David A. Soley David A. Soley

David A. Soley


Meet David Soley, concentrating in complex real estate, business and constitutional trials.

David A. Soley

207 228-7300 direct
207 774-1200 main
207 774-1127 facsimile

100 Middle Street
PO Box 9729
Portland, ME 04104-5029

PRACTICES & INDUSTRIES SERVED Litigation & Dispute Resolution
Real Estate
  • Recognized in The Best Lawyers in America® 2021
    Commercial Litigation
    Litigation – Real Estate
    Real Estate Law
  • Rated AV Preeminent by Martindale-Hubbell
  • Award of Excellence, American Bar Association’s Litigation Section
  • Certificate of Appreciation, American Bar Association’s Litigation Section

Here’s why you’ll want him as your attorney.

David Soley leads Bernstein Shur’s Real Estate Litigation Group, is the author of the American Bar Association’s nationally acclaimed Real Estate Litigation Handbook and is recognized by Best Lawyers in America for his work in Real Estate Litigation. Mr. Soley concentrates his practice in the areas of business, real estate and constitutional litigation. He regularly represents entrepreneurs and property owners in disputes over boundaries, titles, easements, mortgage priorities, partitions, purchase and sale agreements and other real estate issues.

Mr. Soley spent four years as a trial lawyer in Washington D.C. before returning to Maine. Over the course of more than thirty-six years as a trial lawyer, Mr. Soley has specialized in complex litigation involving some of the largest companies in the United States and Europe. He routinely handles trials in federal and state courts, and has litigated high profile constitutional cases involving drug testing, pregnancy testing, mandatory jury fees, congressional term limits, prison headgear policies, ebola quarantines, no-contact policies applied to suspected victims of domestic violence, and the right of jail inmates to receive prescribed medications. He has also co-authored the ABA’s “The Trial Lawyer’s Guide to Success and Happiness.”

Every case is different and comes with distinct challenges in problem solving and achieving success. Mr. Soley thrives on mastering the facts, understanding and appreciating the needs of his clients and vigorously delivering successful and innovative results.

David is also very experienced in:

The acquisition, financing and rehabilitation of real estate and, in his spare time, is active in acquiring and improving commercial buildings and properties in the Greater Portland area.

When David isn’t working, he is…

Often presenting at conferences and seminars on various litigation topics. Among his most recent presentations are “Advanced Techniques for Cross-Examination,” ABA Litigation Annual Meeting, May 2009, Atlanta; “Walking in the Steps of Louis Brandeis,” ABA Annual Meeting, July 2009, Chicago; “Fallout from the Financial Crisis,” ABA Corporate Counsel Meeting, February 2010, Palm Springs; “Great Openings and Closings – By the Lawyers Who Gave Them,” April 2010, New York; “Recent Real Estate Cases,” Maine Real Estate Institute, May 2010, Augusta, Maine, “Road and Easement Law from A to Z,” NBI Seminar, September 2010, Portland, Maine, “Secrets of Real Estate Litigation,” Maine State Bar Association Summer Meeting, June 2011, Rockport, Maine, “Litigating Disputes Over Easements and Restrictive Covenants,” December 2011, Portland, Maine;“Law and Strategy in Access Easement Litigation,” Maine Real Estate Institute, September 2014, Augusta, Maine; “The Latest from the Law Court and Legislature,” Maine Real Estate Institute, September 2014, Augusta, Maine; “Homeless Litigation,” ABA Litigation Leadership Conference, January 2015, Laguna, California; “Health Law Symposium,” Suffolk Law School, March 2015, Boston, Massachusetts; “Practical Uses of Voir Dire,” ABA Litigation Webinar, April 2015, “Are We in a New Era of Dispute Resolution: Latest Cases and Statutes on Arbitration;” International Association of Lawyers Conference, Valencia, Spain, October 30, 2015; “Recent Developments in Real Estate Law,” January 22, 2016, Maine State Bar Association Annual Meeting, Portland, Maine; “The Trial Lawyer’s Guide to Success and Happiness,” April 15, 2016, ABA Litigation Section Annual Meeting, Chicago, Illinois; March 22, 2017, BU School of Public Health, “Maine v. Kaci Hickox: Public Health Protection or Ebola Panic,” Boston, MA; May 3, 2017, ABA Litigation Section Annual Meeting, “Lawyer’s Poker: Using the Lessons of Poker in Litigation,” San Francisco, CA; “Recent and Exciting Developments in Maine Real Estate Law,” June 23, 2017, Maine State Bar Association Annual Meeting, Sugarloaf, Maine; “Best Practices in Real Estate Litigation,” November 1, 2018, UIA International Association of Lawyers, Porto, Portugal; Guide to Litigation Happiness and Success,” ABA Litigation Annual Meeting, May 1, 2019, New York; Hotel Development in Portland and Maine: Opportunities, Challenges, and Forecasts, September 10, 2019, Portland, Maine; “Latest Developments in Real Estate Litigation,” UIA Congress, November 7, 2019, Luxembourg; Legal and Practical Implications of Safety Operating, Commercial and Residential Properties in the Time of COVID-19, June 19, 2020, Portland, Maine. He is also a recognized leader and Task Force Chair of the American Bar Association Section on Litigation, as well as President of the Real Estate Commission of the UIA International Association of Lawyers.



JD, Emory University School of Law, 1984
Notes and Comments Editor, Emory Law Journal
Member, Moot Court Society
Recipient, John Gilbert Gornall International Studies Award
Fletcher School of Law and Diplomacy (non-degree program), 1982
BA, Bates College, 1980, with honors

Admitted to practice
Maine, Georgia, Maryland, and District of Columbia

US Court of Appeals, First, District of Columbia, and Federal Circuits

US Supreme Court


Chair, American Bar Foundation Fellows, State of Maine
Chair, ABA Litigation Section Task Force on Mental Health and Wellness (Former Chair of Business Torts, Trial Practice, Advanced Planning, and Marketing Committees)
ABA Section on Litigation (Formerly on Council)
President, UIA Real Estate Commission
Vice President, Maine Volunteer Lawyers Program
Maine Real Estate and Development Association (Board Member)
Maine Volunteer Lawyers Program (Board Member)
Freeport Town (Former Council and Former Chair)
Maine Anti-Defamation League (Former Chair)
Maine State Bar Association
District of Columbia Bar
State Bar of Georgia