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David Lee Herbert
About David
Biography
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.
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in Ohio for 51 years
State: Ohio
Acquired: 1974
No misconduct found
Location
Soles Law
6545 Market Ave N, North Canton, OH, 44721
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David Lee Herbert's Reviews
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Practice Areas
What Clients Mention
Showing 1 - 1 of 1 review | Practice Area Knowledge
Posted by anonymous | April 29, 2016 | Hired Attorney | Business
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...
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Experience
Honors
2016
AV Preeminent, Martindale-Hubbell
2016
Premier Attorney, American Academy of Trial Attorneys
1974
Silver Key Award, American Bar Association
N/A
Athletic and Academic Scholarships, Athletic Scholarships at KSU, Academic Scholarships during Law School
Work Experience
2008 - Present
Attorney, David L. Herbert & Associates
1990 - 2008
Attorney, Herbert and Benson
1982 - 1988
Commission Member/Secretary, Stark County Public Defender Commission
1980 - 1990
Attorney, Herbert, Treadon and Benson
1980 - 1988
Associate Professor, Kent State University
1976 - 1978
Assistant Chair/Secretary, Ohio Governor's Organized Crime Law Enforcement Consulting Committee
1975 - 1980
Attorney, Herbert and Treadon
1974 - 1980
Assistant Prosecuting Attorney, Stark County Prosecuting Attorney
Associations
1980 - Present
Defense Research Institute
1974 - Present
Ohio State Bar Association
1974 - Present
Stark County Bar Association
1972 - Present
American Bar Association
1996 - 2000
Canton Area YMCA Medical Advisory Committee
1984 - 1987
Stark County Bar Association Executive Committee
1982 - 1984
Stark County Bar Association, Grievance Committee
Sample of 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.
Education
1974
University of Akron School of Law
JD - Juris Doctor
1971
Kent State University
BBA - Bachelor of Business Administration
Speaking Engagements
2016
Sports Health Symposium
Legal Aspects of Return to Play Decisions
2015
Athletic Business Conference New Orleans
Scope of Practice and Risk Management Concerns for Fitness Professionals
2014
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
2013
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
2012
Athletic Business Conference
Fitness Facility Industry Standards Legal & Risk Management Concerns
2011
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!
2008
National Intramural Recreational Sports Association (NIRSA) Annual Conference & Recreational Sports Exposition
Fitness Personnel: Standards of Care & Legal Issues;
2005
Akron General Medical Center
: LEGAL ASPECTS IN THE CARE OF ATHLETES
2002
Natinal Athletic Trainer's Association
LEGAL ASPECTS OF THE PREPARTICIPATION PHYSICAL EXAMINATION OF ATHLETES
2000
St. Elizabeth's Hospital Physicians Conference
SPORTS MEDICINE LIABILITY CONCERNS
1998
- American Association of Cardiovascular and Pulmonary Rehabilitation Annual Meeting Program
ETHICAL AND LEGAL DILEMMAS OF LIVING WILLS IN CARDIOPULMONARY REHABILITATION PROGRAMS
1997
Crystal Clinic
LEGAL & ETHICAL ISSUES IN SPORTS MEDICINE
1996
Ohio Kinesiotherapy Association, Annual Conference Meeting
LEGAL RECOGNITION AND CONCERNS RELATED TO KINESIOTHERAPY
1995
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
1994
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
1993
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
1992
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
1991
Jewish Community Centers Association, Health, Physical Education and Recreation Institute North America
LEGAL ASPECTS OF FITNESS AND WELLNESS PROGRAMS
1990
Ohio Athletic Trainer's Association
LEGAL ISSUES FOR ATHLETIC TRAINERS
1990
American Heart Association Annual Meeting
LANDMARK NEGLIGENCE CASES IN CARDIAC REHABILITATION
1989
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
1988
Cleveland Clinic Cardiac Rehab Conference
CARDIAC REHABILITATION OF THE MEDICALLY COMPLEX PATIENT, LEGAL ASPECTS
N/A
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
Publications
2015
2015
2015
RECREATION MANAGEMENT
Certifiably Safer in the Fitness Industry
2014
NBFE.org
D.C. To Regulate Personal Trainers
2014
FITNESS TRAINER
Must Personal Trainers Be Regulated or Licensed?
2014
2014
ClubIndustry.com
Credentialing For Fitness Professionals and New Liability Concerns
2014
Fitness Trainer
No American National Standard for Health & Fitness Industry, Substantial Irregularities Found in the Adoption Process
2014
THE EXERCISE, SPORTS AND SPORTS MEDICINE STANDARDS & MALPRACTICE REPORTER
Tough Mudder Sued in West Virginia Wrongful Death Case
2014
American Fitness
ANSI Directs Withdrawal of American National Standard for Health/Fitness Facilities
2013
American Fitness
Accreditation of Fitness Professional Certification Organizations
2013
ACSM’s Resource Manual for Guidelines for Exercise Testing and Prescription – Seventh Edition
Legal Considerations for Exercise Programming
2013
THE PERSONAL TRAINER, A TALE OF PAIN, GAIN, GREED & LUST
THE PERSONAL TRAINER, A TALE OF PAIN, GAIN, GREED & LUST
2010
THE SPORTS, PARKS & RECREATION LAW REPORTER
Base Runner’s Collision with Softball Catcher Results in Suit
2009
EXERCISE TESTING FOR PRIMARY CARE AND SPORTS MEDICINE PHYSICIANS
Legal Aspects of Graded Exercise Testing
2008
RISK MANAGEMENT FOR HEALTH/FITNESS PROFESSIONALS LEGAL ISSUES AND STRATEGIES
RISK MANAGEMENT FOR HEALTH/FITNESS PROFESSIONALS LEGAL ISSUES AND STRATEGIES
2008
FITNESS MANAGEMENT
Certification for Personal Trainers
2007
CURRENT SPORTS MEDICINE REPORTS
Medical –Legal Issues of Mild Traumatic Brain Injury
2007
PREVENTIVE CARDIOLOGY
Cardiovascular Emergency Preparedness in Recreation Facilities at Major US Universities: College Fitness Center Emergency Readiness
2006
LIFE FITNESS
Legal and Risk Management Concerns for Personal Fitness Trainers
2006
RECREATION MANAGEMENT
Standards and Guidelines for Fitness Facilities: Sword or Shield?
2003
ACE CERTIFIED NEWS
Question & Answer Column, AEDs
2002
LEGAL ASPECTS OF PREVENTIVE, REHABILITATIVE AND RECREATIONAL EXERCISE PROGRAMS (Fourth Edition)
LEGAL ASPECTS OF PREVENTIVE, REHABILITATIVE AND RECREATIONAL EXERCISE PROGRAMS (Fourth Edition)
1999
FITNESS MANAGEMENT
Emergency Response Plans Must Be in Writing
1999
BEST'S REVIEW
Risks Abound for Amusements
1998
OHIO NORTHERN UNIVERSITY LAW REVIEW
The Use of Minors in Law Enforcement Undercover Operations
1998
PARTNERSHIP IN PROTECTION
Time Spent with Patients Does Make a Difference!
1998
WALL STREET JOURNAL
Ways to Make Sure Your Personal Trainer Will Be on Your Side
1998
CLINICAL CARDIAC REHABILITATION, A CARDIOLOGIST’S GUIDE, SECOND EDITION
Medical-Legal Liability
1997
SPORTS MEDICINE IN PRIMARY CARE
Football Player’s Medical Negligence Case Will Proceed Against University
1997
AFAA PRIMER TEXTBOOK FOR THE FITNESS PRACTITIONER
Legal Concerns for AFAA Fitness Practitioners
1997
TEXTBOOK OF SPORTS MEDICINE
Sports Medicine & The Law
1997
SPORTS MEDICINE PRINCIPLES OF PRIMARY CARE
Legal Issues in Sports Medicine
1996
THE PHYSICIAN AND SPORTSMEDICINE
Practice Guidelines - Response
1995
LEGAL ASPECTS OF SPORTS MEDICINE, SECOND EDITION,
LEGAL ASPECTS OF SPORTS MEDICINE, SECOND EDITION,
1995
LODGING
Is There Risk Involved? (In Hotel Room Use of Exercise Equipment)
1995
THE LAWYER CARE PERSPECTIVE
Continuation of Legal Service Extends Statute of Limitation
1995
THE LAWYER CARE PERSPECTIVE
Return Client Telephone Calls and Help Avoid Malpractice Claims
1995
SPORTS MEDICINE IN PRIMARY CARE
Physician-Patient Confidences
1995
THE BUSINESS OF PERSONAL TRAINING
Legal and Professional Responsibilities of Personal Training
1995
IDEA: The Journal of Law and Technology
How Can we Judge Quality?
1994
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
1993
SPORTS MEDICINE DIGEST
Medical-Legal Update - The Exercise of Independent Judgment: The Team Physician's Responsibilities
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
AMERICAN JOURNAL OF HEALTH PROMOTION
Nutritional counselor prohibited from practicing without a license
1992
THE STAIRMASTER FITNESS HANDBOOK
Legal Considerations In Graded Exercise Testing And Exercise Prescription
1988
American Journal of Trial Advocacy
A Trial Lawyer's Guide to the Legal Implications of Recreational, Preventive and Rehabilitative Exercise Program Standards of Care
1985
OPTIMAL HEALTH
A Window of Legal Vulnerability?
1984
CORPORATIONS OF CORRUPTION: A SYSTEMATIC STUDY OF ORGANIZED CRIME
CORPORATIONS OF CORRUPTION: A SYSTEMATIC STUDY OF ORGANIZED CRIME
1980
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
1977
The Police Times 9
A Proposal Which Would Effectively Terminate Investigations of Organized Crime
1977
CASE AND COMMENT
A Dress Code for the Criminal Defense Attorney
1976
THE JUVENILE JUSTICE JOURNAL
The Family Educational Rights and Privacy Act of 1974: Revisited
N/A
Law reviews, industry publications, newsletters
Author of over 47 books, numerous book chapters and over 1000 articles
Languages
English