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David H. Schwartz

David H. Schwartz

David H. Schwartz, Attorney at Law
One Market Plaza
Steuart Tower
Suite 1600
San Francisco, CA 94105

Phone: (415) 975-2838  |  Fax: (415) 975-2841
http://publish.pdesigner.com/schwartz-law

Contact David H. Schwartz

Experienced in Resolving & Trying Business Disputes

Legal Topic

Business Law

Preferred New Clients

I specialize in handling complex litigation matters (multi-party and multi-claim) to successful resolutions.

Sub-Categories

Antitrust & Trade Regulation
  • RICO Act
  • Unfair Competition
Business Formation & Dissolution
  • Directors' & Officers' Liability
  • Franchising
  • Nonprofits & Tax-Exempt Corporations
  • Shareholders' Rights
Commercial Law
  • Breach of Contract
  • Contract Disputes
  • Employment Contracts
  • Franchises
  • Non-Compete Contracts
Insurance - Commercial
  • Bad Faith
  • Casualty Insurance
  • Commercial Insurance
  • Directors' & Officers' Liability
  • Errors & Omissions
  • Property Insurance

Bar Admissions

CA, Dec 1974
Bar Number: 62693

Other Court Admissions

All California State Courts; Federal District Courts in Northern, Central, Southern, Eastern Districts of California; Ninth Circuit Court of Appeals; United States Supreme Court; United States District Court for District of Hawaii.

Association Memberships

California State Bar Association

Continuing Education

Over 100 hours in trial and appellate practice, business torts, and mediation practice over the past five years.

Papers and Publications

"Civil RICO Against Fraudulent Enterprises," in Civil RICO Practice: Causes of Action, edited by H. Brown.

Example Cases

Represented founder of highly successful magazine who had undocumented 50% interest in publication. Client's partner sold 100% of magazine to major publisher. Recovered value of interest for client. Case settled on second day of trial.

Represented client who placed her inheritance in fraudulent foreign tax avoidance scheme on advice of personal attorney. Sued personal attorney and professionals involved in tax avoidance scheme. Case ultimately resolved with return of principal to client.

Education

Degree:

B.A.

School:

University of California, Berkeley

City:

Berkeley

State:

CA

Year:

1969

Honors:

Graduated with Honors

Focus and Accomplishments:

Political Science and Philosophy

 

Degree:

J.D.

School:

University of California, Hastings College of Law

City:

San Francisco

State:

CA

Year:

1974

Focus and Accomplishments:

Law

Number of Attorneys

1

State Licensed In

California

Firm Focus and History

The Law Offices of David H. Schwartz focuses on representing individuals and businesses in complex and difficult litigation, on both plaintiff and defense sides, in state and federal courts. This has been the focus since the firm's inception in 1993.

Previous Employment Summary

From 1975 to 1993 I was an associate and then a managing partner in a plaintiff's litigation firm focusing on personal injury, consumer, securities, and business lawsuits.

Activities and Awards

Master, Inns of Court; Neutral/Mediator, San Francisco Superior Court Early Settlement Program.

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

In pro per litigants are rarely successful in achieving their goals through the court process, and it is unwise to go to court without an experienced attorney. That said, a substantial part of what litigators do is collect and organize information. Clients often are far more effective and efficient at collecting and organizing information than lawyers, and clients can reduce the cost of litigation significantly by participating in those activities, coordinated by litigation counsel. A client who understands the legal strengths and weaknesses of the lawsuit will make smarter decisions for better results.

Are you willing to review documents prepared by clients?

Yes.

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

I do not recommend that clients represent themselves in any lawsuit that is significant to their personal or financial lives. Some federal courts have indicated hostility to in pro per litigants who appear to be coached by counsel who do not formally appear.

Why did you decide to be a lawyer?

I wanted the opportunity to combine intellectually challenging work with the opportunity to assist people in their lives and businesses.

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

My legal experience is very broad, covering many areas of civil and criminal litigation, including business torts, breach of contract, securities litigation, employment law, civil rights, and death penalty litigation. My experience covers both trial and appellate levels. I believe this gives me a considerable advantage in understanding how to pursue claims to trial and obtain successful results for my clients.

Why did you decide on your primary area of practice?

Complex commercial and business disputes were the types of cases I found myself enjoying the most.

What do you like best about your career?

I like that I get to understand in-depth the business, cultural, and economic environments in which my clients operate.

Tell us about your law firm:

I have clerical and paralegal staff who are focused, experienced, and client-oriented. I also have available if necessary, outside contract attorneys whom I know well and who can deliver additional services and expertise as needed for the particular case.

What are your strengths and style?

My experience in litigation is very broad. I understand the economics of litigation as well as the mechanics. I see and practice litigation as a tool to obtain an optimum result for my client. I am skilled at analyzing complex legal and factual situations, defining strategies for cost-effectively pursuing realistic goals, and then executing those strategies to produce a meaningful result.

I am relatively informal, and I seek to be as straightforward as possible. I want to work with my client to develop rational options with cost/benefit analyses that let my client choose how he/she wishes to proceed. I tell clients where their case is strong and where it is weak. I tell my clients what I think, not what I think they want to hear.

Personal Interests:

Politics, philosophy, music.

Office Manager/Assistant

Joan Fong

Fax

(415) 975-2841

Office Hours

Monday through Friday
9:00 a.m. to 6:00 p.m.

Emergency After Hours

Yes

Foreign Languages

None

Fixed-Price Services and Fees

None.

Hourly Rates

$330 per hour or more, depending upon nature of case.

Free Initial Consultation?

Yes.

Typical Retainer

Varies depending upon specifics of case and scope of representation.

Understanding Fees

Nolo's Licensing Check

Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.

Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.