Millstein, David J
David J Millstein

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David J. Millstein
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Martindale Hubbell


David Millstein is the founder of Millstein & Associates. Mr. Millstein represents clients at both the trial and appellate levels throughout California. He has trial and appellate experience in many areas of law including, business and business entities, commercial, contract, real estate, medical malpractice, and family law.

During his more than 30 years as a practicing attorney, David Millstein 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. Throughout, he has given his clients the “small-firm” experience of personalized attention that is tailored to best understanding and achieving his clients’ goals in a cost-effective manner. His 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.

As an attorney adept at handling a variety of legal issues, David’s trial and litigation practice include disputes involving business and commerce, employment, custody and probate, and personal injury. His work for both plaintiffs and defendants has resulted in victories at all levels in local, state and federal courts. When more resources are needed for the largest cases, David has assembled and led teams of other experienced attorneys.

David’s talents have been recognized by satisfied clients and by his peers in the legal community. In academia, David has been invited to share his knowledge of trial advocacy with aspiring attorneys and taught extensively as an adjunct professor of law at Hastings College of the Law, on the faculty of the Advocacy Clinic at Stanford University Law School, at Berkeley Law as well as at the University of San Francisco Institute for Trial Advocacy.

David has been recognized in the legal industry with numerous professional appointments, including his service with the Judicial Committee of the Bar Association of San Francisco, where he helps to evaluate and vet judicial candidates. Also, The State Bar of California Board of Governors appointed David as a Probate Monitor of the Office of Trials. His capable negotiation skills were showcased when he served as the arbitrator of the United States District Court for the Northern District of California for several years. Finally, his legal aptitude has been utilized in San Francisco Superior Court where he has handled civil disputes as a Judge Pro Tem.

With a strong background in trial and litigation, David has the savvy to pursue mediation and arbitration whenever it may save time, money and hassle for his clients.

In addition to his longtime private practice, David served for one year as Chief Assistant District Attorney in San Francisco. Throughout his career, media sources have sought him out to provide insightful commentary on topical, timely and newsworthy cases. In addition, numerous law journals and other publications have published David’s legal writing and commentary. He earned his law degree at the University of California at Berkeley Boalt Hall School of Law.


  • University of California at Berkeley, Bachelor of Arts, cum laude, Phi Beta Kappa, Regent’s Scholar
  • University of California at Berkeley, School of Law, Doctor of Jurisprudence


  • Stanford Law School, Trial Advocacy Program, 2000-present.
  • Hastings College of the Law, University of California, Adjunct Professor of Law, 1993 – 1997, 2001 – 2005. (Trial Advocacy)
  • School of Law, U.C. Berkeley, Lecturer, 1995 (Evidence Advocacy)

Speaking and Other Teaching

  • Commonwealth Club, Lafayette, Keynote, Speaker, California.
  • California Psychological Association, Panelist, Psychologist’s Testimony: Family, Criminal Worker’s Compensation and Personal Injury Cases, April 2, 1993
  • San Francisco Bar Association, February 16, 1993 Lecturer, Essential Aspects of Screening Cases,
  • San Francisco Bar Association, Communication Techniques and Trial Advocacy, MCLE Program, September 13, 1994
  • San Francisco General Hospital, Legal Implications of Suicidality in AIDS Patients, In Service.
  • Continuing Education for Attorneys, MCLE Program, Techniques of Persuasion, Hastings College of the Law.
  • National Institute for Trial Advocacy (NITA).
  • University of San Francisco School of Law, Faculty, Intensive Advocacy Program.
  • San Francisco Bar Association, Advocacy Training For Public Interest Lawyers,
  • California Women Lawyers, Panelist “Breaking the Glass Ceiling Conference”,
  • American Academy of Emergency Medicine, Anti-kickback Cases, Lecture.
  • Calif. Assoc. of Certified Fraud Examiners, Panelist, Domestic Violence Investigations,
  • Harvard Club, San Francisco, Recent Developments in the S.F. Dist. Attorney’s Office.”
  • California CPA Association, “Working with Attorneys & Presentation of Accounting Opinions”

Media Engagements

  • KTVU and KGO Legal Commentator, O.J Simpson Case, throughout.
  • Featured Guest, Peter B. Collins Show, Debate with Attorney General Dan Lungren, 3 Strikes Initiative, KSFO Radio, February 9, 1994
  • Featured Guest, Immunity for President Clinton, Talk America (Syndicated Radio), May 21, 1994
  • Featured Guest, Brad Messer Show, KTFA, Austin, Texas, May 20, 1994
  • Featured Guest, Political Correctness, KSFO, December 20, 1993
  • Featured Guest, David Tyre Show, WWLL, New Orleans (Syndicated in 42 States),
  • Featured Guest, Glen Mitchell Show (Syndicated in 15 States), KRLD
  • Featured Guest, National Business Radio, KERN, September 21, 1994
  • Press Conference: Campaign Financing Investigation in San Francisco Board of Supervisors Race, KTVU (Fox), KRON, San Francisco, March 10, 1993

Past Positions

  • Law Offices of David J. Millstein, Owner,
  • Chief Assistant District Attorney, San Francisco


  • Telephone Depositions, The Practical Litigator, January, 1994
  • Assembly Bill 185 (Principal Drafter), 1991
  • Taking or Opposing Telephone Depositions, The Practical Litigator, American Bar Association-American Law Institute, Volume 5, Number 2, March, 1994
  • A Road Map to Interstate Deposition Practice, The Practical Litigator, American Bar Association-American Law Institute, Volume 4, Number 3, May, 1993
  • The S & L LItigation Explosion, California Lawyer, Volume 11, Number 12, December, 1991
  • How to Prepare For, Take and Use Depositions (Supplement Author), 1995 Supplement (James Publications), 1995
  • ALI-ABA’s Practice Checklist Manual on Taking Depositions, (Contributor), Mark Carroll, Editor (ABI-ALI), 1995
  • Corporate Practice of Medicine, lifeline, American College of Emergency Physicians, California Chapter, October 2001
  • Coercive Contracting, lifeline, American College of Emergency Physicians, California Chapter, September 2000

Professional Associations

  • San Francisco Bar Association.
  • American Bar Association, Member, Section of Litigation, Sub-Section of Insurance Coverage
  • San Francisco Bar Association, Member, Section of Litigation
  • Sycamore Park Neighborhood Association, Secretary, 1990 to 1991
  • Hastings College of Advocacy, Personal Injury Institute, Chair.
  • City and County Municipal Court of San Francisco, Judge Pro Tempore, 1984 -2008
  • State Bar of California, Office of Trials, Probation Monitor, Appointed by Board of Governors, July 1994 – Present
  • San Francisco District Attorney’s Office, Transition Team Member, Sub-Committee of Personnel, 1996 to 1996
  • Naval Academy Foreign Affairs Conference, Delegate, 1974 to 1974
  • California Trial Lawyers Association, Member, Judicial Committee, Business Committee Sub-section, 1993 to 1994
  • San Francisco Bar Association, Business Litigation Section
  • San Francisco Bar Association, Labor & Employment Law Section
  • San Francisco Bar Association, Family Law Section
  • American Bar Association, Health Law Section

Bar Admissions

  • California
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Central District of California
  • U.S. District Court Western District of Arkansas
  • U.S. District Court Southern District of New York
  • U.S. Court of Appeals District of Columbia Circuit

Practice Areas

  • Commercial and Business Law
  • Real Estate Litigation
  • Medical and Physicians
  • Employment and Labor
  • Individual And Family


  • A.V. Rating, Martindale-Hubbell Law Directory, 1994 - Present
  • Who's Who in American Law, 1993 - Present

Representative Cases

  • Heda v. Superior Court (Davis), 275 Cal.Rptr. 136, 1990, Cal.App. 1 Dist., 1990166459