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David Lee Herbert

Corporate and incorporation Attorney at North Canton, OH

5.0   4 reviews

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About David

Learn David’s areas of practice.

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

Reviews

5.0 / 5.0
  4 customer reviews
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Posted by Dan | March 25, 2016
This review is from a person who hired this attorney.
| Hired Attorney
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
This review is from a person who hired this attorney.
| Hired Attorney
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
This review is from a person who hired this attorney.
| Hired Attorney
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
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
capable, knowlegable
Reviewed our case with objective scrutiny.

Cost

We have not found any cost information for this lawyer

Contact for Details

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
View all associations

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
View all awards

Publications

  • 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
  • FITNESS TRAINER
  • Must Personal Trainers Be Regulated or Licensed?
  • 2014
  • 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
View all publications

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
View all speaking engagements

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North Canton Corporate and incorporation Lawyer David Lee Herbert
David Lee Herbert
Corporate and incorporation Attorney
North Canton, OH
Licensed for 48 years