Justia Lawyer Rating
The State Bar of California
Federal Courts Appeals for the First Circuit
United States Courts District of Columbia Circuit
Veritas
State Bar of New Mexico

Appeals

New Mexico appellate lawyer David Baake knows that litigating at the appellate level is very different from litigating at the trial level. A trial lawyer has months, even years, to develop the facts of the case and to explore different legal theories. Trial proceedings may involve numerous competing claims, a variety of parties, and vast quantities of evidence. Trial attorneys must approach their case in an exhaustive way. Every argument made by the other side, every piece of evidence, must be addressed, in case the decision-maker finds it relevant and persuasive.

The job of an appellate attorney is to survey the trial record and find one or two discrete legal questions upon which the entire case might turn. Having identified these critical legal questions, the appellate attorney gets one shot, and only one shot, to convince the appellate court that the court below got the question wrong, and that the entire proceeding would have come out differently if the court had decided that issue correctly. Appellate courts have strict page limits for appeals briefs, and generally do not allow the introduction of new evidence. Once briefing is complete, the appeals lawyer may have the opportunity to present oral argument to the court. Unlike at the trial court level, there will typically be more than one judge on an appellate court. And unlike the trail court level, where judges may give the attorney twenty minutes of uninterpreted speaking time, appellate attorneys usually have about five minutes to make their case-and often find themselves peppered with questions throughout their presentation.

Appellate advocacy is something of a paradox. On the one hand, the appellate lawyer must be an expert in distilling complex issues into two or three discrete points that will stick with the judges. On the other hand, appellate lawyers must be prepared for any question the court may ask-which means they must master the entire record of the case. Given the simultaneous need to develop exhaustive knowledge of the case and to focus with surgical precision on the critical questions it presents, New Mexico appellate attorneys may spend days or weeks preparing for an argument that lasts less than ten minutes.

David has argued and won appeals in some of the highest courts in the country. For example, he recently briefed and argued two appeals before the U.S. Court of Appeals for the D.C. Circuit. The court issued a unanimous decision in his client's favor. Leaving no doubt that it found David's advocacy persuasive, the Court quoted a statement David made at oral argument in its opinion. David has also co-authored a petition for certiorari before the U.S. Supreme Court, and briefed and argued a case before the Fifth Circuit. If you need a New Mexico appellate lawyer to appeal an unfavorable judgement or defend a favorable judgment, contact us today.

Client Reviews
★★★★★
"Very knowledgeable! We hired Mr. Baake after our previous lawyer was suspended just one month before our trial date. We are so glad we found him! We were being sued for $250,000, and were going to lose our case. Mr. Baake was much more knowledgeable. He brought up several issues that our other lawyer never thought of. The Plaintiff did not show up to for the trial. The case was dismissed! Thank you so much, Mr. Baake!” - B. Crane
★★★★★
"We run a small business in AZ and had a customer in New Mexico who hadn’t paid us for product and services rendered. The customer was in the process of trying to sell their business so we had to intervene in their sale to get our proceeds. It was an out of the box kind of situation and David took it on no problem and with ease. We are out of state and David handled it all for us remotely which was a plus. Thanks to David, we ended up receiving our money plus interest. He was a pleasure to work with and his communication during the entire process was amazing. Thanks again David for all of your help!" - M. B.
★★★★★
"David is our go-to attorney for resolving contract and real estate disputes. He isn't afraid to go up against big corporations to fight for what is right, but always keeps an eye on how to resolve matters in a way where the out-of-pocket cost for us is minimized. We trust David's opinion both on when to move forward and when to settle. David is incredibly smart and his work meticulous, but most importantly he has helped us gainfully resolve disputes with individuals and companies that we never expected would come to a favorable conclusion." - Crystal S.