Mr. Sall’s Publications
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Revisiting the Enforcement of Arbitration Clauses
A recent 2011 decision addressed the law applicable to enforcement of arbitration clauses in retainer agreements and concluded in somewhat unique circumstances that a lawyer did not have a fiduciary duty to separately explain the clause to the clients where the language of the agreement was understandable and the clients simply failed to read it.
The Crossroads of Confidentiality and the Litigation Privilege
Will the litigation privilege protect a lawyer who discloses information to a state agency about the prospective unlawful conduct of a former client? A recent Second District Court of Appeal decision, Fremont Reorganizing Corporation v. Faigin,1 establishes important precedent regarding the application of anti-SLAPP protections in actions between a lawyer and a former client, as well as clarifies the scope of the litigation privilege and whether it applies in the client’s claim for breach of the duty of confidentiality.
Robert K. Sall
Mr. Sall is of counsel to Sall Spencer Callas & Krueger. Since the early 1980s, Mr. Sall’s practice emphasis has been in cases involving lawyer conduct, including the prosecution and defense of legal malpractice actions. He is regarded as an expert in legal ethics, attorney’s fees and legal malpractice, and has been retained numerous times as a consultant and expert witness in matters involving lawyer conduct and attorneys’ fees.
Mr. Sall is a Certified Specialist in Legal Malpractice Law by the State Bar of California’s Board of Legal Specialization. He is a graduate of UCLA (1975) magna cum laude, and Hastings College of the Law (1978). He is a current member of the Orange County Bar Association Professionalism and Ethics Committee, and a member and past chair of the Los Angeles County Bar Association Professional Responsibility and Ethics Committee.
Mr. Sall served on the State Bar’s Committee on Professional Responsibility and Conduct (2003-2006). He has also been a Probation Monitor and a Special Deputy Trial Counsel for the State Bar of California, served as a member and chair of the State Bar’s Committee on Mandatory Fee Arbitration (1995-2000), served as Co-Chair of the Orange County Bar Association’s Mandatory Fee Arbitration (MFA) Program, and has served on the Client Relations and Judiciary Committees of the Orange County Bar Association. Mr. Sall has taught law courses in Professional Responsibility and Legal Malpractice and frequently lectures at MCLE events in matters related to legal ethics and attorneys’ fees.