David Russcol’s practice encompasses all aspects of litigation, from preliminary investigation to filing suit, through trial and pursuing appeals. He focuses on university sexual assault and discipline matters, appellate advocacy, employment and other civil actions, civil rights, and criminal defense. David is quick to grasp complex factual situations and legal principles, but he takes the time to develop a thorough understanding of all aspects of his cases. David’s experience clerking for state and federal judges and his attention to detail enable him to make forceful and innovative arguments on behalf of his clients. In 2016, 2017, and 2018, David Russcol was selected to the Rising Stars list by Super Lawyers.
Prior to joining Zalkind Duncan & Bernstein LLP, David served as a law clerk for then-Chief Judge Mark L. Wolf of the U.S. District Court for Massachusetts and for Justice Scott L. Kafker, then of the Massachusetts Appeals Court (currently a Justice of the Supreme Judicial Court). After graduating from law school, he was also a Fellow at the Berkman Center for Internet and Society at Harvard University, where his research focused on cyberlaw issues including technological interoperability and the laws governing bloggers and citizen journalists.
During law school, David was the Submissions Editor of the Harvard Journal of Law and Technology, and an editor of the Harvard Journal on Legislation. He interned at the Berkman Center for Internet and Society, where he successfully defended online critics of an alleged cult from a federal racketeering (RICO) suit, and also worked at the U.S. Attorney’s Office in Boston.
- Criminal Law
- Employment Law
- Appeals & Appellate
- District of Columbia
- District of Columbia Bar
- New York
- U.S. District Court, District of Massachusetts
- Zalkind Duncan & Bernstein LLP
- - Current
- Law Clerk
- Massachusetts Appeals Court
- Law Clerk
- U.S. District Court, Boston
- Harvard Law School
- J.D. (2007)
- Yale University
- B.A. (2004)
- Rising Star
- Super Lawyers
- 2016, 2017, 2018
- Standing at a Constitutional Divide: Redefining State and Federal Standing Requirements After Hollingsworth v. Perry
- Wash. & Lee L. Rev.
- The Eye of a Constitutional Storm: Pre-Election Review by the State Judiciary of Initiative Amendments to State Constitutions
- Mich. St. L. Rev.
- David A. Russcol's Website Profile
- Zalkind Duncan & Bernstein LLP Website
- Boston Lawyer Blog
- Boston Public Schools’ Secret Residency Enforcement Regime Violates Students’ Due Process Rights
23 September 2019
- Massachusetts SJC Says No Pre-Arraignment Diversion Without Prosecutor’s Approval
20 September 2019
- Supreme Judicial Court Imposes Limited Obligation on Prosecutors to Instruct Grand Juries in Murder Cases on Legal Implications of Exculpatory Evidence
10 September 2019
- Title IX and Sexual Assault on College Campuses: Back to School Edition
3 September 2019
- Can Plaintiffs in Federal Gender Discrimination and Sexual Harassment Cases Sue under Pseudonyms?
27 August 2019
- The First Circuit Reaffirms that Prior Conduct Can Prove Current Sexual Harassment or Other Discriminatory Harassment
23 August 2019
- In Haidak v. University of Massachusetts the First Circuit Fails to Grapple with the Messy Factual Realities of Campus Title IX Cases
15 August 2019
- SJC Addresses when Juveniles with Prior Unadjudicated Cases are Exempt from Misdemeanor Prosecution
13 August 2019
- First Circuit Decision in Haidak v. University of Massachusetts Includes Limited Progress for Due Process at Public Universities
7 August 2019