David Anthony Silva - #149506

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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.”