David Elias Fetterman was admitted to the California Bar 4th November 1997, but has since been disbarred. David graduated from USC Law School.

Lawyer Information

NameDavid Elias Fetterman
First Admitted4 November 1997 (26 years, 6 months ago)
StatusDisbarred
Bar Number189990

Contact

Current Email[email protected]
Phone Number925-451-0557

Schools

Law SchoolUSC Law School (Los Angeles CA)
Undergraduate SchoolUniversity of California at Los Angeles (CA)

Address

Current Address971 Hawthorn Dr
Lafayette, CA 94549
Map

History

16 September 2007Disbarred (16 years, 7 months ago)
Disbarment 06-N-14173
29 March 2007Not eligible to practice law in CA (17 years, 1 month ago)
Ordered inactive 06-N-14173
16 December 2006Not eligible to practice law in CA (17 years, 4 months ago)
Ordered inactive 06-N-14173
23 October 2006Disciplinary charges filed in State Bar Court 06-N-14173 (17 years, 6 months ago)
9 July 2006Not eligible to practice law in CA (17 years, 10 months ago)
Discipline w/actual suspension 06-PM-10546
9 July 2006Not eligible to practice law in CA (17 years, 10 months ago)
Discipline w/actual suspension 06-PM-10545
2 April 2006Not eligible to practice law in CA (18 years, 1 month ago)
Ordered inactive 06-PM-10546
2 April 2006Not eligible to practice law in CA (18 years, 1 month ago)
Ordered inactive 06-PM-10545
23 February 2006Not eligible to practice law in CA (18 years, 2 months ago)
Suspended, failed to pass Prof.Resp.Exam 01-C-01980
2 March 2005Not eligible to practice law in CA (19 years, 2 months ago)
Discipline w/actual suspension 03-N-04421
4 November 2003Disciplinary charges filed in State Bar Court 03-N-04421 (20 years, 6 months ago)
16 September 2003Not eligible to practice law in CA (20 years, 7 months ago)
Suspended, failed to pay fees
1 August 2003Not eligible to practice law in CA (20 years, 9 months ago)
Discipline w/actual suspension 01-C-01980
25 September 2002Disciplinary charges filed in State Bar Court 02-O-12711 (21 years, 7 months ago)
29 July 2002Conviction record transmitted to State Bar Court 01-C-01980 (21 years, 9 months ago)
13 June 2002Disciplinary charges filed in State Bar Court 01-O-03732 (21 years, 10 months ago)
4 November 1997Admitted to the State Bar of California (26 years, 6 months ago)

Discipline Summaries

September 16, 2007

DAVID ELIAS FETTERMAN [#189990], 36, of Lafayette was disbarred Sept. 16, 2007, and was ordered to comply with rule 9.20 of the California Rules of Court. In a default proceeding, the State Bar Court found that Fetterman violated rule 955 of the California Rules of Court, since renumbered as rule 9.20. He did not submit to the court an affidavit stating that he notified his clients, opposing counsel and other pertinent parties of his suspension from practice. Violation of rule 955 is grounds for disbarment.

Fetterman has four previous disciplines. In 2003, he was disciplined for misconduct in two client matters and for a criminal conviction for misdemeanor possession of child pornography. He failed to refund unearned fees, provide an accounting for fees, respond to client inquiries, perform legal services with competence or cooperate with the bar’s investigation and he improperly withdrew from representation.

In 2005, he stipulated that he failed to comply with rule 955 by not submitting the required affidavit to the Supreme Court. His probation was revoked last year in both the 2003 and 2005 matters.

July 9, 2006

DAVID ELIAS FETTERMAN [#189990], 38, of Lafayette Probation was revoked, the previous stay of suspension was lifted and he was actually suspended for two years and until he proves his rehabilitation, attends ethics school and makes restitution, and he was ordered to comply with rule 955. Credit toward the suspension will be given for a period of involuntary inactive enrollment that began April 2, 2006. Two concurrent and identical orders, involving two separate disciplines, took effect July 9, 2006.

There are two underlying discipline cases. In a 2003 matter, Fetterman was disciplined for misconduct in two client matters and for a criminal conviction for misdemeanor possession of child pornography. In the client matters, he failed to refund unearned fees, provide an accounting for fees, respond to client inquiries, perform legal services with competence or cooperate with the bar's investigation. He also improperly withdrew from representation.

In a 2005 matter, he stipulated that he failed to comply with rule 955 by not submitting the required affidavit to the Supreme Court.

Fetterman did not participate in the probation revocation proceedings.

March 2, 2005

DAVID E. FETTERMAN [#189990], 37, of Lafayette was suspended for two years, stayed, placed on two years of probation with a six-month actual suspension and was ordered to prove his rehabilitation. The order took effect March 2, 2005.

Fetterman stipulated that he did not comply with rule 955 by failing to file an affidavit with the Supreme Court stating that he notified all his clients and other pertinent parties of his suspension.

In 2003, he admitted to misconduct in three cases, including failing to refund unearned fees, provide an accounting of fees, respond to a client’s status inquiries, perform legal services competently or cooperate with the bar’s investigation, and he improperly withdrew from employment. He also was found guilty in 2002 of one count of misdemeanor possession of child pornography.

In the new case, the bar acknowledged significant mitigation in view of Fetterman’s diagnosis of Hodgkin’s disease, for which he underwent chemo and radiation therapy.

August 1, 2003

DAVID ELIAS FETTERMAN [#189990], 35, of Northridge was suspended for two years, stayed, placed on two years of probation with an actual one-year suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect Aug. 1, 2003.

Fetterman stipulated to misconduct in three cases.

He was hired to prepare a petition for conservatorship with regard to his client's elderly father. When he did not do the work quickly, the client fired him and asked for an accounting of the $1,000 fee and a refund of all unearned fees. After a second request for a refund, Fetterman sent her a check for $700. The check bounced and he provided no further funds.

In a second matter, he was retained to prepare and file a bankruptcy petition before a certain date. Fetterman also told his clients he would contact their creditors to stop further harassing telephone calls.

Over the next four months, the clients called him 33 times seeking information about their case, but Fetterman did not return the calls. They asked for a refund of their fee, but none was forthcoming. Fetterman did not do any legal work for the clients, who continued to receive calls from creditors demanding payment.

Fetterman stipulated that he failed to refund unearned fees, provide an accounting of fees, respond to a client's status inquiries, perform legal services competently or cooperate with the bar's investigation, and he improperly withdrew from employment.

In the third case, Fetterman was found guilty of one count of misdemeanor possession of child pornography in 2002. According to the complainant in the underlying criminal case, Fetterman took part in an online chat and consistently expressed a sexual interest in children and child pornography. He sent two photos of adult males having sex with minors. The FBI identified Fetterman through his internet screen names and a search of his residence and law office turned up child pornography on his computer.

Fetterman cooperated with the bar's investigation.