Photo of David B. West

David B. West Member

Areas of Practice

Industries

Bar Admissions

  • Texas, 1982

Court Admissions

  • United States Court of Appeals Fifth Circuit
  • United States Court of Appeals Tenth Circuit
  • United States Tax Court
  • United States District Court Northern District of Texas
  • United States District Court Western District of Texas
  • United States District Court Southern District of Texas
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Education

  • The University of Texas School of Law, J.D., 1981
  • The University of Texas at Austin, Masters of Public Affairs, 1975
  • Austin College, B.A., Government and Business, Austin Scholar, Pi Gamma Mu, 1973

Personifying "knowledge, preparation, professionalism and integrity" (client quote, Best Law Firms 2018) for more than 30 years, David West has been a trusted advisor to financial institutions, fiduciaries, business entities, property owners, manufacturers and nonprofits in handling legal disputes involving financial transactions, trusts and estates, fiduciary liability, contracts, business torts, real estate and insurance.  He works with clients to develop business strategies for business disputes. When resolution between the parties is not an option, he vigorously represents clients in courts, using his experience in approximately 50 jury and non-jury trials and arbitrations.  David is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization.

Experience

Banking and Financial Institution Litigation

  • Lender Liability. Representation of defendant bank in $9 million lender liability suit alleging fraud, misrepresentation, tortious interference, and unjust enrichment in loan for multi-million dollar real estate project.
  • Officer/Director Liability. Defense of former board members of failed bank against claims asserted by FDIC for breach of fiduciary duty.
  • UCC/Check Fraud. Representation of banks in multiple lawsuits involving check fraud, check kite, and other issues under the Uniform Commercial Code disputes. 
  • Breach of Contract. Representation of bank in breach of contract claim involving use of forged letters testamentary to obtain estate funds. See e.g. Jefferson State Bank v. Lenk, 323 S.W.3d 146 (Tex. 2010)
  • Home Equity Lending. Representation of banks in suits to set aside/enforce home equity loans.
  • Counseling on Accounts. Counseling to banks, credit unions and investment brokers on powers of attorney, estates, trusts, guardianships and rights of fiduciaries to transact business on accounts and safe deposit boxes.

Trust and Estate Litigation

Breach of Fiduciary Duty.

  • Representation of nonprofit in law suit involving conveyance of oil and gas interests in sale of real property. See In re: Estate of Henrietta Cannon Stone, __S.W.3d ___ (Tex. App.-Waco, 2014, writ den.)
  • Representation of nonprofit beneficiary in suit against executrix of $15 million estate to recover estate assets, damages for self-dealing and breach of fiduciary.
  • Defense of trustee/beneficiary in claims over diversification and investment of assets in $22 million trust.
  • Declaratory Judgment Actions. Suits for declaratory judgment to construe wills, trusts and define the rights and interests of parties; suits to modify trusts to prevent adverse tax consequences and change corporate form of nonprofits.
  • Will Contests. Representation of family in claims to remove executor, set aside will and recover real property and mineral interests.
  • Guardianships. Defense of trustee against claims for loss of value of investment during temporary guardianship.

Business and Real Estate Litigation

Public/Private Investment.

  • Representation of nonprofit in temporary injunction action to stop construction of $200 million performing arts center.
  • Defense of economic development corporation against claims of unauthorized use of public funds for construction of public park improvements.

Breach of Contract.

  • Defense of lignite mine owner in $22 million breach of contract claim.

Recovery of Corporate Interests.

  • Prosecution of claim in probate court on behalf of private equity firm to recover interests in LLC from estate.

Partnership Disputes.

  • Representation of partner in dispute over partnership assets.
  • Representation of limited partner in dispute with general partner over prosecution of patent rights, recovery of assets of partnership.

Real Estate/Construction Litigation.

  • Partition Suit. Representation of family in suit to partition ranches, recover damages for breach of fiduciary duty by trustee.
  • Title Dispute. Representation of bank in dispute against title company to recover loss of improvements to real property resulting from city enforcement action, demolition order.
  • Easement. Disputes involving easements, rights of access to ranch property.
  • Construction Disputes. Representation of home owners in suit to recover damages against builder of multi-million dollar home; defense of building contractor against claims by home-owners for breach of warranty, breach of contract, and DTPA violations.
  • Manufacturing. Representation of window manufacturer for claims of breach of warranty for design and manufacture of windows.

Memberships & Involvement

  • Texas Association of Bank Counsel, Member
  • Chair, US LAW Financial Institutions and Banking Committee, 2012-2014
  • San Antonio Estate Planners Council
  • Founder and Chair, Litigation Section, San Antonio Bar Association, 2003
  • San Antonio Bar Association, Board of Directors, 2007-2008
  • Texas Bar Foundation, Life Fellow
  • San Antonio Bar Foundation
  • The College of the State Bar of Texas
  • Review of Litigation Law Review, Writer
  • University of Texas, Legal Research Board, Writer
  • William S. Sessions American Inns of Court, Member

Community/Civic Activities

  • First Presbyterian Church, San Antonio, Texas, Elder
  • Morningside Ministries, Chairman of the Board
  • Bexar County Detention Ministries, Board Member
  • St. Luke’s Hospital Foundation, Board Member
  • Alamo Heights School Foundation, Board Member
  • SA Scene, "San Antonio’s Best Lawyers," 2014
  • Best Lawyer in San Antonio, Litigation-Banking and Finance, 2013
  • Recognized in Texas Super Lawyers® for Business Litigation, Banking, and Estate Planning & Probate, 2009-Present
  • Recognized in The Best Lawyers in America® for Commercial Litigation, Banking & Finance Litigation and Trusts and Estates Litigation, 2011-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC
  • Martindale Hubbell-AV Preeminent Peer Review Rating (15 years)
  • Chair, Litigation Department at Cox Smith, 2006-2011
  • Firm Management Advisory Committee, 1997-2003