Spence Johnson

A business attorney specializing in high-stakes matters, Spence brings his business education and experience to bear as he helps clients navigate rough seas. He currently represents businesses and their owners and officers in six, seven, and eight figure matters arising in venues throughout the Southeastern U.S. Spence represents successful firms at all phases of their life cycles, from startup, to capital infusions, to dissolution, to litigating their disputes in courtrooms and arbitrations. He helps the same companies manage relationships with their executives and employees, including hiring, firing, and defending employee claims.  

A recent practice focus has been construction litigation. Spence represents stakeholders at all levels of the construction process, from property owners down to material suppliers in complex disputes. He has litigated and resolved seven-figure delay damage claims on commercial projects with nine-figure construction budgets. He also has experience with contract drafting and negotiation on behalf of general and subcontractors.  

Spence has resolved problem commercial loans totaling tens of millions of dollars for clients ranging from developers to medical practices, finding non-bankruptcy solutions in nearly every case, both before and after litigation is filed. His results include defense and disposition of a defaulted loan of nearly $20 million. He successfully defended lender claims of alleged fraudulent transfers totaling over $7 million. He represents both lenders and borrowers in large loan workout and collection matters. 

Clients seek Spence's expertise when forming their businesses. His experience resolving business problems allows him to help owners see around corners, to anticipate potential problems, and to address them in their agreements with each other and third-parties. He drafts LLC operating agreements, partnership agreements, and C corporation formation documents for business interests ranging from real franchise restaurant developers to medical equipment companies.

When business relations between partners go south, he has helped multiple clients find improved terms of separation with seven-figure net benefits. He counsels small businesses with revenues ranging from $500,000 to $50 million in a wide range of commercial disputes, including sticky contract negotiations, customer disputes, and employee claims.      

Spence represents clients in estate and trust disputes. He has defended trustees facing seven-figure fiduciary claims. He has helped one client undo a wrongful award of year's support of over $300,000, reversing an erroneous trial court order at the Georgia Court of Appeals. In another case, he protected a six-figure bequest in a will against a challenge to the will, all the way through the Georgia Supreme Court. Spence serves as the trustee of family trusts for high net worth individuals. 

It's hard to think like a businessman if you've never had to run a business. Spence's experience starting and running small businesses informs his representation of commercial clients. He helped capitalize, and sits on the board of, the Creature Comforts Brewing Company, a fast-growing microbrewery housed in an award-winning rehabilitated historic building in downtown Athens. As of 2017, Creature Comforts is rehabilitating a former textile manufacturing plant to serve as an in-town production facility. From 2007 through 2010, he was an investor in and sat on the Board of Managers of the Terrapin Beer Company, a regional micro brewery headquartered in Athens. During his tenure on that board, Terrapin opened a 48,000 square foot manufacturing facility in Athens, expanded its geographic footprint beyond the southeast, and increased sales at an industry-leading rate. He also owns and runs real estate ventures in the Athens area and manages a family timber farm in Terrell County, Georgia. 

Spence is proud to call the Five Points neighborhood in Athens, Georgia his home. An active member of the community, he attends the First United Methodist Church in Athens, where he serves as an usher. In August of 2017, he will begin a term on the Board of Trustees for Athens Academny. He has been an amateur newspaper columnist on a wide range of issues and publishes his own music blog in his spare time. He loves the outdoors, including self-punishment on his bicycle and more relaxing rounds of golf.