Publications: Suzanne Burke Spencer
Suzanne Burke Spencer is the managing shareholder of Sall Spencer Callas & Krueger. She practices in the areas of professional malpractice and attorney ethics as well as complex business and real estate litigation, including legal malpractice, partnership and business disputes, real estate and foreclosure, derivative actions, unfair business practices, contract disputes, and attorney fee and lien disputes. [more about Ms. Spencer]
Do I have to? Determining if withdrawal is mandatory
The lines between ethically mandated and permissive withdrawal from a client’s representation are often unclear, making it difficult for attorneys to determine their ethical obligations and how to satisfy them. This article will explore where the lines are drawn, how they are applied, and what an attorney’s duties are when withdrawing from representation… [Download PDF]
The Price of Withdrawal: Contingency fee attorney may forfeit certain fees
The decision to withdrawal from representing a client is never an easy one, but for contingency fee attorneys, the decision can mean forfeiting fees. This is true even if the attorney believes the grounds for withdrawal are mandatory under the Rules of Professional Conduct… [Download PDF]
Who is entitled to fee-based sanctions awards in contingent fee cases – lawyer or client?
It is not uncommon in the course of civil litigation, particularly in discovery disputes, for one party to be ordered to pay another party monetary sanctions that are calculated based on the attorney’s fees and costs incurred in connection with a motion or proceeding…. [Download PDF]
Ethical Enforcement of Attorney’s Liens – Avoiding Traps for the Unwary
Noting the mischief and leverage over a client’s funds that even a false notice of attorney’s lien gives an attorney, the Court of Appeal in Carroll v. Interstate Brands Corp., 99 Cal. App. 4th 1168, 1178 (2002) called on the legislature to adopt statutory procedures for the expeditious resolution of attorney’s liens. Ten years later, no such statutory procedures have been provided. Much of the “mischief” feared by the Carroll court, however, can be avoided if an attorney abides…. [Download PDF]