David L. Herzer, Jr.

Member

Attorney Profile

Dave Herzer is an attorney with substantive experience in several practice areas, focusing on general insurance defense, insurance coverage, product liability, lead poisoning, construction defects and contracts, employment law, health care law, and medical malpractice defense while representing a variety of clients in State and federal trial courts throughout Maine and in appeals before the Maine Law Court, the First Circuit Court of Appeals, and the U.S. Supreme Court.  Dave also practices before the Maine Public Utilities Commission as counsel for trade organizations.

An active member of local, state, national, and international bar associations or attorney organizations, Dave has held leadership positions in the Defense Research Institute and the Northern New England Defense Counsel Association (now known as The Tri-State Defense Lawyers Association). He has been a member of the Advisory Committee for the Maine Rules of Civil Procedure since 2010 involved in creating new rules and revising existing rules for civil litigation.  A member of the Maine Professional Ethics Commission since 2010, and its chair in 2017 and 2018, Dave has participated in formulating the Commission’s responses to questions raised by attorneys and writing articles and Opinions on issues of ethics.

Since 2013, Dave has played a leadership role in the Campaign for Justice, both as the firm representative and on committees within the Campaign’s fund-raising structure.  He  co-chairs the Campaign in 2018 with William Robitzek.

Dave has been a featured speaker at seminars conducted for hospitals, risk managers, private medical practices, insurance companies, attorneys, and the construction industry on matters of insurance, ethics, risk management, claim investigation, professional liability, and civil litigation.

Dave has authored two chapters in texts used as deposition practice guides for attorneys. One chapter is entitled “Expert Depositions – Medical Care Providers, Accountants, and Economists” written for the Massachusetts Continuing Legal Education/New England, a nonprofit publisher of legal reference materials. The second chapter appears in “The Comprehensive Guide to Lost Profits and Other Commercial Damages,” published by Business Valuation Resources.

Dave has achieved Martindale Hubbell’s highest peer review rating (AV® Preeminent), has been recognized in construction law as a New England Super Lawyer, and has received special mention as a “Future Star” in the firm’s listing as one of five “Highly Recommended Firms in Maine” by Benchmark Litigation.  His peers have repeatedly nominated him for The Best Lawyers in America® in the fields of defendant’s personal injury litigation, insurance law, and defendant’s professional malpractice law.  He was named “Lawyer of the Year” by The Best Lawyers in America® in the field of insurance law in 2014 and again in 2017 for defendant’s professional malpractice law.

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Affiliations

Admitted to Practice

  • U.S. District Court, District of Maine
  • U.S. Court of Appeals, First Circuit
  • U.S. Supreme Court
  • State of Maine

Member, Past and Present

  • Maine State Bar Association
  • Cumberland County Bar Association
  • American Bar Association
  • Defense Research Institute, State Representative
  • Northern New England Defense Counsel Association, President
  • American Law Firms Association, Construction Law and Product Liability Sections
  • Gignoux Inn of Court
  • Maine Trial Lawyers Association
  • American Subcontractors Association
  • Associated Constructors of Maine
  • Associated General Constructors of America
  • Civil Rules Advisory Committee
  • Professional Ethics Commission, Chair 2017 & 2018
  • Group Main Stream, Inc., former President, Board of Directors

Selected Reported Cases

  • Alexander v. Mitchell, 2007 ME 108, 930 A.2d 1016
  • Morey v. Stratton, 2000 ME 147, 756 A.2d 496
  • Butler v. Killoran, 1998 ME 147, 714 A.2d 129
  • Porrazzo v. Karofsk, 1998 ME 182, 714 A.2d 826
  • Vogt v. Churchill, 1997 ME 5, 687 A.2d 961; 679 A.2d 522 (Me. 1996)
  • Rice v. Lefebvre, 634 A.2d 963 (Me. 1993)

Awards, Merits & Honors

  • Recognized by Best Lawyers in America in multiple practice areas (since 2011)
  • “Lawyer of the Year” by Best Lawyers in America for 2014 in “Insurance Law” and for 2017 in Defendant’s “Professional Malpractice Law”
  • Identified among the New England Super Lawyers (since 2012)
  • Mentioned as a “Future Star” by Benchmark Litigation (since 2013)

Designations