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
  • The Best Lawyers in America® 2024
    Commercial Litigation
    Litigation – Real Estate
    Real Estate Law
  • “Lawyer of the Year 2022” for Real Estate Law, Best Lawyers in America
  • 2023 AV Preeminent® – 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-eight 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:

  • June 2022: “The Latest and Greatest Developments in Maine Real Estate Law,” Maine State Bar Association; Bar Harbor, Maine;
  • June 2022: “Mistakes Developers Frequently Make,” MEREDA; Portland, Maine;
  • April 2022: “Happiness for Type-A Litigators,” ABA Litigation Section; Miami, Florida;
  • January 2021: “The Latest and Greatest Developments in Maine Real Estate Law,” Maine State Bar Association; Bar Harbor, Maine
  • June 2020: “Legal and Practical Implications of Safety Operating, Commercial and Residential Properties in the Time of COVID-19,” Portland, Maine.
  • November 2019: “Latest Developments in Real Estate Litigation,” UIA Congress, Luxembourg;
  • September 2019: “Hotel Development in Portland and Maine: Opportunities, Challenges, and Forecasts,” Portland, Maine;
  • May 2019: “Guide to Litigation Happiness and Success”, ABA Litigation Annual Meeting, New York;
  • November 2018: “Best Practices in Real Estate Litigation,” UIA International Association of Lawyers, Porto, Portugal;
  • June 2017: “Recent and Exciting Developments in Maine Real Estate Law,” Maine State Bar Association Annual Meeting, Sugarloaf, Maine;
  • May 2017: “Lawyer’s Poker: Using the Lessons of Poker in Litigation,” ABA Litigation Section Annual Meeting, San Francisco, CA;
  • March 2017: “Maine v. Kaci Hickox: Public Health Protection or Ebola Panic,” BU School of Public Health Boston, MA;
  • April 2016: “The Trial Lawyer’s Guide to Success and Happiness,” ABA Litigation Section Annual Meeting, Chicago, Illinois;
  • January 2016: “Recent Developments in Real Estate Law,” Maine State Bar Association Annual Meeting, Portland, Maine;
  • October 2015: “Are We in a New Era of Dispute Resolution: Latest Cases and Statutes on Arbitration;” International Association of Lawyers Conference, Valencia, Spain;
  • April 2015: “Practical Uses of Voir Dire,” ABA Litigation Webinar;
  • March 2015: “Health Law Symposium,” Suffolk Law School, Boston, Massachusetts;
  • January 2015: “Homeless Litigation,” ABA Litigation Leadership Conference, Laguna, California;
  • September 2014: “The Latest from the Law Court and Legislature,” Maine Real Estate Institute, Augusta, Maine;
  • September 2014: “Law and Strategy in Access Easement Litigation,” Maine Real Estate Institute, Augusta, Maine;
  • December 2011: “Litigating Disputes Over Easements and Restrictive Covenants,” Portland, Maine;
  • June 2011: “Secrets of Real Estate Litigation,” Maine State Bar Association Summer Meeting, Rockport, Maine;
  • September 2010: “Road and Easement Law from A to Z,” NBI Seminar, Portland, Maine,
  • May 2010: “Recent Real Estate Cases,” Maine Real Estate Institute, Augusta, Maine,
  • April 2010: “Great Openings and Closings – By the Lawyers Who Gave Them,” New York;
  • February 2010: “Fallout from the Financial Crisis,” ABA Corporate Counsel Meeting, Palm Springs;
  • July 2009: “Walking in the Steps of Louis Brandeis,” ABA Annual Meeting, Chicago;
  • May 2009: “Advanced Techniques for Cross-Examination,” ABA Litigation Annual Meeting, Atlanta

He is also a recognized leader and Budget Officer 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
  • Budget Officer, 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