David Herbert - Lawyer in North Canton, OH

David Lee Herbert

Corporate and incorporation Attorney at North Canton, OH

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V P of Ohio Restoration Solutions

Absolutely the best....

About David

Learn David’s areas of practice.

Practice areas

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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Licensed for 48 years

State OH

Status Active

Acquired 1974

Updated 11/14/2022

We have not found any instances of professional misconduct for this lawyer.

Contact David

Soles Law

6545 Market Ave N

North Canton, OH, 44721

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Reviews

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5.0 / 5.0

4 customer reviews

5 Star

100%

4 Star

3 Star

2 Star

1 Star

Posted by Dan | March 25, 2016

V P of Ohio Restoration Solutions

Mr. Herbert is a professional in every aspect. As the need arises from time to time to consult with him, we always receive punctual and great advice. I would highly recommend Mr. Herbert so that you can experience the best!

Posted by anonymous | March 25, 2016

Absolutely the best....

David Herbert is without a doubt, one of the best lawyers I've had the privilege of working with in my 35 years in business. His knowledge, professionalism and ability to get the job done is second to none. Don't hesitate consulting or hiring David for any reason....you won't regret it.

Posted by anonymous | March 24, 2016

CEO,

Couldn't be happier with Mr. Herbert's services over a lengthy period of time... Responsive, tenacious and very resourceful in handling a variety of issues for a global business required to meet national and international standards from a variety of regulatory agencies...

Posted by Ralph Warth | June 15, 2015

capable, knowlegable

Reviewed our case with objective scrutiny.

Cost

Resume

AVVO RATING 8.6 (Excellent)

Work Experience

Attorney
David L. Herbert & Associates
2008 - Present

Attorney
Herbert and Benson
1990 - 2008

Commission Member/Secretary
Stark County Public Defender Commission
1982 - 1988

Attorney
Herbert, Treadon and Benson
1980 - 1990

Associate Professor
Kent State University
1980 - 1988

Assistant Chair/Secretary
Ohio Governor's Organized Crime Law Enforcement Consulting Committee
1976 - 1978

Attorney
Herbert and Treadon
1975 - 1980

Assistant Prosecuting Attorney
Stark County Prosecuting Attorney
1974 - 1980

View all work experience

Education

University of Akron School of Law
JD - Juris Doctor
1974

Kent State University
BBA - Bachelor of Business Administration
1971

Legal Cases

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, 1377
Appellate Court affirmed decision of trial court.

LiCause v City of Canton (1989), 42 Ohio St. 3d 109
Ohio Supreme Court determined Ohio recreational use immunity statute applied to municipally owned land.

Associations

Defense Research Institute
1980 - Present

Ohio State Bar Association
1974 - Present

Stark County Bar Association
1974 - Present

American Bar Association
1972 - Present

Canton Area YMCA Medical Advisory Committee
1996 - 2000

Stark County Bar Association Executive Committee
1984 - 1987

Stark County Bar Association, Grievance Committee
1982 - 1984

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Languages Spoken

English

Awards

AV Preeminent
Martindale-Hubbell
2016

Premier Attorney
American Academy of Trial Attorneys
2016

Silver Key Award
American Bar Association
1974

Athletic and Academic Scholarships
Athletic Scholarships at KSU, Academic Scholarships during Law School
N/A

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Publications

RECREATION MANAGEMENT
Certifiably Safer in the Fitness Industry
2015

Fitness Trainer
10 Essential Steps to Avoid Claims and Suits in Personal Training
2015

American Fitness - Blog
Health Club Liability For Certified Fitness Personnel Who Lack Hands-On, Practical Training and Testing
2015

American Fitness
ANSI Directs Withdrawal of American National Standard for Health/Fitness Facilities
2014

THE EXERCISE, SPORTS AND SPORTS MEDICINE STANDARDS & MALPRACTICE REPORTER
Tough Mudder Sued in West Virginia Wrongful Death Case
2014

Fitness Trainer
No American National Standard for Health & Fitness Industry, Substantial Irregularities Found in the Adoption Process
2014

ClubIndustry.com
Credentialing For Fitness Professionals and New Liability Concerns
2014

ClubIndustry.com
Your Legal Obligations to Deal with Anorexic Members in Your Health Club
2014

FITNESS TRAINER
Must Personal Trainers Be Regulated or Licensed?
2014

THE PERSONAL TRAINER, A TALE OF PAIN, GAIN, GREED & LUST
THE PERSONAL TRAINER, A TALE OF PAIN, GAIN, GREED & LUST
2013

ACSM’s Resource Manual for Guidelines for Exercise Testing and Prescription – Seventh Edition
Legal Considerations for Exercise Programming
2013

American Fitness
Accreditation of Fitness Professional Certification Organizations
2013

THE SPORTS, PARKS & RECREATION LAW REPORTER
Base Runner’s Collision with Softball Catcher Results in Suit
2010

EXERCISE TESTING FOR PRIMARY CARE AND SPORTS MEDICINE PHYSICIANS
Legal Aspects of Graded Exercise Testing
2009

FITNESS MANAGEMENT
Certification for Personal Trainers
2008

RISK MANAGEMENT FOR HEALTH/FITNESS PROFESSIONALS LEGAL ISSUES AND STRATEGIES
RISK MANAGEMENT FOR HEALTH/FITNESS PROFESSIONALS LEGAL ISSUES AND STRATEGIES
2008

PREVENTIVE CARDIOLOGY
Cardiovascular Emergency Preparedness in Recreation Facilities at Major US Universities: College Fitness Center Emergency Readiness
2007

CURRENT SPORTS MEDICINE REPORTS
Medical –Legal Issues of Mild Traumatic Brain Injury
2007

RECREATION MANAGEMENT
Standards and Guidelines for Fitness Facilities: Sword or Shield?
2006

LIFE FITNESS
Legal and Risk Management Concerns for Personal Fitness Trainers
2006

ACE CERTIFIED NEWS
Question & Answer Column, AEDs
2003

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 REVIEW
Risks Abound for Amusements
1999

FITNESS MANAGEMENT
Emergency Response Plans Must Be in Writing
1999

CLINICAL CARDIAC REHABILITATION, A CARDIOLOGIST’S GUIDE, SECOND EDITION
Medical-Legal Liability
1998

WALL STREET JOURNAL
Ways to Make Sure Your Personal Trainer Will Be on Your Side
1998

PARTNERSHIP IN PROTECTION
Time Spent with Patients Does Make a Difference!
1998

OHIO NORTHERN UNIVERSITY LAW REVIEW
The Use of Minors in Law Enforcement Undercover Operations
1998

TEXTBOOK OF SPORTS MEDICINE
Sports Medicine & The Law
1997

AFAA PRIMER TEXTBOOK FOR THE FITNESS PRACTITIONER
Legal Concerns for AFAA Fitness Practitioners
1997

SPORTS MEDICINE PRINCIPLES OF PRIMARY CARE
Legal Issues in Sports Medicine
1997

SPORTS MEDICINE IN PRIMARY CARE
Football Player’s Medical Negligence Case Will Proceed Against University
1997

THE PHYSICIAN AND SPORTSMEDICINE
Practice Guidelines - Response
1996

THE BUSINESS OF PERSONAL TRAINING
Legal and Professional Responsibilities of Personal Training
1995

SPORTS MEDICINE IN PRIMARY CARE
Physician-Patient Confidences
1995

THE LAWYER CARE PERSPECTIVE
Return Client Telephone Calls and Help Avoid Malpractice Claims
1995

THE LAWYER CARE PERSPECTIVE
Continuation of Legal Service Extends Statute of Limitation
1995

IDEA: The Journal of Law and Technology
How Can we Judge Quality?
1995

LODGING
Is 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 TRAINING
Legal Aspects of Athletic Training
1994

THE BUSINESS OF PERSONAL TRAINING
Legal and Professional Responsibilities of Personal Training
1994

STRENGTH AND CONDITIONING
Interfering With the Medical Care of Athletes
1994

AMERICAN JOURNAL OF HEALTH PROMOTION
California Fitness Instructor Legislation Dies in Committee
1994

STRENGTH AND CONDITIONING
Supervision for Strength and Conditioning Activities
1994

AMERICAN JOURNAL OF HEALTH PROMOTION
Nutritional counselor prohibited from practicing without a license
1993

AMERICAN JOURNAL OF HEALTH PROMOTION
Exercise Stress Tests Determined Not to Be Inherently Dangerous
1993

AMERICAN JOURNAL OF HEALTH PROMOTION
Exercise Stress Tests Determined Not to Be Inherently Dangerous
1993

SPORTS MEDICINE DIGEST
Medical-Legal Update - The Exercise of Independent Judgment: The Team Physician's Responsibilities
1993

THE STAIRMASTER FITNESS HANDBOOK
Legal Considerations In Graded Exercise Testing And Exercise Prescription
1992

American Journal of Trial Advocacy
A Trial Lawyer's Guide to the Legal Implications of Recreational, Preventive and Rehabilitative Exercise Program Standards of Care
1988

OPTIMAL HEALTH
A Window of Legal Vulnerability?
1985

CORPORATIONS OF CORRUPTION: A SYSTEMATIC STUDY OF ORGANIZED CRIME
CORPORATIONS OF CORRUPTION: A SYSTEMATIC STUDY OF ORGANIZED CRIME
1984

ATTORNEY'S MASTER GUIDE TO COURTROOM PSYCHOLOGY: HOW TO APPLY BEHAVIORAL SCIENCE TECHNIQUES FOR NEW TRIAL SUCCESS
ATTORNEY'S MASTER GUIDE TO COURTROOM PSYCHOLOGY: HOW TO APPLY BEHAVIORAL SCIENCE TECHNIQUES FOR NEW TRIAL SUCCESS
1980

CASE AND COMMENT
A Dress Code for the Criminal Defense Attorney
1977

The Police Times 9
A Proposal Which Would Effectively Terminate Investigations of Organized Crime
1977

THE JUVENILE JUSTICE JOURNAL
The Family Educational Rights and Privacy Act of 1974: Revisited
1976

Law reviews, industry publications, newsletters
Author of over 47 books, numerous book chapters and over 1000 articles
N/A

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Speaking Engagements

Sports Health Symposium
Legal Aspects of Return to Play Decisions
2016

Athletic Business Conference New Orleans
Scope of Practice and Risk Management Concerns for Fitness Professionals
2015

World Instructor Training Schools, Webinar
Industry Summit Update
2014

Club Industry 2014 Conference and Exposition for Fitness Business Professionals
ANSI Directs the Withdrawal of NSF Standard for Health/Fitness Facilities as an American National Standard and D.C. Determines to Regulate Personal Trainers
2014

Summa Sports Health Symposium, Akron City Hospital
Hot Topics in Sports Medicine from the Legal Perspective
2013

Club Industry Conference and Exposition for Fitness Business Professionals,
Personal Trainer Summit - Update on Standards and Legislation
2013

Athletic Business Conference
Fitness Facility Industry Standards Legal & Risk Management Concerns
2012

Ohio State University Sports Medicine Seminar
Selected Legal Aspects of Sports Medicine
2011

American College of Sports Medicine
Minimizing Legal Liability in Health/Fitness Programs: Strategies that Work!
2011

National Intramural Recreational Sports Association (NIRSA) Annual Conference & Recreational Sports Exposition
Fitness Personnel: Standards of Care & Legal Issues;
2008

Akron General Medical Center
: LEGAL ASPECTS IN THE CARE OF ATHLETES
2005

Natinal Athletic Trainer's Association
LEGAL ASPECTS OF THE PREPARTICIPATION PHYSICAL EXAMINATION OF ATHLETES
2002

St. Elizabeth's Hospital Physicians Conference
SPORTS MEDICINE LIABILITY CONCERNS
2000

- American Association of Cardiovascular and Pulmonary Rehabilitation Annual Meeting Program
ETHICAL AND LEGAL DILEMMAS OF LIVING WILLS IN CARDIOPULMONARY REHABILITATION PROGRAMS
1998

Crystal Clinic
LEGAL & ETHICAL ISSUES IN SPORTS MEDICINE
1997

Ohio Kinesiotherapy Association, Annual Conference Meeting
LEGAL RECOGNITION AND CONCERNS RELATED TO KINESIOTHERAPY
1996

U.S. Public Health Service, Department of Health and Human Services, Federal Investigator Training (F.I.T.) Coordinator Workshop
LIABILITY ISSUES FOR EXERCISE AND TRAINING PROGRAMS
1995

Ohio State Medical Association
CURRENT HOT MEDICAL-LEGAL ISSUES FOR INTERSCHOLASTIC TEAM PHYSICIANS
1995

American Academy of Sports Medicine, fka American Orthopedic Society for Sports Medicine, Annual Meeting
LEGAL ISSUES IN SPORTS MEDICINE, SYMPOSIUM AND INSTRUCTIONAL COURSE
1995

The National Strength and Conditioning Association Annual Meeting
LEGAL AND PROFESSIONAL CONCERNS FOR STRENGTH AND CONDITIONING COACHES
1994

NFL Physicians Society/AOSSM Conference
SPORTS MEDICINE 1994: AN NFL PERSPECTIVE; LEGAL ASPECTS RELATED TO THE MEDICAL CLEARANCE OF ATHLETES
1994

College of Wooster, Sports Medicine Clinic
SPORTS MEDICINE AND THE LAW
1994

AFAA, APEX 94 INTERNATIONAL EDUCATIONAL CONFERENCE
LEGAL ASPECTS OF FITNESS PRACTITIONER CERTIFICATION - WRITTEN PROGRAM
1994

The Cleveland Clinic
LEGAL ASPECTS OF ATHLETIC TRAINING
1993

AOMA Conference
LEGAL-MEDICAL ASPECTS OF SPORTS MEDICINE
1993

- AMSSM Medical-Legal Workshop
MEDICO-LEGAL ASPECTS OF SPORTS MEDICINE
1993

Timken Mercy Regional Heart Center
LEGAL ASPECTS OF CARDIAC REHABILITATION
1992

The Cleveland Clinic Foundation and Cleveland Clinic Florida
LIABILITY IN SPORTS MEDICINE
1992

HEW Health Promotion Executive Workshop
Legal Aspects of Employer Health Promotion Programs
1992

Jewish Community Centers Association, Health, Physical Education and Recreation Institute North America
LEGAL ASPECTS OF FITNESS AND WELLNESS PROGRAMS
1991

Ohio Athletic Trainer's Association
LEGAL ISSUES FOR ATHLETIC TRAINERS
1990

American Heart Association Annual Meeting
LANDMARK NEGLIGENCE CASES IN CARDIAC REHABILITATION
1990

Heartwatchers International and the American Heart Association, Cardiac Rehabilitation: Administrative Workshop
LEGAL ASPECTS OF CARDIAC REHABILITATION
1989

Aultman Hospital Sports Medicine Program
LEGAL ASPECTS OF THE SPORTS MEDICINE TEAM
1989

Cleveland Clinic Cardiac Rehab Conference
CARDIAC REHABILITATION OF THE MEDICALLY COMPLEX PATIENT, LEGAL ASPECTS
1988

AHA, ACSM, Cleveland Clinic, AOASM, numerous others
Numerous presentations to hospitals, associations and conferences in sports, sports medicine, medical and dental malpractice, risk management, health and fitness and similar industries
N/A

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David Lee Herbert

About David

Learn David’s areas of practice.

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Contact David

Reviews

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Resume

Avvo Rating

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