David A. Soley
Bernstein, Shur, Sawyer & Nelson, P. A.
Recognized for
Real Estate Litigation
The Elite Counsel Perspective
A developer and former title searcher, David applies exceptional industry insight to real estate litigation, with judgment honed across more than 200 trials, hearings and appeals.
A developer and former title searcher, David applies exceptional industry insight to real estate litigation, with judgment honed across more than 200 trials, hearings and appeals.
Overview
David leads the Real Estate Litigation practice group at Bernstein Shur. For more than 42 years, he has represented property owners, developers, entrepreneurs, lenders, tenants, title insurers and individuals in real estate disputes across Maine and northern New England. His experience spans more than 200 trials, contested hearings and appeals.
His real estate litigation practice covers boundary and easement disputes; road, water and beach access; title defects and encumbrances; and disputes over purchase and sale agreements. He also handles partition and co-ownership matters, mortgage priority and lien conflicts, restrictive covenants, commercial leases, and litigation involving land use or business disputes tied to real estate assets. Beyond property matters, David has represented clients in business and constitutional law disputes.
David’s understanding of real estate comes from work both inside and outside the courtroom. Before becoming a lawyer, he worked as a title searcher. He comes from a family of builders and developers, is a developer himself, and has owned commercial real estate for most of his career. That background informs his approach to the practical issues underlying property disputes. He is the author of the American Bar Association’s Real Estate Litigation Handbook and co-author of The Trial Lawyer’s Guide to Success and Happiness.
Alongside his practice, David has taught trial advocacy and real estate litigation programs for Maine attorneys. He has held leadership roles within the American Bar Association and served as President of the Real Estate Commission of the Union of International Advocates. His public-service work includes the Maine Volunteer Lawyers Project and the Maine Homeless Legal Clinic. He serves on the board of the Maine Jewish Museum, is Vice President of the Maine Orchid Society and is a former Council Chair of Freeport, Maine.
Education
- JD, Emory University School of Law
- Notes and Comments Editor, Emory Law Journal
- Member, Moot Court Society
- Recipient, John Gilbert Gornall International Studies Award
- Non-degree Program, Fletcher School of Law and Diplomacy
- BA, Bates College, with honors
Admissions
- State of Maine
- State of Georgia
- State of Maryland
- District of Columbia
- US Court of Appeals for the First Circuit
- US District Court for the District of Columbia
- US Court of Appeals for the Federal Circuits
- US Supreme Court
Honors & Recognition
The Best Lawyers in America® 2027 (Ranked since 2013)
- 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
Professional Associations
American Bar Association
- Leader, 2002-present
Maine Real Estate & Development Association (MEREDA)
- Board of Governors, 2015-2024
American Bar Foundation Fellows, State of Maine
- Chair, 2018-2025
Union Internationale des Avocats (UIA) Real Estate Commission
- President, 2020-2025
Maine Volunteer Lawyers Program
- 2015-2025
Town of Freeport, Maine
- Chair/Town Councilor 1996-2002