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David Spini

David Spini

The Law Offices of Fitzpatrick, Spini & Swanston
340 Soquel Avenue
Suite 115
Santa Cruz, CA 95062

Phone: (831) 426-5200  |  Fax: (831) 426-5300
http://www.fandslegal.com

Contact David Spini

Experienced, Aggressive, Competent.

Legal Topic

Personal Injury

Preferred New Clients

I prefer to work with those clients who have a clear understanding of why they have decided to consult a lawyer. Unfortunately, in today's society there are those who view the legal system as means to simply exploit others for the purpose of obtaining money. My interest, and the clients I wish to represent, are those who have truly been damaged or harmed, and need legal assistance and counseling to assert their rights to be compensated for that damage or harm.

Sub-Categories

Personal Injury
  • Car/Auto Accidents
Accidents & Personal Injury
  • Construction Site Injuries
  • Slip & Fall
  • Sports Injuries
Character Injury
  • Libel
  • Slander
Intentional Injuries
  • Assault & Battery
  • Child abuse
  • Dog Bites & Animal Attacks

Bar Admissions

CA, Jul 1991
Bar Number: 153652

Other Court Admissions

All California State Courts
U.S. District Court for the Northern District of California
U.S. District Court for the Eastern Districts of California

Association Memberships

California State Bar Association
Santa Cruz County Bar Association

Continuing Education

I complete 12 hours of continuing education each year on topics relating to litigation.

Example Cases

Our firm represented 53 low income tenants in a suit against their landlord and property manager for providing sub-standard housing, resulting in the infestation of mold, vermin, and adverse health affects related thereto. Ultimately, we received a substantial settlement for all clients, with contributions from not only the insurance companies for the landlord and property manager, but also a personal contribution from the landlord.

Education

Degree:

Bachelor of Science

School:

Santa Clara University

City:

Santa Clara

State:

CA

Year:

1987

Focus and Accomplishments:

Business Administration

 

Degree:

Masters of Business Administration

School:

Santa Clara University

City:

Santa Clara

State:

CA

Year:

1990

Focus and Accomplishments:

Business Administration

 

Degree:

Juris Doctorate

School:

Santa Clara University School of Law

City:

Santa Clara

State:

CA

Year:

1990

Focus and Accomplishments:

Law

Number of Attorneys

5

State Licensed In

California

Firm Focus and History

At Fitzpatrick, Spini & Swanston, our lawyers offer outstanding legal services. Our firm is founded upon a commitment to provide clients with the highest quality legal representation available. The attorneys at Fitzpatrick, Spini & Swanston are experienced, aggressive and capable of managing a wide variety of complex lawsuits to a successful conclusion.

Previous Employment Summary

Upon graduation from law school, I joined the Watsonville law firm of Grunsky, Ebey, Farrar & Howell as an associate, eventually becoming a partner. I left that firm in 2002 to join B. James Fitzpatrick and Charles Swanston in the formation of Fitzpatrick, Spini & Swanston. I have been lead attorney in over thirty jury trials in Santa Cruz, Monterey, San Benito and Santa Clara counties, representing both plaintiffs and defendants.

Activities and Awards

I have served as a judge pro tem for the Santa Cruz Superior Court, and frequently serve as both a court appointed and private arbitrator.

What is your opinion regarding clients educating themselves on legal issues?

It is always advisable for clients to be able to educate themselves regarding the issues unique to their case, as ultimately it is the client who makes the ultimate decisions in that case. As lawyers, we advise the clients on issues of law, procedure and strategy, and can provide opinions based on our experience. The client, however, has the ultimate authority as to how their case proceeds, and therefore client education and knowledge is always beneficial.

Are you willing to review documents prepared by clients?

Yes.

Are you willing to coach clients who want to represent themselves?

No.

Why did you decide to be a lawyer?

I graduated from college in the heart of the Silicon Valley during a very exciting time as the whole computer industry began to blossom. I was then, and mostly still am, fairly technologically inept, but saw excellent opportunities providing support to this emerging industry. I quickly tired of transactional legal work supporting business, and changed my practice to litigation, at first representing insurance companies defending claims presented by injured persons. Over time, my interest philosophy has shifted, and now I primarily represent those going against and suing the same insurance companies I once worked for.

What work experience and education helps you be a better lawyer?

I initially worked for insurance companies, defending claims brought by injured persons. This work afforded me the opportunity to get to trial with much more frequency than other lawyers with similar experience levels. Actually trying cases provides a much more accurate measure of assessing the value of injury claims, and gives me a unique insight when advising my clients. I have been fortunate to continue trying cases, and several years back was one of the youngest members elected to the American Board of Trial Advocates, an elite honor society for trial lawyers.

Why did you decide on your primary area of practice?

Having worked on behalf of insurance companies, I never got the sense that I was truly helping someone through my legal work. Instead, I was just trying to save large insurance companies money. Feeling unsatisfied, I transitioned my practice into representing those injured against these same insurance companies, and now have more satisfaction that I am actually providing help to someone who needs it.

What do you like best about your career?

In addition to actually being able to help someone who needs legal representation, I still enjoy the intellectual stimulation and competitiveness of practicing law. When I take a case, I take that case to win.

Tell us about your law firm:

Our firm consists of 3 partner and 3 associate attorneys, with offices in both Santa Cruz and Monterey Counties. Focusing on litigated cases only, we enjoy a strong working relationship with the judges and other attorneys in these counties. Each of the three partner attorneys in our office began their careers working on behalf of insurance companies, and as such has unique insight into the way these companies evaluate and settle their claims. Based on this experience, we believe we are often able to maximize the settlement value and expedite the resolution of cases brought on behalf of our clients.

What are your strengths and style?

My unique strength is the breadth of my trial experience and the ability to look at cases both from the side of the injured party, and the insurance company on the opposite side of the case. I can often predict sooner than others how an insurance company will view or evaluate a case, and can alter or amend my legal strategy accordingly.

I like to describe my style as calm and practical. Resolving injury claims is often the product of negotiation. And, for example, if it is going to cost a client $100 to negotiate only $150 extra money in settlement nine months from now, I am going to recommend a practical approach to my client to achieve the most expedient and economically sound result as possible.

Personal Interests:

My personal interests include my family, watching my two children's sporting events, and playing golf. Professionally, I volunteer as a judge pro tem for the Santa Cruz Superior Court, serve as a trustee for the Santa Cruz County Law Library, and belong to the American Trial Lawyers Association, American Board of Trial Advocates, and the Northern California Association of Defense Counsel.

Office Manager/Assistant

Angie Mays

Fax

(831) 426-5300

Office Hours

Monday through Friday
8:30 a.m. to 4:30 p.m.

Emergency After Hours

No

Foreign Languages

Se habla espaƱol.

Additional Offices

Salinas, CA
838 South Main St.
Suite E
Salinas, CA 93901
(831) 755-1311

Fixed-Price Services and Fees

All injury cases are taken on a contingent basis, typically 33% prior to the filing of any lawsuit, and 40% percent thereafter.

Hourly Rates

For non-injury related litigation, hourly fees are $250.

Free Initial Consultation?

Yes, I offer a free initial consultation.

Typical Retainer

For non-injury cases, retainers are dependent upon the complexity of the case.

Understanding Fees

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