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Firm Overview

When faced with an injury or insurance dispute, ordinary people and small businesses do not play on a level playing field; they face tremendous obstacles from giant insurance companies and larger corporations. We are committed helping ordinary people and small companies recover damages when they are harmed by the negligence and greed of others.

Example cases

Pierce v. Albuquerque Police Department:

The Davis Law Firm (in conjunction with the Law Office of Brad Hall) filed a lawsuit on behalf of Katherine Pierce and the Estate of Scott Pierce against Albuquerque Police Department (APD) for the untimely murder of Scott Pierce at the hands of a known career criminal, Clifton Bloomfield. On June 28, 2008, Mr. Pierce died from a shotgun blast to his neck in front of his newly wed wife, Katherine. Scott and Katherine had been married for only six days when Bloomfield broke into their home in the middle night and fatally shot Mr. Pierce in an apparent case of mistaken identity. Katherine Pierce alleges that Bloomfield, however, should have been free to murder Scott Pierce because he committed numerous crimes prior to June 28, 2008 including several murders in violation of his probation terms.

On December 3, 2007, seven months before the murder of Scott Pierce, Bloomfield brutally murdered Tak and Pung Yi in their home in the northeast heights of Albuquerque. In committing the heinous crimes, Bloomfield left his complete DNA profile under Tak Yi's right fingernail. Bloomfield's DNA profile was indexed in the Federal CODIS database for violent crimes Bloomfield committed in Arizona several years earlier. APD, however, failed to process and obtain a hit on the DNA profile found under Mr. Yi's fingernail until after Bloomfield had already murdered Scott.

APD failed to process the DNA, Ms. Pierce alleges, because APD chose instead to blame the murders of Tak and Pung Yi on two travelling salesmen based on a demonstrably false confession from one of the travelling salesmen. If APD had done even basic investigation into the travelling salesmen's alibi on the day of the murder, APD would have realized that it was physically impossible for them to murder the Yis. The travelling salesmen were more than seven miles away from the murder scene when Bloomfield murdered the Yis. The salesmen's airtight alibi was proven through receipts, cashed checks, and eye witnesses from the day of the murders. APD had all of this information well before Scott Pierce's death.

At the time Bloomfield murdered the Yis and Scott Pierce, he was on probation for a violent home invasion he committed in November, 2005. Throughout Bloomfield's time on probation, July 2007 until July, 2008 (arrest for Scott Pierce's murder), Bloomfield committed several other crimes that violated New Mexico law and the terms of his probation. In fact, APD reported that Bloomfield committed the following crimes throughout 2007 and 2008: August, 2007—Felony False Imprisonment, Telephone Harassment and Domestic Violence; October, 2007—Battery; November, 2007—Felony Aggravated Battery, Felony Domestic Violence, and Felony False Imprisonment; February, 2008—Robbery Suspect. APD created police reports for each of these crimes, but it failed to follow up with an investigation, failed to issue arrest warrants for Bloomfield, and failed to contact either the Court or probation and parole regarding Bloomfield's crimes.

If probation had been contacted regarding any of these crimes, then Bloomfield's probation officer would have arrested Bloomfield and immediately began proceedings to revoke Bloomfield's probation; taking a dangerous killer off the streets of Albuquerque. After Bloomfield was caught for the murder of Scott Pierce, he confessed to murdering Tak and Pung Yi, Scott Pierce, but also two unsolved murders: Carlos Esquibel and Josephine Selvage in 2005. A partial DNA profile from Bloomfield was also located at these murder scenes.

Katherine Pierce and the Estate of Scott Pierce filed a lawsuit against APD because APD chose to violate the safety rules the require every APD officer to investigate and capture anyone violating the laws of New Mexico a/k/a the Duty to Protect. The Plaintiffs alleged that had APD followed the safety rules and investigated and arrested Bloomfield for any of the crimes he committed throughout 2007, then Bloomfield could not have murdered Scott Pierce.

Rollins v. Allstate

Karen Rollins was riding her bicycle from her home to work when Steven Reazin slammed his truck into her. She was thrown more than 70 feet from her, knocked unconscious, and suffered a significant facture to her leg. Mrs. Rollins spent several days in the hospital and several more months in rehabilitation. Although her fractured leg eventually healed, she was never able to ride her bicycle as well as before and she occasionally had to use a cane. Further, she suffered anxiety and PTSD from the trauma.

Mr. Reazen only had the minimum policy limits of $25,000. The Davis Law Firm was able to immediately obtain policy limits from Mr. Reazen's insurance company. This amount of money failed to fully compensate Mrs. Rollins for what she lost as a result of the horrible accident. Mrs. Rollins had Allstate Insurance for three vehicles, but only for liability. Allstate, however, failed to properly inform Mrs. Rollins of her right to purchase uninsured/underinsured (UM/UIM) insurance and obtain the proper declination of UM/UIM insurance pursuant to New Mexico law. Through briefing and a landmark court case, the Davis Law Firm was able to force Allstate to acknowledge that Mrs. Rollins had $300,000 in UM/UIM coverage.

Allstate, however, refused to fully compensate Mrs. Rollins for her injuries. Allstate only offered Mrs. Rollins $100,000.00 for her injuries (or $75,000 with the offset). The Davis Law Firm took Allstate to arbitration. In order to present the best case for Mrs. Rollins, we hired two experts to testify about Mrs. Rollins' injuries. We also created several exhibits to demonstrate the significant injuries she sustained. At arbitration, we won a judgment of $260,000.00 which was more than $160,000 then Allstate offered Mrs. Rollins. Ultimately, Allstate was also forced to pay for costs as well.

Main Office

Main
3602 Campus Boulevard N.E.
Albuquerque  NM  87106

Phone
  • (505) 750-8742
Fax
  • (888) 988-0962

Fees

Free Initial Consultation?

Yes, we typically meet with the client for 30 minutes to an hour at the initial meeting.

Services Offered For Fixed Fees?

We typically charge contingency fees which means the client does not pay unless we win.

Hourly Rates

We typically charge contingency fees which means the client does not pay unless we win. On certain cases which award attorneys' fees, we charge $185 to $200 per hour depending on the type of case.

Office Information

Office Hours

Monday through Friday, 8:00 a.m. to 5:00 p.m.

Office Manager

Amanda Rawlings

Emergency After Hours

Yes

Languages Spoken

Yes, Spanish

Is your firm willing to help a client with one discrete part of a case, without taking on the whole case?

Yes.

What are your policies about dividing work within the firm to make the process most cost-effective for the client?

We work exclusively on a contingency we are not paid unless you win. Consequently, the client is provided the best representation throughout their case. Occasionally, we associate with other attorneys (at no additional cost to the client) to create the best legal team available.

How frequently does your firm use mediation, arbitration, or collaborative law to resolve cases?

Litigation is expensive. Alternative dispute resolution (mediation, arbitration, etc.) provides a useful alternative to fully litigating a case. In fact, most New Mexico State Courts require a mandatory mediation for every case. Consequently, we frequently use mediation to resolve cases.

Does your firm provide pro bono legal services or otherwise participate in your community?

Yes. We often represent individuals on a pro bono bases.

What distinguishes your law firm from others?

Our law firm's philosophy can be summed up in a few guiding principles:

Victory is Earned, not Given. There is no substitute for hard work. Large corporations and insurance companies will bury victims of their actions in discovery, experts, motions and other dilatory litigation tactics avoid paying victims for their negligent, reckless and sometimes intentional actions. When facing teams of attorneys and deep pockets, the only way to win is to roll up your sleeves and work hard. We are no stranger to burning the midnight oil and working hard for our clients.

Take the Fight to Them. In prosecuting a civil case, the creative, aggressive litigation leads to success in and out of the courtroom. Taking the fight to the large corporation and the insurance company allows the client (through the lawyer) to be empowered and no longer the victim. An aggressive strategy also leads to success at trial. Too many lawyers fail to aggressively prosecute their clients' claims which results in the client being victimized again by the defendants and having limited success in the courtroom. Creative, aggressive litigation is what we do best.

Jury Verdicts Improve America. Civil juries improve America everyday through their verdicts. A jury is the conscience of our community; a jury's verdict is the voice of our conscience. Throughout America's history, juries have used their voice to improve life for all of us at the job site, in the products we use, in how insurance companies treat their policyholders, in how companies honor their contract, and in numerous other ways by entering a large verdict against those who chose to put profits ahead of our community. Jury's are America's way of improving the community and avoiding chaos in the streets. We are proud to prosecute cases that improve America.

If at First You Don't Succeed, Try, Try Again. When trying cases against large corporations and insurance companies, there will be numerous roadblocks on the road to the finish line. What separates the great attorneys from the mediocre is how they deal with those roadblocks. Most will be stopped in their tracks. Others will turn around if they are not successful in removing the roadblock after their first try. The victor, however, will try, and try, and try again to succeed regardless of how daunting the roadblock that may lie in front of him. Most cases are difficult and the only way to succeed is to try, try and try again.

There are Too Many Lawsuits. Not every injury should end in a lawsuit. The ugly fact of life is that a small segment of the population would rather litigate every dispute then resolve them like neighbors. These types of lawsuits hurt those who are truly need to tell their story to jury and further erode the credibility of all attorneys. We are selective types of cases we chose file as lawsuits. This helps maintain the credibility of the entire justice system and provides our clients with the best possible representation.

One Frivolous Lawsuit is Too Many. Frivolous lawsuits are an unfortunate reality of modern society. Frivolous lawsuits damage more than just the innocent party who was sued; they have far reaching consequences on the entire justice system making it more difficult for deserving victims to be made whole. Fortunately, our court systems are equipped to quickly dispose of frivolous lawsuits.

What is your firm's point of view regarding clients educating themselves on legal issues?

The better educated the client, the better the result.

Is your firm willing to review documents prepared by clients?

If they are prepared by current clients, yes.

Is your firm willing to coach clients who want to represent themselves?

In very small personal injury matters we are willing to assist them in how to file a claim, but beyond the claim process, going to court is very difficult.

Ben Davis

After several years of representing large Fortune 500 companies, switching to representing everyday people was a significant leap into the unknown that Ben was unsure he could make. A higher power, however, forced Ben to make a decision in late October, 2009. In early October, 2009, Ben learned that he and his wife were pregnant with their first child. Two weeks later, Ben was driving from Albuquerque to Farmington for a hearing. As he past Cuba, New Mexico on 550, the sunny skies turned to dark clouds. The dark clouds traded their grey lining for white flurries. The highway quickly turned into an ice rink. Within the blink of any eye, Ben lost control of his car. He slid into oncoming traffic. The next thing Ben can recall is waking up in the wreckage. He was hit by a large oil service truck. Fortunately, Ben survived without any injuries, but with a new sense of purpose. With a baby on the way and a brush with death, Ben made his mind up to leave the large Fortune 500 companies behind and start representing everyday folks. The Davis Law Firm was born. To date, the firm has helped numerous people and small businesses fight insurance companies, large corporations, and others who chose not to follow the rules for their own gain.

We work exclusively on a contingency we are not paid unless you win. Consequently, the client is provided the best representation throughout their case. Occasionally, we associate with other attorneys (at no additional cost to the client) to create the best legal team available.

License
  • Bar Number: 25793
    New Mexico , 2006

* Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers. Any past disbarments and suspensions (with possible exceptions for minor violations or nonpayment of dues, in our discretion) will be indicated accordingly in the badge. Member attorneys are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.

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