerberus Capital Mgmt., L.P., 161 S.W.3d 531 (Tex. App.—Austin 2004, orig. proceeding), mand. conditionally granted, 164 S.W.3d 379 (Tex. 2005). Represented parties not the subject of appellate court opinions.

Botter v. Am. Dental Ass’n, 124 S.W.3d 856 (Tex. App.—Austin 2003, no pet.). Trial and appellate court counsel.

FM Prop. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000). Trial and appellate court counsel.

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