David Millstein | Attorney

David Millstein is the founder of Millstein & Associates.  Mr. Millstein represents clients at both the trial and appellate levels throughout California. With decades of experience as a practicing attorney, he has established himself as a sought-after, go-to lawyer for clients with the most complicated and complex cases in a wide array of practice areas. His work for both plaintiffs and defendants has resulted in victories at all levels in local, state, and federal courts.

Mr. Millstein’s experience and success in and out of the courtroom have earned him the well-placed confidence of individuals, businesses, and professional and industry associations that seek his advice and skills as a litigator in the most demanding cases. With a strong background in trial and litigation, he has the savvy to pursue mediation and arbitration whenever it may save time, money, and hassle for his clients.

Previous Appointments

Chief Assistant District Attorney
City and County of San Francisco

Committee Member
Judicial Committee of the Bar Association of San Francisco

Arbitrator
U.S. District Court for Northern District of California

Probation Monitor
Office of Trials, State Bar of California

Judge Pro Term
San Francisco Municipal Court

• Panelist “Breaking the Glass Ceiling Conference,” California Women Lawyers, May 10, 2003
• Lecture, American Academy of Emergency Medicine, Anti-kickback Cases, March 15, 2002
• Panelist, Domestic Violence Investigations, California Association of Certified Fraud Examiners, November 2001
• Lecture, California Association of Certified Fraud Investigators, February Examiners, February 15, 2001
• Keynote Speaker, Harvard Club, City Club, San Francisco, CA, June 14, 1996, “Recent Developments in the S.F. Dist. Attorney’s Office”
• Lecturer, San Francisco Bar Association, September 13, 1994, “Communication Techniques and Trial Advocacy”
• Keynote Speaker, Commonwealth Club, December 6, 1993, Lafayette, California
• Panelist, California Psychological Association, Annual Convention, April 2, 1993, Psychologist’s Testimony: Family, Criminal Worker’s Compensation and Personal Injury Cases
• Lecturer, San Francisco Bar Association, February 16, 1993, “Essential Aspects of Screening Cases”
• In-Service, San Francisco General Hospital, “Legal Implications of Suicidality in AIDS Patients”, June 1984
• Lecturer, CAL CPA Litigation Group, Forensic Services Section, “Working with Attorneys and Presentation of Accounting Opinions”, October 18, 2012

• Stanford Law School, Trial Advocacy Training Program
• University of California, Hastings College of the Law, Adjunct Professor of Law, Trial Advocacy
• University of California, Berkeley, School of Law, Lecturer, Evidence Advocacy

• David J. Millstein, Fraud & Forensic Accounting, Cal CPA (March 2023)
• David J. Millstein, Corporate Practice of Medicine, Lifeline, American College of Emergency Physicians, California Chapter (October 2001)
• David J. Millstein, Coercive Contracting, Lifeline, American College of Emergency Physicians, California Chapter (September 2000)
• Millstein et al., How to Prepare For, Take and Use Depositions, 1995 (1995 Supplement, James Publications, 1995)
• Millstein, et al., ALI-ABA’s Practice Checklist Manual on Taking Depositions (Article Contributor), Mark Carroll, Editor (American Bar Association/American Law Institute, 1995)
• David J. Millstein, Taking or Opposing Telephone Depositions, The Practical Litigator, American Bar Association-American Law Institute, Volume 5, Number 2, March 1994
• David J. Millstein, A Road Map to Interstate Deposition Practice, The Practical Litigator, American Bar Association-American Law Institute, Volume 4, Number 3, May 1993
• David J. Millstein, The S & L Litigation Explosion, California Lawyer, Volume 11, Number 12, December 1991

• Legal Commentator, Channel 7, ABC-KGO TV, San Francisco, California. Periodic anchor desk interviews on legal issues, throughout 1995-96.
• Legal Analyst, Channel 7, ABC-GO TV, San Francisco, California Legal Analyst, Channel 2, Fox-KTVU, Oakland, California. 10 O’clock News, Mornings on 2, Noon News. Throughout 1995-96 – 100 appearances, many featured.
• Legal Analyst, Channel 4, KRON, San Francisco, California, lst on 4 News; April 30, 1996; June 6, 1996 Interview, KRON TV, Channel 4, Daybreak, 10:00 News, O.J. Simpson Case Interview, ABC-GO TV, Channel 7, 6:00 p.m. News, Interview, O.J. Simpson Case, June 23-24, 1994 Featured Guest, National Business Report, January 4, 1996 (Syndicated Radio), Interview RE: Changes in Securities Class Action Suits
• Featured Guest, KSFO Radio, February 9, 1994, Debate With Attorney General Dan Lungren, 3 Strikes Initiative, Peter B. Collins Show
• Featured Guest, Talk America (Syndicated Radio), Immunity for President Clinton, May 21, 1994
• Featured Guest, KTFA, Brad Messer Show, Austin, Texas, May 20, 1994
• Featured Guest, KSFO, Political Correctness, December 20, 1993
• Featured Guest, WWLL, David Tyre Show (New Orleans, syndicated in 42 states)
• Featured Guest, KRLD, Glen Mitchell Show (syndicated in 15 states)
• Featured Guest, KERN, National Business Radio, September 21, 1994
• KTVU TV Legal Analyst, 2002