David Anthony Silva - #149506
The following information is from the official records of The State Bar of California.
PO Box 5983
Fresno, CA 93755
|Phone Number:||Not Available|
|Fax Number:||Not Available|
||Undergraduate School:||Georgetown Univ; Washington DC|
|Sections:||None||Law School:||UC Hastings COL; San Francisco CA|
Actions Affecting Eligibility to Practice Law in California
State Bar Court Cases
NOTE: The State Bar Court began posting public discipline documents online in 2005. The format and pagination of documents posted on this site may vary from the originals in the case file as a result of their translation from the original format into Word and PDF. Copies of additional related documents in a case are available upon request. Only Opinions designated for publication in the State Bar Court Reporter may be cited or relied on as precedent in State Bar Court proceedings. For further information about a case that is displayed here, please refer to the State Bar Court's online docket, which can be found at: http://apps.statebarcourt.ca.gov/dockets.aspx
DISCLAIMER: Any posted Notice of Disciplinary Charges, Conviction Transmittal or other initiating document, contains only allegations of professional misconduct. The attorney is presumed to be innocent of any misconduct warranting discipline until the charges have been proven.
|Effective Date||Case Number||Description|
|6/16/2012||08-N-12671||Decision [PDF] [WORD]|
|4/2/2008||04-O-15180||Decision [PDF] [WORD]|
California Bar Journal Discipline Summaries
Summaries from the California Bar Journal are based on discipline orders but are not the official records. Not all discipline actions have associated CBJ summaries. Copies of official attorney discipline records are available upon request.
October 25, 2013
DAVID A. SILVA [#149506], 57, of Fresno was suspended for five years, stayed, and placed on five years’ probation with an actual three-year suspension. The order took effect Oct. 25, 2013.The State Bar Court found Silva culpable of failing to file a rule 9.20 compliance declaration by the deadline required in a 2012 disciplinary order. In mitigation, Silva has had a distinguished career as an FBI agent, does volunteer work with senior citizens, showed remorse for his failure to comply with his obligations and cooperated with the State Bar.Silva’s 2012 discipline case resulted from his failure to file another 9.20 compliance declaration on time.Silva was also disciplined in 2008 for 14 counts of misconduct involving five client matters, including not performing legal services competently, improperly withdrawing from employment, not refunding $3,000 in unearned fees, engaging in acts involving moral turpitude, not communicating, not supporting the laws of this state and violating a court order.
June 16, 2012
DAVID ANTHONY SILVA, 55, of New Bedford, Mass., was suspended for two years, stayed, placed on two years of probation with a one-year actual suspension and was ordered to comply with rule 9.20 of the California Rules of Court. The order took effect June 16, 2012.Silva failed to comply with a rule 9.20 requirement imposed as part of a 2008 disciplinary order. He did not file with the State Bar Court an affidavit stating that he notified his clients, opposing counsel and other interested parties of his suspension. Although failure to comply with the rule is grounds for disbarment, the bar court found that the circumstances surrounding the incomplete declaration he filed were compelling enough to avoid that punishment.Silva filed his declaration after learning that his sister attempted suicide. He said his declaration was incomplete because he had not had an opportunity to review his files, which were located 275 miles away and he did not want to perjure himself. Once he reviewed the files, he submitted a complete declaration.He was suspended and placed on probation in 2008 for committing 14 counts of misconduct in five matters.In mitigation, he cooperated with the bar’s investigation and his family emergency delayed a timely filing of the declaration.
April 2, 2008
DAVID ANTHONY SILVA [#149506], 51, of New Bedford, Mass. was suspended for five years, stayed, actually suspended for two years and until he makes restitution, proves his rehabilitation and the State Bar Court grants a motion to terminate the suspension, and he was ordered to take the MPRE and comply with rule 9.20. The order took effect April 2, 2008.In a default proceeding, the court found that Silva committed 13 acts of misconduct in five matters.In a personal injury case in which he represented the plaintiff, Silva did not serve the defendants and he missed a case management conference and three hearings. The case was dismissed and Silva took no action to protect his client’s interests. He did not tell his client about any developments in her case. With the intent of creating the impression he was pursuing the case, he also told a State Bar investigator that he was waiting to hear from the insurance company, which was “taking its sweet time getting back” to him.He filed a contingent fee medical malpractice case for another client, who rejected a first settlement offer. Nonetheless, he told the court his client accepted the settlement; the case was continued for dismissal after the settlement was finalized. He told the client a second offer was made, but she never accepted it. Silva took no further action and the case was dismissed.A client who was seeking a divorce from her husband paid Silva $3,000. His agreement required more money if the husband contested the divorce or if certain orders were needed. Neither was the case, and Silva was therefore required to complete the dissolution, but he did not do so. In fact, he moved without notifying the client, who remained married against her wishes.He gave a bar investigator a letter he purportedly sent to his client to give the impression he had been in contact with his client and returned her file.In another matter, he settled a civil action for $5,180, but never obtained his client’s signature on settlement documents. The client did not receive any money for more than two years.In the final matter, Silva began probate proceedings after being named executor and personal representative of an estate. However, he did not file with the court clerk an inventory and appraisal of the property within four months, as required by the Probate Code. He also did not file a petition for an order of final distribution of the estate or a report on the status of administration. He filed the first status report three years late.Silva hired a CPA to prepare the estate’s taxes, but he did not provide the information needed to prepare the taxes. Eleven years after the client’s death, the probate proceedings were still pending and Silva had not filed a petition for order of final distribution or an accounting, nor did he provide any reports to the estate’s beneficiaries.The bar court found that Silva failed to perform legal services competently, communicate with clients or refund unearned fees, and he committed acts of moral turpitude, improperly withdrew from cases, violated court orders and did not obey the law.In recommending a lengthy suspension, Judge Lucy Armendariz noted that Silva “made misrepresentations to clients, courts and the State Bar and essentially abandoned several clients. His misconduct, in fact, resulted in client harm. He did not participate in the proceedings.”