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David L. Herbert is primarily a business/transactional lawyer who also engages in litigation and other practice areas.  He is uniquely involved in the sports, sports medicine and health and fitness fields and has helped develop industry standards and risk management plans and solutions for these industries.  He consults frequently in these areas and has made presentations and provided information to virtually every sector of these industries.  He has handled medical and other health care malpractice cases from both sides of litigation, personal injury cases, complex business litigation and similar practice areas.  His practice also includes estate and probate work, family practice, nursing home and retirement commuinty work and many other areas of practice at the trial and appellate levels, either directly or through other lawyers associated with him.  He is also a former Assistant Prosecuting Attorney and an elected official. He is rated AV ® Preeminent by Martindale Hubbell.

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Practice areas

Licensed

  1. Business: 20%
  2. Corporate: 20%
  3. Personal Injury: 10%
  4. Probate: 10%
  5. Other: 40%
  6. More 

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Payment types:

Cash, Check

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Contact info

David L. Herbert & Associates, LLC

4450 Belden Village Street, NW, #703
Canton, OH, 44718

Resume

License
StateStatusAcquiredUpdated
OHActive197401/13/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Awards
Award nameGrantorDate granted
AV PreeminentMartindale-Hubbell2015
Silver Key AwardAmerican Bar Association1974
Athletic and Academic ScholarshipsAthletic Scholarships at KSU, Academic Scholarships during Law SchoolN/A
Work experience
TitleCompany nameDuration
AttorneyDavid L. Herbert & Associates2008 - Present
AttorneyHerbert and Benson1990 - 2008
AttorneyHerbert, Treadon and Benson1980 - 1990
AttorneyHerbert and Treadon1975 - 1980
Assistant Prosecuting AttorneyStark County Prosecuting Attorney1974 - 1980
Associations
Association namePosition nameDuration
Defense Research InstituteN/A1980 - Present
Ohio State Bar AssociationN/A1974 - Present
Stark County Bar AssociationN/A1974 - Present
American Bar AssociationN/A1972 - Present
Legal cases
Case nameOutcome
Bench Signs Unlimited v Lake Board of Zoning Appeals (2002), 149 Ohio App. 3d 462.Appellate Court affirmed decision of trial court and found zoning ordinance was not unconstitutional.
Hensel v Board of Zoning Appeals, 2001, Ohio, 1377Appellate Court affirmed decision of trial court.
LiCause v City of Canton (1989), 42 Ohio St. 3d 109Ohio Supreme Court determined Ohio recreational use immunity statute applied to municipally owned land.
See all legal cases 
Publications
Publication nameTitleDate
RECREATION MANAGEMENTCertifiably Safer in the Fitness Industry2015
Fitness Trainer10 Essential Steps to Avoid Claims and Suits in Personal Training2015
American Fitness - BlogHealth Club Liability For Certified Fitness Personnel Who Lack Hands-On, Practical Training and Testing2015
American FitnessANSI Directs Withdrawal of American National Standard for Health/Fitness Facilities2014
THE EXERCISE, SPORTS AND SPORTS MEDICINE STANDARDS & MALPRACTICE REPORTERTough Mudder Sued in West Virginia Wrongful Death Case2014
Fitness TrainerNo American National Standard for Health & Fitness Industry, Substantial Irregularities Found in the Adoption Process2014
ClubIndustry.comCredentialing For Fitness Professionals and New Liability Concerns2014
ClubIndustry.comYour Legal Obligations to Deal with Anorexic Members in Your Health Club2014
FITNESS TRAINERMust Personal Trainers Be Regulated or Licensed?2014
NBFE.orgD.C. To Regulate Personal Trainers2014
THE PERSONAL TRAINER, A TALE OF PAIN, GAIN, GREED & LUSTTHE PERSONAL TRAINER, A TALE OF PAIN, GAIN, GREED & LUST2013
ACSM’s Resource Manual for Guidelines for Exercise Testing and Prescription – Seventh EditionLegal Considerations for Exercise Programming2013
American FitnessAccreditation of Fitness Professional Certification Organizations2013
THE SPORTS, PARKS & RECREATION LAW REPORTERBase Runner’s Collision with Softball Catcher Results in Suit2010
EXERCISE TESTING FOR PRIMARY CARE AND SPORTS MEDICINE PHYSICIANSLegal Aspects of Graded Exercise Testing2009
FITNESS MANAGEMENTCertification for Personal Trainers2008
RISK MANAGEMENT FOR HEALTH/FITNESS PROFESSIONALS LEGAL ISSUES AND STRATEGIESRISK MANAGEMENT FOR HEALTH/FITNESS PROFESSIONALS LEGAL ISSUES AND STRATEGIES2008
PREVENTIVE CARDIOLOGYCardiovascular Emergency Preparedness in Recreation Facilities at Major US Universities: College Fitness Center Emergency Readiness2007
CURRENT SPORTS MEDICINE REPORTSMedical –Legal Issues of Mild Traumatic Brain Injury2007
RECREATION MANAGEMENTStandards and Guidelines for Fitness Facilities: Sword or Shield?2006
LIFE FITNESSLegal and Risk Management Concerns for Personal Fitness Trainers2006
ACE CERTIFIED NEWSQuestion & Answer Column, AEDs2003
LEGAL ASPECTS OF PREVENTIVE, REHABILITATIVE AND RECREATIONAL EXERCISE PROGRAMS (Fourth Edition)LEGAL ASPECTS OF PREVENTIVE, REHABILITATIVE AND RECREATIONAL EXERCISE PROGRAMS (Fourth Edition)2002
BEST'S REVIEWRisks Abound for Amusements1999
FITNESS MANAGEMENTEmergency Response Plans Must Be in Writing1999
CLINICAL CARDIAC REHABILITATION, A CARDIOLOGIST’S GUIDE, SECOND EDITIONMedical-Legal Liability1998
WALL STREET JOURNALWays to Make Sure Your Personal Trainer Will Be on Your Side1998
PARTNERSHIP IN PROTECTIONTime Spent with Patients Does Make a Difference!1998
OHIO NORTHERN UNIVERSITY LAW REVIEWThe Use of Minors in Law Enforcement Undercover Operations1998
TEXTBOOK OF SPORTS MEDICINESports Medicine & The Law1997
AFAA PRIMER TEXTBOOK FOR THE FITNESS PRACTITIONERLegal Concerns for AFAA Fitness Practitioners1997
SPORTS MEDICINE PRINCIPLES OF PRIMARY CARELegal Issues in Sports Medicine1997
SPORTS MEDICINE IN PRIMARY CAREFootball Player’s Medical Negligence Case Will Proceed Against University1997
THE PHYSICIAN AND SPORTSMEDICINEPractice Guidelines - Response1996
THE BUSINESS OF PERSONAL TRAININGLegal and Professional Responsibilities of Personal Training1995
SPORTS MEDICINE IN PRIMARY CAREPhysician-Patient Confidences1995
THE LAWYER CARE PERSPECTIVEReturn Client Telephone Calls and Help Avoid Malpractice Claims1995
THE LAWYER CARE PERSPECTIVEContinuation of Legal Service Extends Statute of Limitation1995
IDEA: The Journal of Law and TechnologyHow Can we Judge Quality?1995
LODGINGIs There Risk Involved? (In Hotel Room Use of Exercise Equipment)1995
LEGAL ASPECTS OF SPORTS MEDICINE, SECOND EDITION,LEGAL ASPECTS OF SPORTS MEDICINE, SECOND EDITION,1995
ATHLETIC TRAININGLegal Aspects of Athletic Training1994
THE BUSINESS OF PERSONAL TRAININGLegal and Professional Responsibilities of Personal Training1994
STRENGTH AND CONDITIONINGInterfering With the Medical Care of Athletes1994
AMERICAN JOURNAL OF HEALTH PROMOTIONCalifornia Fitness Instructor Legislation Dies in Committee1994
STRENGTH AND CONDITIONINGSupervision for Strength and Conditioning Activities1994
AMERICAN JOURNAL OF HEALTH PROMOTIONNutritional counselor prohibited from practicing without a license1993
AMERICAN JOURNAL OF HEALTH PROMOTIONExercise Stress Tests Determined Not to Be Inherently Dangerous1993
AMERICAN JOURNAL OF HEALTH PROMOTIONExercise Stress Tests Determined Not to Be Inherently Dangerous1993
SPORTS MEDICINE DIGESTMedical-Legal Update - The Exercise of Independent Judgment: The Team Physician's Responsibilities1993
THE STAIRMASTER FITNESS HANDBOOKLegal Considerations In Graded Exercise Testing And Exercise Prescription1992
American Journal of Trial AdvocacyA Trial Lawyer's Guide to the Legal Implications of Recreational, Preventive and Rehabilitative Exercise Program Standards of Care1988
OPTIMAL HEALTHA Window of Legal Vulnerability?1985
CORPORATIONS OF CORRUPTION: A SYSTEMATIC STUDY OF ORGANIZED CRIMECORPORATIONS OF CORRUPTION: A SYSTEMATIC STUDY OF ORGANIZED CRIME1984
ATTORNEY'S MASTER GUIDE TO COURTROOM PSYCHOLOGY: HOW TO APPLY BEHAVIORAL SCIENCE TECHNIQUES FOR NEW TRIAL SUCCESSATTORNEY'S MASTER GUIDE TO COURTROOM PSYCHOLOGY: HOW TO APPLY BEHAVIORAL SCIENCE TECHNIQUES FOR NEW TRIAL SUCCESS1980
CASE AND COMMENTA Dress Code for the Criminal Defense Attorney1977
The Police Times 9A Proposal Which Would Effectively Terminate Investigations of Organized Crime1977
THE JUVENILE JUSTICE JOURNALThe Family Educational Rights and Privacy Act of 1974: Revisited1976
Law reviews, industry publications, newslettersAuthor of over 47 books, numerous book chapters and over 1000 articlesN/A
Education
School nameMajorDegreeGraduated
University of Akron School of LawLawJD - Juris Doctor1974
Kent State UniversityBusiness ManagementB.B.A.1971
Speaking engagements
Conference nameTitleDate
World Instructor Training Schools, WebinarIndustry Summit Update2014
Club Industry 2014 Conference and Exposition for Fitness Business ProfessionalsANSI Directs the Withdrawal of NSF Standard for Health/Fitness Facilities as an American National Standard and D.C. Determines to Regulate Personal Trainers2014
Summa Sports Health Symposium, Akron City HospitalHot Topics in Sports Medicine from the Legal Perspective2013
Club Industry Conference and Exposition for Fitness Business Professionals,Personal Trainer Summit - Update on Standards and Legislation2013
Athletic Business ConferenceFitness Facility Industry Standards Legal & Risk Management Concerns2012
Ohio State University Sports Medicine SeminarSelected Legal Aspects of Sports Medicine2011
American College of Sports MedicineMinimizing Legal Liability in Health/Fitness Programs: Strategies that Work!2011
National Intramural Recreational Sports Association (NIRSA) Annual Conference & Recreational Sports ExpositionFitness Personnel: Standards of Care & Legal Issues;2008
Akron General Medical Center: LEGAL ASPECTS IN THE CARE OF ATHLETES2005
Natinal Athletic Trainer's AssociationLEGAL ASPECTS OF THE PREPARTICIPATION PHYSICAL EXAMINATION OF ATHLETES2002
St. Elizabeth's Hospital Physicians ConferenceSPORTS MEDICINE LIABILITY CONCERNS2000
- American Association of Cardiovascular and Pulmonary Rehabilitation Annual Meeting ProgramETHICAL AND LEGAL DILEMMAS OF LIVING WILLS IN CARDIOPULMONARY REHABILITATION PROGRAMS1998
Crystal ClinicLEGAL & ETHICAL ISSUES IN SPORTS MEDICINE1997
Ohio Kinesiotherapy Association, Annual Conference MeetingLEGAL RECOGNITION AND CONCERNS RELATED TO KINESIOTHERAPY1996
U.S. Public Health Service, Department of Health and Human Services, Federal Investigator Training (F.I.T.) Coordinator WorkshopLIABILITY ISSUES FOR EXERCISE AND TRAINING PROGRAMS1995
Ohio State Medical AssociationCURRENT HOT MEDICAL-LEGAL ISSUES FOR INTERSCHOLASTIC TEAM PHYSICIANS1995
American Academy of Sports Medicine, fka American Orthopedic Society for Sports Medicine, Annual MeetingLEGAL ISSUES IN SPORTS MEDICINE, SYMPOSIUM AND INSTRUCTIONAL COURSE1995
The National Strength and Conditioning Association Annual MeetingLEGAL AND PROFESSIONAL CONCERNS FOR STRENGTH AND CONDITIONING COACHES1994
NFL Physicians Society/AOSSM ConferenceSPORTS MEDICINE 1994: AN NFL PERSPECTIVE; LEGAL ASPECTS RELATED TO THE MEDICAL CLEARANCE OF ATHLETES1994
College of Wooster, Sports Medicine ClinicSPORTS MEDICINE AND THE LAW1994
AFAA, APEX 94 INTERNATIONAL EDUCATIONAL CONFERENCELEGAL ASPECTS OF FITNESS PRACTITIONER CERTIFICATION - WRITTEN PROGRAM1994
The Cleveland ClinicLEGAL ASPECTS OF ATHLETIC TRAINING1993
AOMA ConferenceLEGAL-MEDICAL ASPECTS OF SPORTS MEDICINE1993
- AMSSM Medical-Legal WorkshopMEDICO-LEGAL ASPECTS OF SPORTS MEDICINE1993
Timken Mercy Regional Heart CenterLEGAL ASPECTS OF CARDIAC REHABILITATION1992
The Cleveland Clinic Foundation and Cleveland Clinic FloridaLIABILITY IN SPORTS MEDICINE1992
HEW Health Promotion Executive WorkshopLegal Aspects of Employer Health Promotion Programs1992
Jewish Community Centers Association, Health, Physical Education and Recreation Institute North AmericaLEGAL ASPECTS OF FITNESS AND WELLNESS PROGRAMS1991
Ohio Athletic Trainer's AssociationLEGAL ISSUES FOR ATHLETIC TRAINERS1990
American Heart Association Annual MeetingLANDMARK NEGLIGENCE CASES IN CARDIAC REHABILITATION1990
Heartwatchers International and the American Heart Association, Cardiac Rehabilitation: Administrative WorkshopLEGAL ASPECTS OF CARDIAC REHABILITATION1989
Aultman Hospital Sports Medicine ProgramLEGAL ASPECTS OF THE SPORTS MEDICINE TEAM1989
Cleveland Clinic Cardiac Rehab ConferenceCARDIAC REHABILITATION OF THE MEDICALLY COMPLEX PATIENT, LEGAL ASPECTS1988
AHA, ACSM, Cleveland Clinic, AOASM, numerous othersNumerous presentations to hospitals, associations and conferences in sports, sports medicine, medical and dental malpractice, risk management, health and fitness and similar industriesN/A