Our Firm / Dave R. Baker

About Dave

Dave R. Baker

Dave R. Baker


Dave Baker, Of Counsel to Withey Morris, PLC, has been a Certified Real Estate Specialist (Arizona Board of Legal Specialization) since 1992 and has over 25 years of experience in Arizona real estate transactions and litigation. He also offers experience in mediating real estate disputes.


Dave has been involved in several high-profile Phoenix-area projects, with services ranging from negotiating leases and drafting commercial documents to litigating real estate-related disputes.

Following are representative projects and controversies that illustrate the scope of his real estate practice:

  • On behalf of the developer of a major downtown Phoenix hi-rise condominium project, negotiated and documented the financing, formed the homeowner association and created the Declaration of Covenants, Conditions and Restrictions (CC&Rs)
  • In representing the developer of a major master-planned golf community in the East Valley, performed due diligence, created easements, assisted with entitlements, and resolved numerous title issues
  • For a master-planned community in Heber, Arizona, assisted with drainage plan amendments, CC&Rs and complex contractual documents
  • Litigated, at the trial level as well the appellate level, the seminal cases involving disclosure requirements under Arizona law for undeveloped land transactions
  • Represented developers in the Casa Grande/Eloy area, drafting all contracts and assisting in all land acquisition and planning work for their projects
  • Negotiated and documented commercial leases for major tenants in regional shopping centers and power centers

Dave has also represented several Arizona title companies in complex title, easement and transactional disputes and has served as an expert witness in disputes related to title insurance, escrow processes and trustee sales.


  • J.D., Arizona State University, 1982
  • B.S., Arizona State University, 1979

Bar Admissions/Memberships

  • Arizona
  • U.S. District Court, District of Arizona
  • Ninth Circuit Court of Appeals

Professional and Community Involvement

  • State Bar of Arizona: Real Property Law Section, Sole Practitioner/Small Firm Section

Awards and Recognitions

Dave has been recognized for more than the last 25 years as a Certified Real Property Specialist by the State Bar of Arizona Board of Legal Specialization. He has also been designated as a Superlawyer by Southwest Superlawyers Publications, and as one of the top 5% of lawyers in the Southwest United States for more than 15 years. Dave has enjoyed an AV Preeminent designation by Martindale Hubbell for the last 27 years (under both Peer Review and Judiciary Review); and Dave has been selected by U.S. News and World Report as one of Arizona’s Top Lawyers.

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