section_id,filing_id,heading,summary
36,6,Grievance Form (General Information),"Standard State Bar grievance form identifying complainant Lance Christopher Kassab of The Kassab Law Firm, 1420 Alabama, Houston, Texas 77004. Respondent is Michael Pohl, 2254 Stratton Forest Heights, Colorado Springs, CO 80906. Filed pursuant to Rule 8.03(a) on behalf of approximately 10,000 victims surrounding the Gulf Coast. Activity complained of occurred in Harris County, Texas and throughout the Gulf Coast including Texas, Louisiana, Mississippi, Alabama, and Florida."
37,6,Statement of the Grievance (Summary),"Concise summary alleging Pohl conspired with Cyndi Rusnak and Jimmy Williamson (deceased) to violate Texas Penal Code § 38.12, Rule 7.03, and various other disciplinary rules by paying runners to illegally solicit approximately 10,000 prospective clients along the Gulf Coast for the BP Deepwater Horizon litigation, and splitting fees in violation of Rule 1.04 without proper client consents. Kassab notes an 'unwritten rule' at the State Bar to dismiss grievances when civil cases are pending, based on his 20+ years of legal malpractice practice."
38,6,Exhibit 'A' — Facts: BP Deepwater Horizon Barratry Scheme,"After the April 20, 2010 oil spill, Pohl orchestrated a conspiracy with Williamson and Rusnak. Williamson and Rusnak practiced under 'Williamson & Rusnak.' Fee split: 40% Pohl, 60% Williamson/Rusnak. Beginning April 2012, Pohl arranged meeting with Walker; Williamson confirmed the venture. Seymour (Hancock County public official) recruited via Walker. Pohl and Williamson provided advertisements promoting their services. In early May 2012, Walker introduced Dane Maxwell of CMV Investigations, hired to cold-call clients at $1,000 per client plus expenses — paid up to $2.47 million. May 25, 2012 written agreement: Pohl to pay runners 30% of his 40% interest (12% Walker, 12% Seymour, 6% Robinson). July 15, 2012: new agreement after Robinson departed — 22.5% to Ladner/Walker/Seymour (7.5% each). The Lawyers paid roughly $5 million in 'barratry pass-through money.' Walker candidly admitted it was barratry. Barratry pyramid: CMV $1,000/client → mid-level runners $100-$250 → low-level runners $20-$30."
39,6,Exhibit 'A' — Facts: Specific Runner Operations,"Jacqueline Taylor: low-level runner recruited through CMV by Karen Boykin; trained to target business owners then farmers; paid $20-$30/client via Wal-Mart cash cards; solicited 100+ clients. Monica Chaney was Taylor's CMV contact. Magdalena Santana: recruited by Seymour July 2012; hired by Williamson/Pohl; instructed to make cold calls, target high-paying settlement zones, beachfront properties, hotels, churches ('easy as they didn't have to provide tax returns'); solicited 77 claims first week; approximately 1,500 total. Paid $250/claim through Precision. Pohl told her 'it was illegal for him to pay her directly.' Santana and Taylor were provided blank Williamson-Pohl-Rusnak contracts and advertisements. Eventually approximately 9,800 potential or actual BP clients illegally solicited."
40,6,Exhibit 'A' — Facts: Federal Litigation,"October 18, 2014: Walker, Ladner, Seymour, and Precision filed suit against Pohl and Williamson in Mississippi federal court alleging breach of the barratry joint venture. Lawyers argued they were not partners/joint venturers and agreements were illegal/unenforceable. Federal court rejected this, finding prima facie evidence of partnership/joint venture and concluding agreements violated Texas law (which did not apply to the runners). Rusnak added as a party. Walker/Seymour/Ladner assigned rights to Precision; Precision purchased by Favre. Lawyers settled hoping to 'forever conceal their barratry conspiracy.'"
41,6,Exhibit 'A' — Facts: Rollover Accident Scheme,"Pohl used same runners for rollover accidents. Created 'Helping Hands Group' and 'GM Settlement Verification Team' as fronts. Pohl directed runners to accidents immediately, typically paying 2.5% of attorney's fees per case. Example: September 29, 2012, Pohl sent Walker article about death in rollover two days earlier — Walker immediately dispatched runners. Helping Hands operated by Donalda Pohl: victims signed contracts allowing attorney selection (always Pohl) in exchange for non-recourse loans at 18% interest. Contracts allowed Helping Hands to charge up to 40% of recovery."
42,6,Exhibit 'A' — Facts: Cheatham Case,"Mark Cheatham lost ex-wife LaDonna and two daughters in February 15, 2014 rollover. Runner Kenneth Talley arrived February 18, 2014 (3 days after accident), stopped at Rouses for flowers, brought a notary. Cheatham signed Helping Hands agreement, limited POA, and sold wrecked vehicle for $2,000 (funded by Helping Hands at 18% interest). Pohl signed attorney-client contract February 21, 2014 (6 days after accident). Retention Agreement with Precision: $1,500/hour, not to exceed 30% of Pohl's 40% fee, split Ladner 15%/Walker 15%. Talley's compensation: $10,000 per million recovered."
43,6,Exhibit 'A' — Facts: Fee Reverse-Engineering,"Diaz/Curran case: $875,000 settlement. Pohl disclosed amount so Walker could manufacture hours to match 22.5%: $306,250 × 22.5% = $68,906.25 ÷ $1,500/hour = 45.93 hours, rounded to 46. Sanchez case: $680,000 settlement. Same reverse-engineering. Operating Agreement simply stated 22.5% of LOMAP's interest — no hourly rate mentioned. Proves fee was percentage-based, not hourly."
44,6,Exhibit 'A' — Facts: GM Settlement Verification Team,"Richard Shenkan of the Shenkan Law Firm caught Ladner posing as a GM Settlement Verification Team member at a client's home in Mississippi. Ladner claimed to earn $25,000 per catastrophic injury case referred to Pohl."
45,6,Exhibit 'A' — History of Barratry Law in Texas,"Barratry has been a crime in Texas since 1876 (Reynolds v. State). In 1989, § 82.065 allowed voiding of barratrous contracts. In 2011, S.B. 1716 created civil liability under § 82.0651 with $10,000 penalty, actual damages, and attorney's fees — to be 'liberally construed.' In 2013, H.B. 1711 amended to close loophole where attorneys released clients after signing, and aligned statute with Penal Code § 38.12 and Rule 7.03."
46,6,Exhibit 'A' — Violations Section,"Catalogs specific rule violations: Rules 1.04(f)(1)&(2)&(g) (improper fee division without client consent), 1.15(a)(1) (failure to withdraw), 5.04(a)&(d)(1) (fee sharing with non-lawyers), 7.03(b)&(d) (paying for solicitation), 7.05(a)&(c), 7.06(a)&(b) (accepting improperly obtained employment), 8.04(a)(1)(2)(3)(9)&(12)&(b) (barratry as serious crime). Penal Code violations: § 38.12(a)(4), § 38.12(b)(1)(2)&(3), § 32.43(b) (commercial bribery)."
47,6,"July 3, 2018 Supplemental Letter","Supplements grievance with: Santana's 350+ page deposition confirming original affidavit; transcribed Kassab-Santana conversation (Ex. A); Pohl's own affidavit admitting Walker/Ladner/Seymour were his 'representatives' (Ex. B); computer forensics expert Andrew Paul Mozingo affidavit with Walker's text messages (Ex. C); spreadsheet showing runner payments always matched contract percentages (Ex. D); documents showing Pohl contacted accident victims within days of fatal crashes in violation of § 38.12(d)(2)(A) — Lacy Reese email (Ex. E) and Mark Cheatham declaration (Ex. F); Pohl deposition excerpts (Ex. G) showing he operated law offices in Mississippi and Tennessee without licenses (potential Rules 5.05/7.01 violations), approached Kassab's client during deposition offering to settle directly (potential Rule 4.02 violation). Paid Santana $50,000 cash to suppress testimony (criminal act, Rules 3.04/8.04 violations; Chapter 36 Texas Penal Code)."
48,6,"July 20, 2018 Supplemental Letter","Responds to Pohl's July 17, 2018 reply in grievance proceeding. Addresses $50,000 cash payment to Santana — not a 'non-disparagement' agreement; Santana crossed out language suggesting she had been confused ('in dire need of money and not thinking clearly') and crossed out 'in order to clear my conscience and set the record straight,' showing she was thinking clearly when making original allegations. Agreement language required Santana not to 'publish in writing or by electronic mail any charges of wrongdoing, criminal conduct, illegal conduct or unethical conduct' and not to 'relate such charges to anyone verbally' — functionally an agreement not to testify. Accuses Pohl's lawyers of personal attacks rather than addressing merits. Rebuts Pohl's claim that runners operated under Mississippi attorneys' guidance — cites Walker's own deposition contradicting this."