David John Luca

David John Luca

4.9
Rating: 8.7

Licensed for 20 years

Divorce and separation Lawyer at San Jose, CA
Practice Areas: Divorce & Separation, Criminal Defense, Marriage & Prenuptials, Uncontested Divorce

1252 Park Avenue, San Jose, CA

About David

Biography

Practice Areas

4

Practice Areas

Divorce and Separation 45%

Experience in all areas of contested divorce and legal separation proceedings including inter and intra state jurisdictional issues, alimony, child support, custody, visitation, property division and valuation and division of complex stock options. Trial experience on all issues. Have also participated in numerous custody evaluations both through Family Court Services and with local private evaluators. Experience in restraining Order and civil harassment Order trials.

20 years | 950 cases

45%
Criminal Defense 40%

Experience in all aspects of criminal defense from misdemeanor domestic violence and driving under the influence cases to three strikes, violent crime and drug prosecutions. Well versed in criminal procedure including filing motions to suppress, researching and applying constitutional principles to criminal law and filing motions to dismiss. Experienced in all phases of criminal trial including jury selection strategy, direct/cross examination, jury instructions and closing argument.

20 years | 750 cases

40%
Marriage and Prenuptials 10%

Drafted various pre and post nuptial agreements to modify the principles and provisions of our community property law tailored to meet an individual's preference. Whether it is modifying the terms of alimony upon separation, protecting appreciation of separate property assets or confirming the separate status of a spouse-owned business, I have drafted it.

20 years | 300 cases

10%
Uncontested Divorce 5%

One of the areas of my practice I would like to see grow the most. The experience gained in a litigation setting directly impacts my effectiveness as a mediator. My attitude is that no problem is without a creative solution.

20 years | 250 cases

5%

Fees and Rates

Cost

Hourly Rates

$ 425-495 per hour


Payment Methods

  • Cash
  • Check
  • Credit Card

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Licenses

Licensed in California for 20 years

State: California

Acquired: 2005

Active

No misconduct found

Location

Law Offices of David J. Luca

1252 Park Avenue, San Jose, CA, 95126

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David John Luca's Reviews

Avvo Review Score

4.9 /5.0

119 Client Reviews

Showing 11 - 15 of 31 reviews | General Knowledge

Posted by Randy | September 01, 2015 | Hired Attorney | Divorce & Separation

Simply the best

Very rarely do you come across a professional who not only knows their craft but knows the profession they work in so well that they have an uncanny way of comforting their clients in a way that no other professional can. David is that consummate professional. He Definiately understands the law but... he understands people in general if I didn't know better I would think he has an additional degree in psychology. David has a way of being able to not only explain the law but also explain how people in a very volatile situation and especially in the emotional situation such as divorce and separation law will react and act to certain situations and circumstances. I have found David to be an extremely valuable resource not only to me but to my friends. After first meeting with David, you will definitely realize that you are in good hands and know you have chosen the right attorney for your case.

Posted by JR McKee | June 29, 2015 | Divorce & Separation

One of an elite group of attorney's with integrity, focus and sense of urgency to perform.

First of all David was referred by a trusted friend. From the very beginning it was clear he was a bottom line, to the point, let's get it done, no BS kinda guy, no "fluffy" or vague answers just to get billable hours on the clock, just honest, from the heart, genuine responses based on his exten...sive experience. Davids knowledge and expertise was absolutely key in the quick, fair resolution of what could have escalated, in the hands of a lesser skilled attorney, into a full blown knock down drag out battle which we were both (David & I) clearly worked hard to avoid. Davids candor, sense of humor and reassuring command of the law, backed up with his experience made the process smooth, reasonably predictable and while not enjoyable due to the gravity of going through the divorce process, a far less traumatic experience than it could have been. In my opinion, having seen many colleagues, friends and clients go through this process, I cannot imagine going to court with anybody of lesser ability or style. David's got swag, charm and a no nonsense, but commanding presence which commands respect in personal interview situations, negotiations with other attorney's and in court. I pray to God I never go through divorce again, however in highly unlikely event I were to find myself in that situation, David would, without question be my go to authority. Having referred many clients to him since my divorce, I've received nothing but high praise of David's work, echoing my personal experience. I would hands down recommend David.

Posted by Lisa | December 30, 2013 | Divorce & Separation

Trustworthy and Professional

David has exceeded my expectations. Not only is he a great person and easy to get along with, he is very knowledgeable (he caught things my ex's lawyer missed!) and honest. If he doesn't feel you will win something, he won't hesitate to tell you rather than drag it out into court (and racking up more... $$). Throughout my divorce he has never been anything other than professional, cordial and caring. One of the the many things I appreciate about David is that he is not super super aggressive and pushy. Don't get me wrong, he will battle it out for you if it comes to that. And if you are dealing with someone who can be downright nasty, David will put them in their place. Anyhow, throughout all the stresses and tears, I really felt like he had my back. I also noticed that so far I have paid less than my ex. I know lawyers aren't cheap but I feel David has been worth every penny thus far.

Posted by anonymous | October 21, 2013

Proud to hire David Luca as my attorney

Excellent lawyer with lot of knowledge. Guides you throughout the case and always keep you up to date with the case status. 99% of your stress is gone away once you discuss your case with him and hire him. Takes the problem of his client as his own problem and puts every effort to help the client get... out of it. In my case, he did excellent work and brought me out of the trouble!!

Posted by anonymous | July 09, 2013 | Lawsuits & Disputes

David has a winning attitude, a must have for every attorney.

I hired David to help me with one court appearance, and he exceeded my expectations. I met with him to discuss my case, and to ensure he understood my goals. When I deviated from course, he helped me understand why my reaction was inconsistent with my goals. This saved me a lot of time and money,... and he helped me get a judgment in my favor on ALL issues. He got more things accomplished in one court appearance, than my previous lawyers were able to do in over the periods that I worked with them. David knows how to win. He knows when to be aggressive and when to back off. I highly recommend him, and would hire him again if the need ever came up.

See All Client Reviews

David John Luca's Lawyer Endorsements

Endorse David
Nicole Fraser headshot
Nicole Fraser

Criminal defense lawyer | Apr 08

Relationship: Fellow lawyer in community

"I have worked with numerous defense attorneys over the years and David is a clear stand-out. David is an outstanding aggressive criminal defense attorney. He knowledgeably litigates the case for the best possible scenario for his client."

Steven Paul Cohn headshot
Steven Cohn

Divorce and separation lawyer | Jul 15

Relationship: Worked together on matter

"I endorse this lawyer.Mr. Luca has been recommended among my own clients, and I have made a number of past referrals to him with terrific results reported back to me. I continue to feel comfortable sending this capable attorney those in need of his skilled insight and advocacy. Besides being very good in a courtroom setting, he really is a nice guy, while fully able to bear down in a challenging cross examination. I highly regard this talented attorney."

Arlette Argyris headshot
Arlette Argyris

Family lawyer | Jul 05

Relationship: Opposing Counsel on matter

"David is extremely professional and a fierce advocate for his clients. He is always responsive and easy to work with. David is very knowledgeable about the law and dedicated to his clients. I endorse this lawyer."

Andrea Rene Mah headshot
Andrea Mah

Family lawyer | Jul 03

Relationship: Opposing Counsel on matter

"David is extremely professional and easy to work with. He is an excellent advocate for his clients. I endorse this lawyer."

Judy Lea Burger headshot
Judy Burger

Family lawyer | Jan 27

Relationship: Opposing Counsel on matter

"I endorse this lawyer. I have worked with David on a highly conflicted custody and divorce matter. He is a strong advocate, knowledgeable and smart."

Victor Knapp headshot
Victor Knapp

Criminal defense lawyer | Jan 15

Relationship: Worked together on matter

"Had a very complex case that required the involvement of a sharp Criminal Defense Lawyer in San Jose. Was referred to David by a trusted collegue and what a GodSent he is. A very smart man and a even smarter lawyer!"

Richard Alan Wingerden headshot
Richard Wingerden

Criminal defense lawyer | Oct 15

Relationship: Fellow lawyer in community

"I endorse this lawyer. I have had the opportunity to witness his work in the courtroom and have found him to be diligent and hardworking. He is well respected in the legal community."

Christopher Duane Hirz headshot
Christopher Hirz

Divorce and separation lawyer | May 26

Relationship: Opposing Counsel on matter

"I have worked with David many times. He is an aggressive advocate for his clients and is extremely knowledgeable of the law."

Andrew George Marcellino headshot
Andrew Marcellino

Unknown lawyer | Jul 03

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Michael S. Waddington headshot
Michael Waddington

Criminal defense lawyer | May 23

Relationship: Fellow lawyer in community

"I endorse David. He is a highly skilled attorney that is well respected in the legal community."

Rory S. Coetzee headshot
Rory Coetzee

Divorce and separation lawyer | Jan 18

Relationship: Fellow lawyer in community

"I endorse this lawyer."

James Justin Steinle headshot
James Steinle

Divorce and separation lawyer | Dec 06

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Thomas Nicholas Cvietkovich headshot
Thomas Cvietkovich

Criminal defense lawyer | Jul 18

Relationship: Fellow lawyer in community

"Dave knows his stuff! He works really hard for his clients and does good battle in the courtroom when necessary."

Daniel Jensen headshot
Daniel Jensen

Criminal defense lawyer | Feb 28

Relationship: Fellow lawyer in community

"I endorse this lawyer. I have watched David on numerous occasions in court and find him to be one of the best young attorneys in Santa Clara County. He has a good balance of poise, aggressiveness and street smarts."

Evelyn M Rodriguez headshot
Evelyn Rodriguez

Family lawyer | Apr 12

Relationship: Opposing Counsel on matter

"I endorse this lawyer's work."

View All Endorsements
Arlette Argyris headshot
Arlette Argyris

Family lawyer

Andrea Rene Mah headshot
Andrea Mah

Family lawyer

Karen Marie Hubbell headshot
Karen Hubbell

Family lawyer

Judy Lea Burger headshot
Judy Burger

Family lawyer

Victor Knapp headshot
Victor Knapp

Criminal defense lawyer

Jeffrey D. Cohen headshot
Jeffrey Cohen

Criminal defense lawyer

Richard Alan Wingerden headshot
Richard Wingerden

Criminal defense lawyer

Christopher Duane Hirz headshot
Christopher Hirz

Family lawyer

Raul Armando Ray headshot
Raul Ray

Immigration lawyer

Steven Allen Dinneen headshot
Steven Dinneen

Family lawyer

Rory S. Coetzee headshot
Rory Coetzee

Family lawyer

James Justin Steinle headshot
James Steinle

Family lawyer

Steven Paul Cohn headshot
Steven Cohn

Employment and labor lawyer

Daniel Jensen headshot
Daniel Jensen

Criminal defense lawyer

Nicole Fraser headshot
Nicole Fraser

Family lawyer

Experience

Rating:  8.7 (Excellent)

Honors

2004

Honors Moot Court Runner-Up for Best Oral Argument, Santa Clara University School of Law

2004

Witkin Award for Academic Excellence in Evidence, Santa Clara University School of Law

2004

Witkin Award for Academic Excellence in Constitutional Law, Santa Clara University School of Law

Work Experience

2005 - Present

Attorney, Law Offices of David J. Luca

Associations

2007 - Present

Federal Court; Northern District of CA

Admitted Attorney

2005 - Present

Santa Clara County Bar Association

Member

2005 - Present

National Association of Criminal Defense Lawyers

Member

Sample of Legal Cases

D.S. & D.H.

Move-Away to Minnesota Granted

People v. A.R.

Not Guilty Verdict

People v. L.P.

Not Guilty Verdict/Lesser Crime

See More Legal Cases

Education

2005

Santa Clara University School of Law

Juris Doctor

2001

University of California Santa Barbara

Bachelor of Arts

Speaking Engagements

2007

Santa Clara County Bar Association Continuing Education

Understanding Criminal Law and Domestic Violence Prosecutions as they Relate to Family Law

Languages

English

Activity

Avvo Rating

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10.0 - 9.0 Superb8.9 - 8.0 Excellent7.9 - 7.0 Very Good6.9 - 6.0 Good5.9 - 5.0 Average4.9 - 4.0 Concern3.9 - 3.0 Caution2.9 - 2.0 Strong Caution1.9 - 1.0 Extreme Caution