Joseph M. Herbert

Member | At Icard Merrill Since 2010

T (941) 366-8100

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Florida, 2010

Practice Concentration

Joseph Herbert concentrates his practice in the area of general litigation, handling a wide variety of disputes, with a specific emphasis on the representation of small to medium sized businesses concerning a comprehensive range of business and commercial matters.  Mr. Herbert’s litigation practice extends to labor and employment matters, real estate and landlord-tenant disputes, insurance coverage controversies, condominium and community association concerns, and a wide variety of contract matters.

As part of Mr. Herbert’s employment law practice, he draws from his experience in business management. This human resources and management background affords Mr. Herbert a unique appreciation of the challenges facing business clients in today’s employment environment, including disputes related to employment relationships, contracts, and negotiations.  He also counsels clients regarding False Claims Act cases, non-competition disputes, and discrimination and retaliation claims.

As an accompaniment to his litigation practice, Mr. Herbert provides effective counsel regarding a far-reaching scope of matters, including formation of businesses entities, international and domestic business contracts, business restructuring, and employment best practices as well as real estate transactional matters, including purchase and sale agreements, closings, and related concerns.

Mr. Herbert has also devoted a portion of his practice to giving back to the community by serving as Contract Review Liason for the Sarasota County Bar Association, as Co-Chair of the Sarasota County Bar Young Lawyers Division Diversity Committee, and as the Chair of the Sarasota County Bar Association Labor and Employment Law Section, as well as serving on the committee for the Florida Bar Labor and Employment Law Section. Mr. Herbert has been twice awarded with Legal Aid of Manasota's Silver Award for pro bono legal services.


  • Stetson University College of Law (J.D., 2010), Honors 
    Phi Delta Phi; Moot Court Competition
  • Stetson University College of Law (M.B.A., 2010), Honors
  • University of Florida, Warrington College of Business (B.S., Business Administration, 2004)

Court Admissions

  • Florida State Courts
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida


Military Background

  • U.S. Navy: Petty Officer (1998 to 2000); Midshipman (2000 to 2001)

Professional Distinctions

  • Silver Award, Legal Aid of Manasota (recognized for 50 to 99 hours of pro bono legal services) (2011, 2012)
  • Bronze Award, Legal Aid of Manasota (recognized for 20 to 49 hours of pro bono legal services) (2013)
  • Sarasota County Bar Association President's Award (for Commitment in Providing Exceptional Governance Oversight for the Board of Directors) (2011-2013)

Professional Affiliations

  • The Florida Bar: Member; Labor and Employment Law Section, Trial Lawyers Section
  • American Bar Association: Member
  • Sarasota County Bar Association: Member; Labor and Employment Law Section, Trial Lawyers Section
  • Sarasota County Bar Association Contract Review Liaison (2011-2014)
  • Sarasota County Bar Association Labor and Employment Law Section, Chair (2015)
  • Sarasota County Bar Association Young Lawyers Division, Diversity Committee Co-Chair (2014-2015)

Publications and Presentations



  • "Affordable Care Act - Impact on Employers and Small Businesses", July 2013 and September 2013
  • "Controlling Unemployment Compensation Costs", September 2016