filing_id,date,doc_type,party,description,doc_type_detail,procedural_posture,chain,outcome,phase,filename,relief_requested,full_text 37,2022-09-15,DECL,D. Kassab,David Kassab’s declaration,Declaration of David Eric Kassab in Support of Kassab Defendants' Summary Judgment Motions and Discovery Objections — sworn declaration under penalty of perjury providing factual basis for discovery burden objections and documenting the voluminous materials received from Pohl in the Barratry Litigation,"Evidentiary declaration filed September 15, 2022 in support of Kassab defendants' traditional and no-evidence motions for summary judgment. Provides factual basis for discovery burden objections by documenting the categories and volume of documents received from Pohl in the Barratry Litigation.",MSJ-2,N/A,Phase 3,2022-09-15_DECL_David-Kassab-Declaration_FILED.pdf,,"E 4 H I . Zo : J , S , S | CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT § § V. § OF HARRIS COUNTY, TEXAS ae SCOTT FAVRE, et al § 189th SUDIGIAL DISTRICT DECLARATION OF DAVID ERIC KASSAB - 1. My name is David Eric Kassab. My date of birth Oetober 20, 1982. My business address is 1214 Elgin Street, Houses) Texas 77004. I declare under penalty of perjury that the statements of fact made herein are within my personal knowledge and true and correct. 2. Jaman attorney licensed to practice Law the State of Texas. I have been licensed to practice law by the State of Texas since 2010 and I am in good standing. & SS 3. Iam an attorney at Lance Chriesfphier Kassab, PC d/b/a The Kassab Law Firm (“the Firm”). In thie suit I represent the Firm and its owner, my uncle and law part , Lance Kassab. 4. J was an attorney for the plaintiff in the following litigation (and any related appeals): (1) Catige No. 2017-38294, Dezzie Brumfield, et al. v. Jimmy iiamson ea , in the 189 Judicial District Court of Harris County, Texas (“th umfield case”) (2) Cause No. 459,062-401, Alice Marie Gandy, et alyv. Jimmy Williamson, et al., In the Probate Court No. 2 of taco Texas (“the Gandy case”), (3) Cause No. 2017- 37567, Mae (Bey y, et al. v. Michael Pohl, et al., in the 113 Judicial District Cour (the “Berry case”). I am also currently counsel for plaintiffs in” Cause No. 2017-41110, Mark Cheatham, et al. v. Michael A. Po ee al., in the 55th Judicial District Court, Harris County Texas, and ignthe related appeal (“the Cheatham case’). I will refer to these & collectively as “the Barratry Litigation.” 5. The Berry case was filed on or about June 5, 2017, and ultimately included seven plaintiffs that were alleged to have been solicited by Precision Marketing Group (“Precision”) to hire Michael A. Pohl and his firm (“Pohl”) to pursue auto accident claims. The Cheatham case was filed on June 20, 2017, and ultimately included four plaintiffs who were alleged to have been solicited by Precision to hire Pohl to pursue 1 auto accident claims. The Brumfield case was filed on June 8, 2017, and by July 26, 2017, that suit had approximately 272 plaintiffs who were alleged to have been solicited by Precision to hire Pohl and his co-counsel Jimmy Williamson to pursue BP claims. The Gandy case was filed on October 16, 2017, and that suit included approximately 135 plaintiffs who were alleged to have been solicited by Precision to hire Pohl and Williamson to pursue BP claims. AS 6. In conjunction with representing these clients in the Brupipeld and Gandy cases, my office requested from Pohl and Willia son the clients’ original files. In response to that request, in -approximately February 2018, we received hundreds of client files. Those files contained contracts of employment and referral a ents between the Brumfield and Gandy plaintiffs and Pohl an illiamson related to the BP claims as well as communications ex¢hanged between the clients and Pohl or Williamson, among other gs. Because Pohl had previously represented those clients, each e client files that Pohl or his co-counsel produced to Kassab nec rily contained documents bearing Pohl’s name, letterhead, or ogo, or “Pohl Information,” including client contracts and intake forms 7. Inthe Gandy case, Pohl filed an © vi wherein he included copies of his contracts with the BP cNéts as well as an excel spreadsheet entitled “Pohl Master List 6¢7Ns3.xlsx”. A true and correct copy of that affidavit is attached hereto@s’ Exhibit A. 8. We also requested fron Pohl the client files for the plaintiffs in the Berry and Cheatha A cases. Pohl and his co-counsel in two of the underlying auto {ecldent cases, Robert Ammons, responded and provided my offiee, with the client or prospective client files (if the individuals h ver hired Pohl). Attached hereto as Exhibit A are true and co copies of correspondence from Pohl’s counsel in the Cheathamsan Berry cases, Billy Shepherd, providing my office with that information. Because Pohl had previously represented those clien seach of the client files necessarily contained documents bear} Pohl’s name, letterhead, or logo, or “Pohl Information,” he client contracts or intake forms. 9. In the Berry and Cheatham cases, Pohl produced to my firm in response to discovery several categories of documents. I personally reviewed that production, which included, among other things: a. Attorney-client contracts between Pohl and the auto accident clients, bearing Pohl’s letterhead. 2 b. Service agreements, operating agreements, “public relations consulting agreements,” “Public Relations Amendment” or other contracts or agreements between Pohl and Scott Walker, Kirk Ladner and Steve Seymour, or their respective companies, including Precision, related to the BP claims or auto accident clients. Ne c. Email communications between Pohl and others, including = Scott Walker, related to “signing up” or “helping” auto accident victims. ww XS d. Email communications between Pohl and others,siheluding Walker and Ladner, related to payments to their companies, including Precision, for BP cl s or auto accident cases. ® GP e. Pohl’s banking records reflecting payments made to Precision. eS f. Invoices from CMV Investigations.addressed to Pohl. cats) g. Text message cra a) etween Pohl and Dane Maxwell and Florian (Ja ntana, many of which relate to auto accident clients,"" 10. Separately, during the Barratry Litigation, Pohl produced to my firm approximately 6,937, es of information from the Mississippi Litigation.! A ce oe copy of the production transmittal letter is attached eto as Exhibit C. I personally reviewed that production wnicaatyeiuded among other things: a. Copies excel spreadsheets titled “Claimant logs” or “Williamson-Pohl Master List” that identify hundreds of BP -élients (sometimes by name, address, telephone eee and email) and their estimated claim amount. be Service agreements, operating agreements, “public S relations consulting agreements,” “Public Relations Amendment” or other contracts or agreements between Pohl and Scott Walker, Kirk Ladner and Steve Seymour, or their respective companies, including Precision, related to the BP claims or auto accident cases. 1 This term refers to the Mississippi lawsuit filed against Pohl, Case No. 1:14cv381-KS-JCG. 3 c. Invoices from Precision addressed to Pohl related to the BP claims or auto accident cases. d. Emails communications between Pohl and Walker, Ladner or Seymour related to the BP claims or auto accident cases. e. Attorney-client contracts between Pohl and BP claimants\\_ or auto accident claimants. EN WG f. Marketing information related to Pohl, such ag, thn brochures and advertisements, directed towards BP claimants or auto accident victims. & °@ g. Communications and financial informatién) reflecting payments Pohl made to Walker, Ladner_6g Seymour or their respective entities, including Precigion. h. Financial information and exper > ons reflecting attorney’s fees paid to Pohl and iamson from the BP litigation. & Oo ~ . i. Financial information and Rank records from Precision reflecting payments Precis n made to its workers in relation to the BP claims auto accident cases. j. Emails and communieations between Pohl and his clients or Pohl and thirds Lies concerning or relating to the BP claims or auto ent cases. k. “Operating Agreements” or “Distribution Agreements” between Py¥egision and Magdalena Santana, Florian (Jay) Santan en Talley related to their work for Precision. t3 SS ° ” . . . . l. BP.Settlement Claimant Forms” identifying BP clients ith potential claims and their contact information, and racts between BP claimants and the “BP Claim ssistance Group.” m. Contracts or agreements relating to “Helping Hands Group, LLC” or “GM Settlement Verification Team” or “Helping Hands Financing, LLC” with identifying client information. n. Attorney-client contracts for the Liberis Law Firm. 4 11. Inthis lawsuit, Pohl has served Lance Kassab and the Firm (“Kassab”) with written discovery. The requests for production ask Kassab to produce “Pohl Information” he has received, regardless of source, between time periods beginning April 2012 to January 2021. Interrogatories Nos. 1-3 ask Kassab to identify each contract or document bearing Pohl’s name, letterhead, or logo, or contain on Information” that “was or is” in Kassab’s possession and ide a description of the material, the date it was sequired the date possession was terminated, and the “identity of each per urrently having possession or control over each such document.? Interrogatory No. 9 asks Kassab to identify all “Pohl Information’ that Kassab “obtained exclusively from or through the public ds involved in the Mississippi Litigation.” The discovery defi the term “Pohl Information” to include “information that concerfi{s] and/or identif[ies] any past or current clients and/or prospective clients of Pohl” as well as “all documents and information that inated from Pohl and concern matters related to the British Petipleam Deepwater Horizon oil spill and to General Motors ignitionS/and rollovers.” 12. Given the information Kassab received related to Pohl in the Barratry Litigation, the discovery reaueets are over broad and unduly burdensome. As drafted, the ret ists require Kassab to re-produce to Pohl the thousands of docu s that Kassab received from Pohl in the Barratry Litigation, whether in response to discovery in that case or 1n response to Kassab’grequest for the client files. Additionally, the requests require Kas produce information that he received from his clients relating ‘oon Staff at my office have had to hundreds of pages of documentsfrom hundreds of client files in the Barratry Litigation and filter confidential or privileged information such as Kassab’s com {uhications with his clients or co-counsel in that litigation an@ gttorney work product. 13. Worse, tH@ Riscovery requires Kassab to identify in response to the inter ories every document bearing Pohl’s name or letterhead, desc the material, and to state the date it is was acquired. I estimate that it would take me, as counsel for Kassab, more than 405 hous of time to undertake that task. At a rate of $450 per hour, this would be a cost of $182,250 worth of time. 14. That estimate is based on my knowledge of the voluminous materials that were provided to Kassab in the Barratry Litigation as well as the following. There are more than 400 electronic or hardcopy client files for the Brumfield and Gandy plaintiffs, each containing information 5 related to Pohl. If I spent 15 minutes reviewing each file and identifying and transcribing responsive materials, I could complete four files an hour. It would therefore take me more than 100 hours to complete that task. In addition to the client files, Kassab received thousands of pages of document production. For instance, in the Cheatham case, more than 61,000 pages of documents were produced in addition to the 6,000 plus pages of documents produced recast to the Mississippi Litigation. That does not include the production rom the Berry case, which was also voluminous. Even if I wenable to review and transcribe responsive information at a rate of 0 pages an hour, it would take me approximately 305 hours to.¢omplete that task. & °@ 15. Nonetheless, Kassab has responded to Pohl’s whitten discovery and has produced to Pohl twelve sets of productionGeginning in October 2021 and continuing into September 2022, containing more than 366,000 pages of responsive documents. A that production is the actual documents and information conce g Precision’s clients that the Runners solicited to hire Pohl thatKassab received from Favre. Executed in Harris County, State of Texas,on the 15th day of September, 2022. e «David Eric Kassab & iS fF IN Ss & 6 EXHIBITA = S) XS, .°) ® GP © & cS w © O & S& ¢ No. 459,062-401 IN RE: THE ESTATE OF § IN PROBATE COURT NO. 2 JIMMY GLENN WILLIAMSON § (A/K/A JIMMY GLEN § WILLIAMSON), § § DECEASED § oo NS § OF HARRIS CO ,» TEXAS ALICE MARIE GANDY, ET AL. § & v. § gS ESTATE OF JIMMY GLEN § NS WILLIAMSON, DECEASED, § 2) ET AL. § & § @ es ee. : AFFIDAVIT OF MICHA EL POHL x BEFORE ME, the undersigne @Rhority, on this day personally appeared Michael A. Pohl, who upon being ae orn, deposes and says: 1. My name is Michael Poh?) I am over eighteen years old, and I am fully competent and able- make this affidavit. I make this affidavit in connection with thé above-referenced case styled Alice Marie Gandy, et al. v.. Estate of He) len Williamson, Deceased, et al., No. 459,062-401 in Probate Court Nor? of Harris County, Texas (hereinafter, the “Lawsuit”), in which I and Offices of Michael Pohl, PLLC are two of the named Defendants m able to swear, as I do hereby swear, that all facts and statemen{s contained in this affidavit are true and correct and within my personal knowledge. ; <0 2. I Qlawyer. I have done business as the Law Office of Michael A. Pohl. I a e sole and managing member of the Law Office of Michael A. Pohl, | C, which is a defendant in this lawsuit. 3S Beginning in mid-2012, I began representing persons and businesses with claims arising from the British Petroleum Deepwater Horizon oil spill (“BP oil spill claims”). I referred some of my clients and prospective clients with i EXHIBIT 2 BP oil spill claims, including certain plaintiffs in this lawsuit, to Jimmy Wilbamson and/or Jimmy Williamson, P.C. 4. True and correct copies of ten (10) pages of business records from my law practice and concerning certain of the plaintiffs in this lawsuit are attached to this affidavit as Exhibit A. Those 10 pages of records are referred to as the “Pohl/BP Claim Records.” I am the custodian of records for the Pohl/BP Claim Records. The Pohl/BP Claim Records are memor. , reports, records, or data compilations of acts, events, or conditions ma or near the | time by, or from information transmitted by, a person with Inowledge The Pohl/BP Claim Records are kept in the course of a reg rly conducted business activity, my practice of law. It was the regdlst practice of that | business activity to make the PohI/BP Claim Records: Re) 5. As reflected in the PohY/BP Claim Records, the « date that each of the following plaintiffs in this lawsuit signed an attorney-client fee agreement with one or more of the Defendants in the Tgonuit to represent him/her in connection with BP oil spill claims is n ter than the date contained parenthetically next to each such Pain name below: Plaintiff No. 23: Carlean skinner (February 14, 2013); . Plaintiff No. 26: Charlee oney (February 5, 2013); Plaintiff No. 30: ar Keys (February 7, 2013); Plaintiff No. 69: _ Jeffery Shanks (September 19, 2012); Plaintiff No. 98: Odessa Williams (February 26, 2013): Plaintiff 00: Pamela Shanks (September 19, 2012); and Plaintiff No. 130: Willie Keys (February 7, 2013). 6. The numbers ofthe plaintiffs identified in the immediately preceding two paragraphs affidavit correspond to the numbers that identify them in their mended petition in this lawsuit. IN O & & * On the 10 pages of business records attached as Exhibit A, information concerning BP oil spill clients and prospective clients who are not plaintiffs in this lawsuit has been redacted. 2 ee FURTHER AFFIANT SAYETH NOT. Michael Pohl 3 . Nac SUBSCRIBED AND SWORN TOpbefort, me on this \ a°) of Dest MARY REX Notary P&blic ©) | NOTARY PUBLIC | —_ STARY 1D 10974013147 Ge Hy COMMISSION EIRES JANUARY 12, 2019 © a | | | ~ OW © & < Re oO & © Sy eee 3 Ww WV Q ee ne! <3 : [s) simi 53 sigs e oO Pi & 3 Al Ble x SUES Rie wi ele “+10 wo PS a : 8 2 pf ""| 8 al . mi 8 awa RY g —— ' SS] POHL/GANDY 001-000052 3 799 . WY 2 “eo me} a ai 5g et § 3 pai 212 3 FI sis nS : 6 | g = QB | = E38] 3 uw = a al & BI . Al i | a “ 4 E | = 2 o g z QO é gi ""og 2 = POHL/GANDY 001-000058 irs n n wo dow ao co : G 9 £3 R cae) > 3 = a . re 8 = = 2 vg E z : - 5 2 ‘s 2 3 a | ‘ E a = we 2 S s a ¥ & 5 POHL/GANDY 001-000105 (99/20/2012 89:52 6817356407 WAVNESRORO Lrprary LOL MACHR saris O-Yo-t d CONTRACT OF EMPLOYMENT Jimmy Williamson, P.C. NS Attorney at Law @ 4310 Yoakum Boulevard ) Houston, Texas 77006 Ww (713) 223-3330 oG www. jimmywilliamson.com eS Michael A, Pohl & Attorney at Law 1114 Lashbrook Driyg , Houston, Texas 77077 (713) 652-0180) This Agreement is made between one) Shao NS (hereinafter “Client’) and JIMMY WILLIAMSON, P.C., 4310 Yoakum Boulevard, Houston, Texas, 77008, 713-223-3330, and MICHAEL A. POHL, 1114 Lashbrook Drive, Houston, Texas i 77077, 713-652-0100 (hereinafter “Attomey"") to prosecute a-certain claim held by Cllent | against: } Or | | BP, PLC ORITS AFFILIATES OR ANY OTHER RESPONSIBLE PARTY ! { in connection with the. following ators: ‘Monies due or clab rect connection with the Deepwater Horizon disaster and oll spill occurrihig on April20, 2010 and the damages resulting therefrom, inclading any claims available under the MDL 2178 { onomie Claim Class Action Settlement. : Attorney Is fully shored ous and prosecute same. No settlement shall be made by ‘ the Attorney a> t the Client's approval. | Attomey fs hereby granted authority to prepare, sign and file all tegal instruments, pleadi rafts, authorizations, and. papers as reasonably necessary to prosecute and conclu is claim. Attorney's representation Is limited to the specific companies named, and specific matters herein. Other attorneys may be engaged at Attorney's option. Contract of Employment extends through the trial of this cause and the entry ofa final | court judgment. Attorney will not have any duty to undertake post-judgment collection . fforts or appeal unless and until there Is an agreement between Client and ‘the Attorney to undertake same. Jimmy Williamson, P.C. and Michael A. Pohl are not specialized in, nor do they. give, tax advice and they would recommend the retention of a Certified Public Accountant (C:P.A.) or qualified tax lawyer with regard to any questions as to the taxability of proceeds received pursuant to this agreement. Pago | of 4 \ POHL/GANDY 001-000145 83/26/2812 69:52 6817356407 WAYNESBORO LIBRARY PAGE 93/18 in payment, Client does hereby assign and convey to Attorney a present and undivided interest !n Client’s clalms set forth hereln, as a reasonable contingent fee for Attorney's services. The Attorney's fee will be calculated on the total recovery. All sums are payable at the office of Jimmy Willlamson, P.C., 4310 Yoakum Boulevard, Houston, Texas 77006. 25 % ofall payments made through fhe Class Action latins Process; - 33413 %_if collection or settlement Is made outside of ie Class Action Claims process, & COSTS ~S BS Client additionally agrees that Attomey is to be repald and reliqbutsed reasonable out-of- pocket costs and expenses Attorney incurs in the specific p ution of Client's claim out of Client’s recovery. If Attorney does not obtain for Gient any recovery, then the Client will not pay any fees or costs or expenses. ® | @ COMMON BENEFIT FEES AND EXPENSES The Court ‘in the Deepwater Horizon MDL 247e gto and consolidated Limitatlon proceedings may awatd Common Benefit_fees and expenses to Common Benefit attorneys. If there isa Common Benefit Fe ‘or Cost award by the Court, any such award to Attorney shal] not increase, or-reduce, Fees and Costs owed under the Agreement. There is no credit or offset for any Common Benefit fees or costs awarded. &© ‘or HER CLIENTS Attorney represents other clignts who also have claims as a result of the Deepwater Horizon oil spill. Having mdltiple cllents leads to. certain Issues regarding confidentiality. Common Information, sich a for example, information relevant to what:caused the spill, or the partlas respon@tly or the splll, or research applicable to an analysis of damages under the spill, will be sHared with’all cllents. However, client specific information will be Kept.confidential. fAttomey receives proprietary or secret information regarding a client {for example, finaricial Information regarding a particular client not publicly available), then the client has a igh? to insist that Attorney maintalns that confidence. Further, not all fees are, identical. Other cllents who hired Attorney at a prior date (or who sigh up after this date) may flave been charged a different percentage, which may be lower, or higher, than the fees'sé (forth hereIn. Also, when‘a specific client settles thelr clalm, then that specific client has fhe right to insist that the monetary settlement amount not be shared with other clle tof e Attorney. BY SIGNING THE CONTRACT OF EMPLOYMENT, THE CLIENT CONSENTS TO THIS PROVISION. | S GENERAL Attorney cannot warrant or guarantee the outcome of the case and Attorney has not : represented to the Client that the Cllent will recover all or any of the funds desired. Page 2 of 4 POHL/GANDY 001-000146 93/28/2812 83:52 6017356487 WAYNESBORO LIBRARY PAGE 84/18 This Agreement shall be construed under and In accordance with the laws of the State of Texas. To the extent this Contract is subject to the laws, rules and/or regulations for a particular jurisdiction, thls Contract will bo interpreted to comply with the laws, rules and/or regulations of that jurisdiction. This Agreement/Contract of Employment constitutes the sole and only agre t of the patties hereto and supersedes any prior understandings or written or o greement between the partles. This Agreement shall be binding upon and Inure t eneflt of the parties hereto and their respective heirs, executors, administrators, legal yepresentative, successors and assigns, In case any one or more of the Ho Ow toccatie in this Agreement shail for any reason be. held to be invalid, illegal, or.dinenforceable in any respect, such invalldity, Uegality, or unenforceabllity shall not Gat any other provision thereof and this Agreement shail be construed as If such invalidyilegal, or unenforceable provision had never been contained herein. & Client is hereby put on notice that the State Batof Texas Investigates and prosecutes professional misconduct committed b fdxas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of General Counsel will previde you with information about how to file a complaint. Please call 1-80-98 2.1800 toll-free for more Information, os 5 eS) | | EXECUTED on this LA _dayot____ Sep , 2012. ; Ae Snds eo ACCEPTED: CLIENT SIGNATURE w By: Lr EN For Jimmy Willlamson, P.C. | Client Printed Name @ ERE ETAT 6 WUE ee a) —_————— By Social Security NaJOr 1 ax ID # For Michaet A. Poht © Street Address CitysState & ZIp a Numbers pate of cir: Page 3 of 4 POHL/GANDY 001-000147 Q9/28/2012 89:52 6817356407 WIAYNESBORO LIBRARY PAGE 95/18 POWER OF ATTORNEY Cllent grants a Power of Attorney to Jimmy Williamson, P.C. and its attomeys fo act on Client's behalf in all matters arising out the Deepwater Horizon Incident and to file and pursue all claims of Client arising therefrom Including through any claims or settlement process, settlement, mediation, suit, trial and/or appeal; notwithstanding same, Glen alone determines whether to accept any settlement offer. @ S) CLIENT NAME: p amela Shanks & py: “(Pima Shautea> & Sig ature °@ TITLE: Kronis radios Le fomela Shedtin , Una ©) DATE: 4 | 19] 2.0}2 | @ @ oS < Ww @ IN e Page 4 of 4 POHL/GANDY 001-000148 89/28/2812 93:52 6017356487 WIAYNESBORO LIBRARY PAGE 06/18 _ BP SETTLEMENT/ CLAIMANT FORM ATTORNEYS, JIMMY WILLIAMSON & MICHAEL A, POHL paTe__DAILS) Joa Ss is So I Claim Area Zone: ee © eee . & x Ss Approx. Amt of Loss: __ Bg5,000 , eS .°) Shoays Wack ag We & Business Name @ Paula. Shes Yo © ; Client Printed Name 6) — Street Address WS > CGitv. State & Lip . Telephone numbers“ CEL XMQUS INUIMUSLS _ Email: - ee ~Yy ZF ©) “lient $ ignature Client Signature So Oli Use Only Below this line: Initials POHL/GANDY 001-000149 ne) SS A 4 j "" n aw oy Oo . os a “A wr w ra zo} GCG qt} Py, 2 * NS ot wo hry = a —!{! wa Y 3| 3 a S & q a bed Q & x nN S| wi af = Sd = 9 % b z E 2 45 4 uy : i O : a £ . fc = w ry) gy = V 3 g ~ z Re R*4 c ry Wed Aad SS POHL/GANDY 001-000144 ioe] oO wn Ww 2 - Cy ns) . | ne! : Oo Bs + a og B Bia x Es : pay Be ket i] gS: . = | g 4 a j a : a | E. © za 4 - Q : S fea} “esl BY 2) wv . : om : . c | S| GI 3 Buy POHL/GANDY 001-000399 oe EXHIBITB S&S Z GZ @ Ke) & & © »© S S S& < SHEPHERD PREWETT Puc Billy Shepherd June 28, 2017 Via Hand-Delivery/RRR NS WG David Eric Kassab © The Kassab Law Firm & 1420 Alabama Street S Houston, Texas 77004 5 eS S Re: Mark Kentrell Cheatham, Sr. and Luella Miller & @ Dear Mr. Kassab: & I write in response to your June 21, 2017 Jette addressed to Michael A. Pohl in care of me. I have enclosed Mr. Pohl’s ee relating to the referenced persons. Information on certain of the documente\y garding unrelated clients has been redacted. S & Veryul fs © -- es fd GES BT Spephext GWS/mm © Enclosures ©) oO IN So iS & % \ ns 1Sf 770 South Post Oak lane Suite 4220 Houston, Texos 77056 T 713.955.4440 F 1.713.766.6542 www.spcounsel.com SHEPHERD PREWETT pic Billy Shepherd June 26, 2017 NG cN or Via Facimile & Email Ww David Eric Kassab “GO The Kassab Law Firm XG . 1420 Alabama Street 2B) Houston, Texas 77004 ©) ® Re: Mae Berry, Individually and as Representative of the Estate of Johnny Berry Dear Mr. Kassab: ss I write in response to your June 21, 20)@Netter addressed to Michael A. Pohl in care of me. Mr. Pohl did not represent Ma ry, and has no client file concerning her. However, I have enclosed documents ia Mr, Pohl’s possession, custody, or control that reference Ms. Berry. LS 7 2O Up — 4 Pa a S& IN O & & P 770 South Post Oak Lane Suite 420 Houston, Texas 77056 T 713.955.4440 F 1.713.766.6542 www.spcounsel.com HELPING The Helping Hands Group, LLC 1 Hancock Plaza * 2510 14” Street Suite. 1200 * Gulfport, Mississippi * ae ‘ (228) 206-1996(p) * (228) 284-1677(f) Ke es | WO Www.thehelpinchandseroup.org (Website). © [hereby retain you to preserve my evidence, conduct a full scene investigation, exanaine the involved products. for possible defects, and identify and interview witnesses in connection with my motor vehicle accident. THERE WILL BE NO CHARGE IF THERE IS NO RECOVERS. In payment of the services to be rendered, I agree to pay you from any recovery I may receive on an hourly fee of $400 per hour, so long as the total fee does not exceed 32% of th ount rendered for me based on your efforts. In performance of your services, you may hire such indepen experts or attorneys as you deem. necessary, so long the total fee does not exceed the maximum ees ated above. If you have a case and suit is filed on your behalf, the total fee increases to 40%. H) The Helping Hands Group, LLC will advance funds payin and reasonable expenses of the claims which shall be repaid out of the Client’s share of tenes he Helping Hands Group’s fee shall be calculated _ before deduction of costs and expenses: w AGREED: Al § KOA Date: ¥ /2O}/¢ Print Name: Va ? Ne) a Ge ae Vv 7 i © L, Address: _’ 30 L Ae Li | (Chey liy el. Mo Bee © Phone: cele BG / = & Cay | Email: ee Date of Accident: &f A lef Vehicle: Le wd p Milenll ; HELPING HANDS FINANCING, LLC. FUNDING AGREEMENT This Funding Agreement is made on the date below stated between Claimant and Helping Hands Financing (“Funding Agent”) NS Claimant and/or Claimants family was involved in'an accident described as? oy Occurring on: s ind is asserting ale to recovery. Claimant urgently requires financial assistance and has. no.other lteevative mean to meet such needs. Funding Agent is taking a high degree of risk and ‘Claimant understands that Funding Agent expects to make a profit from this funding. & Funding Agent agrees that it will be repaid only if as nto ena recovery is funded. | IF THERE IS NO RECOVERY, CLAIMANT HAS NO oBLiaTioN TO REPAY THIS DEBT. | In consideration of the amount(s) set forth on hoon el together:with the application - fee for each funding of $50.00 (fifty and SN rs) | hereby agree to repay such amounts ae ». . frommy share of the proceeds of my case. if 2 Is no recovery, | owe nothing: | realize that if cee “>. «my recovery is small, the above funding(s). qual or excéed my portion of the recovery. This agreement must be approved aN ttorney prosecuting the case. Claimant's Attorney shall be bound to honor the terms on(thi agreement. Repayment shall be delivered to: Funding Agent at the address stated below unless. changed with notice to Claimant: BS { hereby grant Funding ram) lien on the proceeds of my case to the extend of all funding here : under, Before | incur a her or further liens on my case, | will, at the option of Funding Agent pay off the indebted, created hereunder. if Funding Avent (ao to initiate a collection action against me hereunder, 1 understand that I will be obligated tp Bey Funding Agent’s fees and expenses of collection, SS Funding oe gent ‘shall have no say whatsoever in any court:action which Claimant’s.attorney may intatn Been. ein to drop my case and my Attorney believes my case is meritorious and economically justifiable, then | must repay the indebtedness hereby created. if any provision of this agreement is'deemed unenforceable, it shall not affect the validity of any other parts on this. agreement. This agreement and the agreement with my Attorney constitute the entire agreement of the parties. Any controversy related hereto that cannot be resolved by mutual agreement shall be submitted to final and binding arbitration administrated by the American Arbitration Association in accordance with the Commercial Arbitration Rules and the ore ules for Emergency Measures of Protection. The Federal Arbitration Act shall be applicable) any such controversy and no state law shall apply: BW % ce) . Thave read this entire agreement. | have been:advised that'l should requ gabe tunding only as = dast resource and only if absolutely necessary. | have the right to have ts Agreement reviewed by an Attorney before | sign. 6 The Funding Schedule is made apart hereof forall purposes. & AGREED AND ager ° — ‘signature . KC Printed Name State of AG a — oe ral Sf s ° County of Veal Hiei LE A Date: B12 (Uy Address: ; | 1200 bere, Lert, coy = a SS f o mone fel B¢ f thé A / | aS eel Helping Hands Financing, LLC P.O. Box 1262 Montgomery, TX 77316 HELPING HANOS FINANCING, LLC. FUNDIKG SCHEDULE : Claimant/borrower:__X_ 7 VE) aad Z 5 ey Ty @ | ; {Name} SO . Case Identity: Hele fe theat Bnol{etA_Y LO SUT. SIG why p 7 The Funding Agreement signed by me fs adopted by reference hi < By my signature below | acknowledge the request for and receipt of the Case funding designated be low. Interest @ Amount: Date: Rate: os Signature: : - ae In the event of age my attorney shall be entitled to his fee and expenses. But my proceeds shall? Id by my attorney until my Funding Agent fs paid infull AGREED: | RO; AS) Claimant Signature (/ On 8/21/14, 3:43 PM, ""Michael Pohl"" wrote: >Thanks. & >Can family ask for photos of seat belt bruising. The bruising will appear about 24-g8,RoUrs after incident. > >Sent from my iPhone 5 & >> On Aug 21, 2014, at 1:27 PM, Scott Walker wrote: - S >> Edgar, ® >> oP >> Attached is the signed Helping Hands Group, LLC contract and the Helping Hands Financing, LLC funding agreement. S >> | >> Coach Ken will be getting the Pohl contract signed this afternoon. >> ; \ >> We are working to get the accident report now. Unofficially the Deputy Coroner has confirmed that Johnny Berry was wearing his seatbelt. Ww >> & >> | will mail the originals to the ranch. © >> >> Thanks. 9 & S , >> -Scott & >> <8.20.14 Berry Case (MS).pdf> O IN Oo & 1 From: Scott Walker Date: Thursday, August 28, 2014 at 3:51 PM NS | To: Edgar Jaimes NZ) Cc: Mike Pohl © Subject: Re: Berry & | S Edgar, 5 eS : S Attached is what I have in my file on the Berry Case (MS). a Thanks! . GP . -Scott. & On Thu, Aug 28, 2014 at 2:31 PM, Edgar Jaimes wrote: _ Scott, | We have to reject this case, but | have not seen a cosSSeor this family, can you send me the contract and _ the information of that case? Thank you. > = _ Edgar. ~\ <8.20.14 Berry Case (MS).pdf> © @ & | S& N © & & S SHEPHERD PREWETT puic Stephen R. Bailey sbailey@spcounsel.com April 13, 2018 Mr. David Kassab Via Hand-Delivery/RRR Kassab Law Firm cS 1214 Elgin Street NZ) Houston, Texas 77004 © XK, Re: Cause No. 2017-37567, Mae Berry, Individually and a Representative of the Estate of Johnny Berry, Deceased v. Michael A. Pont et al., in the 113th Judicial District Court of Harris County, Texas SS Dear Mr. Kassab: & Per your request of April 6, 2018, enclose please find two CDs with documents labeled S 1. POHL/BERRY(Butts)—003—00000 {through POHL/BERRY (Butts)—003— 000002; ow & 2. and POHL/BERRY(Speck)-(04-000001 through POHL/BERRY(Speck)— 004—000137. KR ©) It appears from the enclosed POHL/BERRY (Butts) documents that Mr. Pohl did not represent Raymond Bu ts. Information regarding other clients has been redacted. If you have any questions, please let me know. . Very truly-yours, oly Stephen R: Baile & Oo AA SRB/mm ¢~ eu Enclosure © ed ”, SS Received by %. eceive 1 by: iS, z BO KASSAB LAW FIRM S Date: April__, 2018 \a= Ss J wie \ 770 South Post Ook Lane Suite 420 Houston, Texas 77056 T 713.955.4440 F 1.713.766.6542 www.spcounsel.com BERRY V- POHL POHLIBERRY (Butts)-003-000007 through POHLIBERRY (Butts)-003-0000007 BERRY v. POHL , POHLIBERRY (Gpeck)-004-000001 through POHLIBERRY (Gpeck)-004-0000197 ow Z oS NN SHEPHERD PREWETT etc Stephen R. Bailey sbailey@spcounsel.com April 13, 2018 Mr. David Kassab Via Hand-Delivery/RRR Kassab Law Firm Ne 1214 Elgin Street RQ Houston, Texas 77004 oy Re: Cause No. 2017-41110; Mark Kenirell Cheatham, Sr., l. v. Michael A. Pohl, et al., in the 55t Judicial District Court of Harrig.€ nty, Texas °@ Dear Mr. Kassab: Q) & Per your request of April 4, 2018, enclosed plegse find a CD with documents labeled POHL/CHEATHAM (Reese)—003-—00000 (through POHL/CHEATHAM (Reese)—003—000234. Very fey yours, KR tephen R. Bailey O SRB/dmh ® Enclosure & Y - Received by: =) % at i © Co, BO KassaB Law Firm () Oo S oe > L,* O = Dy © Date: Apri. 2018 NS Vas \ 770 South Past Oak Lane Suite 420 Houston, Texas 77056 1 713.955.4440 F 1.713.766.6542 www.spcounsel.com } Uv 9 9 c ¢- 9 5 in = > mM Za | ei : a? ij AF : i 2 x -~ 5 BB & | S | S ¥ © & © ; cS IN > _&S & SS NS oe iN & EXHIBIT C- & @ © ) w © C & S& PN & Ss LAW FIRM. JUL 10 2018 SHEPHERD PREWETT puc CEIVED Billy Shepherd oe S) July 10, 2018 ~~ Mr. Lance Kassab Via Hand-Delivery/RRR Mr. David Kassab Gi Kassab Law Firm j KASSA b 1214 Elgin Street & — Houston, Texas 77004 & JO-O+-2618 Re: Brumfield, et al v. Pohl,.et al; Gandy, et al. v. Pohl, et al; 6) Cheatham, et al v. Pohl, et al; & RECEIVED Berry, et al v. Pohl, et al. ~ Dear Lance & David: Ww In supplementation of disepery in the referenced matters, I have enclosed a thumb drive containing docu $s Bates-labeled POHL/CHEATHAM-004-000001 through POHL/CHEATHAM- -006937. The documents include depositions and deposition exhibits from th ississippi federal court case, hearing transcripts and hearing exhibits from th ississippi federal court case, party affidavits from the Mississippi federal cour case, and other documents. Note that, in the transcript of the April 20, 2017 silent conference conducted by the Hon. Keith Starrett, the settlement amounts a e been redacted. The parties agreed that the settlement amounts would be\confidential, and Judge Starrett approved the agreement and settlement, eve] ering that certain subsequent filings concerning the settlement be filed under gen. ; ES © Very tr yvoury SS ~ NS ee : eatevee, Or B oherd one y ALN \ard GWS/mm wr OA Wye Enclosure oe SSA ce: All Counsel (without enclosure) >. R ecediye Oy" 33,2022-09-12,DECL,Kassab,Lance Kassab’s declaration,"Declaration of Lance Christopher Kassab in support of Traditional Motion for Summary Judgment and Response to Pohl's MSJ — sworn testimony under penalty of perjury establishing Kassab's professional background, the joint venture with Montague and Nicholson, the source of client information from Precision Marketing, the four barratry lawsuits and their outcomes, and assertion of work product and attorney-client privilege over communications","Phase 3 evidentiary filing supporting Kassab's MSJ (Filing #30) and his Response to Pohl's No-Evidence MSJ (Filing #34). This is a sworn declaration under penalty of perjury providing foundational facts for Kassab's immunity and justification defenses. Filed September 12, 2022.",MSJ-2,N/A,Phase 3,2022-09-12_DECL_Lance-Kassab-Declaration_FILED.pdf,,"9/12/2022 3:28:03 PM Marilyn Burgess - District Clerk Harris County Envelope No: 68168171 By: LOPEZ, ASHLEY V Filed: 9/12/2022 3:28:03 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT § § V. § OF HARRIS COUNTY, TEXAS ae SCOTT FAVRE, et al § 189th SUDIGIAL DISTRICT DECLARATION OF LANCE CHRISTOPHER KASSAB 1. My name is Lance Christopher Kassab. My date of. ~ is March 12, 1961. My business address is 1214 Elgin Street, H on, Texas 77004. I am of sound mind and have never been conWicted of a felony or misdemeanor involving moral turpitude anda erwise competent to make this declaration. I declare under pe y of perjury that the statements of fact made herein are within personal knowledge and true and correct. 6) 2. Iam an attorney licensed to practice:iaie in the State of Texas. I have been licensed to practice law by theState of Texas since 1995 and I am in good standing. I graduated a a school with honors and was editor-in-chief of Law Review also licensed to practice before the United States Supreme Court, the United States Fifth Circuit Court of Appeals and the United States District Court of Texas, Southern, Eastern and Western Dagens. I was formerly a Briefing Attorney for the First Judicial Disc ourt of Appeals in Houston, Texas and Iam a former intern for Texas Supreme Court and the First Judicial District Court of Appeals. pp ©) 3. For more thaw twenty-five (25) years I have been in private practice handling complex legal malpractice cases. I have been involved in and/or handled appvoximately 2,300 legal malpractice cases and have been alee numerous appeals regarding numerous legal malpractice issues Th e vast majority of these cases have been on the Plaintiff's side. Ho I have also handled the defense of legal malpractice cases. I have. andled cases for clients all over Texas and in numerous other states within the Union such as California, Utah, Nevada, Oregon, Idaho, Arkansas, Colorado, Virginia, Alabama, Louisiana, Florida and Mississippi. 4. I am the owner of Lance Christopher Kassab, PC d/b/a The Kassab Law Firm. I have associated with Hattiesburg attorney F. Douglas Montague 1 (“Montague”) in the past. For instance, Montague and I were co-counsel in lawsuits we brought against John O’Quinn, which we filed on behalf of more than a thousand of O’Quinn’s former silicosis clients. That litigation was filed in 2011 and litigated through 2015. Communications between me or my office on the one hand and Montague and his office on the other hand concerning or relating to that litigation are privileged under the attorney-client and work product privileges and confidéntial under the Texas Disciplinary Rules of Professional Conduct. @ 5. Sometime in the fall of 2014, Montague notified me of litigation filed against Michael A. Pohl (“Pohl”) in Mississippi, styled Cause No. 1:14- cv-381-KS-JCG: Scott Walker, et al. v. Jimmy Williamson, et al.; In the United States District Court for the Southern Dis ib of Mississippi, Southern Division (the “Mississippi Litigation. The Mississippi Litigation was filed by Scott Walker, Kirk Ladnefand Steve Seymore, the then owners of a company named Precision Marketing Group, LLC (“Precision Marketing”). Walker, Ladner and Symore alleged that Pohl had hired their marketing company, Precision arketing, to find and solicit clients to refer to Pohl in excharige for a percentage of Pohl’s attorney’s fees. Precision Marketing algo. alleged that it would receive, from Pohl, a sum certain for each client it referred to Pohl. Walker, Ladner and Seymore alleged that hey acquired thousands of clients relating to the BP Deepwater Hofigpn Oil Spill and referred those clients to Pohl. They also alleged ne ey referred numerous auto accident cases to Pohl. Walker, Ladner, eymore and Precision Marketing sued Pohl claiming he breached ¢heir agreement by refusing to pay them for all of the referrals. & 6. Upon learning of thé Mississippi Litigation, I and staff at my office obtained a large amount of information related to the Mississippi Litigation from ederal court’s online public access to court records system, PACHR.;Falso met with Scott Favre (“Favre”), who I understood became the, owner of Precision Marketing through a_ purchase agreements be had with the prior owners. Upon reviewing the informatior obtained from PACER and through my discussions with Favre oncluded that the clients who were solicited to hire Pohl had pote claims against him for civil barratry pursuant to Section 82.08 1 of the Texas Government Code. 7. On November 11, 2016, I entered into a joint venture agreement with Montague and another lawyer named Tina Nicholson (“Nicholson”). A copy of that agreement is attached hereto as Exhibit A. The purpose of the joint venture was to pursue causes of action against Pohl and others for civil barratry. 2 8. Thereafter, Favre and his counsel, Nicholson, provided me with information from Precision Marketing’s files, including the names and addresses of Pohl’s former clients or prospective clients. This information was provided to me prior to Favre and Precision Marketing settlement of the Mississippi Litigation with Pohl. I understood that this information belonged to and was the property of Precision Markéting, not Pohl or any other person or entity. The basis of this understanding is the purchase and sale agreements, where Walker, Letper and Seymore stated they were the owners of all the assets ,of recision Marketing, including all of the documents in _ thei)possession, computers, computer files, client lists, etc. and that alkof those assets were sold to Favre when her purchased Precision Mpxtsting 9. Pohl has alleged that all of Precision Marketing’sGssets, such as client lists, marketing information and all other doc nts within Precision Marketing’s possession was somehow acqui y improper means. I did not know that the information I we provided by Precision Marketing had been allegedly acquired from ohl by improper means or misappropriated by anyone. In fact, Ichad reviewed agreements that indicated the former owners of Precision Marketing, Scott Walker, Kirk Ladner and Steve Seymour sediment had sold, conveyed, or otherwise transferred all of theirGdeuments, lists, marketing materials, and all other documents and ass s in their possession to Favre and/or his companies. © 10. Pursuant to the joint v & with Montague and Nicholson, I used the information from th “Mississippi Litigation to send advertisement letters to Precision Mayketine’s clients, informing them that they may have been a victim-of barratry, that barratry is illegal and unethical in Texas, and that, fact they were victims of barratry, they would be entitled to fileciyil claims against Pohl. I sent the advertisement letters to the Texas. tate Bar and the bars of other states in which the advertiseménts were distributed for approval. Literally hundreds of individ esponded, indicating that they had been, in fact, personally solicit hire Pohl in their auto accident or BP claims. 11. Beginning at least by February 2017, my firm and the law firms of Montague and Nicholson entered into contracts with more than four hundred individuals to represent them in their claims against Pohl for civil barratry. Attached hereto as Exhibit B are the contracts that we received pertaining to Dezzie Brumfield (signed February 28, 2017), Alice Marie Gandy (signed August 21, 2017), Mark Cheatham, Sr. (signed April 20, 2017) and Mae Berry (signed April 14, 2017) who would 3 become the lead plaintiffs in the four barratry lawsuits that Montague, Nicholson and I were hired to pursue against Pohl. 12.Pursuant to the joint venture, I filed the four separate barratry lawsuits against Pohl (collectively, “the Barratry Litigation”). The Berry case was filed on June 5, 2017, and ultimately included seven plaintiffs that were alleged to have been solicited by Pohl to pursue auto accident claims. The Cheatham case was filed on June 20, 2017, and ultimately gpitided four plaintiffs who were alleged to have been solicited to hess ohl to pursue auto accident claims. The Brumfield case was fil June 8, 2017, and by July 26, 2017, that suit had vopronimatoly. 62 plaintiffs who were alleged to have been solicited to hire Pohl to pursue BP claims. The Gandy case was filed on October 16, 2017, an that suit included approximately 135 plaintiffs who were alleged to ve) been solicited to hire Pohl to pursue BP claims. & 13. Pohl filed this lawsuit against me, Nicholso and Montague on August 28, 2018, while the Barratry Litigation wag Spdoing 6) 14.The Berry case was settled on Decombges0 2019 with Pohl agreeing to pay the plaintiffs a substantial sumof money. The Cheatham case was initially dismissed on summary jidement, but the court of appeals recently reversed, concluding oes ismissal of the case was erroneous. See Cheatham v. Pohl, No. 01- 046-CV, 2022 Tex. App. LEXIS 6528 (Tex. App.—Houston [1st Dit Aug. 30, 2022, no pet. h.). Thus, the Cheatham case is ongoi he Brumfield and Gandy cases were dismissed on summary-iidement based on an affirmative defense of limitations. See Brumfield v. Williamson, 634 S.W.3d 170 (Tex. App.— Houston [1st Dist.] 2027, pet. denied); Gandy v. Williamson, 634 S.W.3d 214 (Tex. App.—Houston [1st Dist.] 2021, pet. denied). We represented the plaintiffs 1 Appeals through the Texas Supreme Court. The appellate courf affirmed on May 27, 2021, and the Texas Supreme Court denied review on January 28, 2022. Our representation of the Brumfield and Gandy @eintifis concluded shortly thereafter. Sou a. 15.In thi wsuit, Pohl has requested communications and documents exc ed between me or my firm on the one hand and Nicholson and ague or their firms on the other hand. Those communications and documents exchanged are protected by the work product privilege because I anticipated litigation against Pohl no later than January of 2015. In fact, Montague and I started discussing litigation against Pohl and others in late 2014 and started circulating a joint venture agreement by January 15, 2015. Nicholson was brought in because she was licensed to practice law in many of the gulf states where we 4 contemplated filing lawsuits against Pohl. Communications and documents exchanged between Montague, Nicholson and I after we anticipated litigation consist of work product. 16. Pohl has also requested communications between me or my firm on the one hand and my clients in the Barratry Litigation on the other hand. Those communications are protected by the attorney-client angers product privileges and are confidential communications under the: exas Disciplinary Rules of Professional Conduct. The communicg iis were made for the purposes of facilitating the rendition of profess} al legal services to my clients in their pursuit of barratry claims Ggainst Pohl. Likewise, the internal work product of my firm is eon: idential and consists of mental impressions, opinions, conclusion eahétes and/or legal theories concerning the Barratry Litigation. Ke) ® Executed in Harris County, State of Texas, on the 12tday of September, 2022. Z x te. Z Lance Christopher Kassab s Ww @ © IN O° & 5 EXHIBIT A | ea _& ® GP er ry x & S & S Ra ee LAW FIRM ) | November 11, 2016 GO XS | Via Email dmontague@mpviaw.com °@ | F, Douglas Montague, HI Z ) | MONTAGUE, PirrMAN & VARNADO, P_A, ® | 525 Main Street @ Hattiesburg, MS 39403 SO Via Email nicholson@ bakernicholson.com Tina Nicholson s\ BAKER NICHOLSON LAW FIRM & 2402 Dunlavy Street Or Houston, Texas 77006 ~\S Re: Joint venture for cause{QF action against Jimmy Williamson, Michael Pohl and any and all afGiiated entities, for violations of the Texas Barratry Statute or any act@eVhegligence arising out of the Deep Water Horizon Oil Disaster, ve accident cases, and any other types of cases solicited by Willamson\and/or Pohl in violation of the Texas Barratry statute by these lawyers, Dear Doug and Tina: ou Please alloy this letter to reflect our agreement regarding our joint venture for suits. against Jimmy Vijtiamson (Williamson), Michael Pohl (Pohl) and any other lawyer or law firm connected wig m responsible for violating of the Texas Barratry Statute arising out of the Deep iene) tl Disaster, vehicle accident cases, and any other types of cases solicited by them in Violation the Texas Barratry statute. ~) agreement is made between our respective law firms, The Kassab Law Firm (Kassab), Montague, Pitman & Varnado, P.A. (Montague} and The Baker Nicholson Law Firm (Baker). We have agreed to bring lawsuits on behalf of clients who were wrongfully solicited on behalf of Williamson and/or Pohl. their respective law firms and anyone else that may be fiable for these actions. Kassab agrees to send out solicitation letters and sign up clients for the lawsuit. Kassab also agrees to drafi relevant petitions, do the bulk of the work in drafting and responding to motions and other filed documents. litigate and try the cases. Kassab also agrees to front fifty percent (50%) of the case expenses. Montague agrees to help manage the clients and help with strategy and litigation where necessary. Montague also agrees to help try cases as second chair if necessary, Montague also agrees to front fifty percent (50%) of the case expenses. Baker agrees to help manage clients, strategize and participate or help in filing suits 1426 Alabanza Street | Houston | Texas | 77004 ~ £.733.929.7400 | f. 713.922.7410 sanane: Poseae) coalthda hives whines fev F. Douglas Montague November 11, 2076 ‘ ft Page 2 of 2 Oy where necessary, including, but not limited to other states where Baker’s atthendys are licensed. Baker also agrees to provide previously prepared solicitation letter templates, thai comply with the ethics rules of each applicable state. We have agreed to split any all attorney's fees generated trom this joint effort in the following way: fifty perce: 30%) to Kassab, forty percent (40%) to Montague and ten percent (10%) to Baker. In ea’és’ where Baker makes an | appearance on the pleadings in States such as Florida and/or Alabina, the parties herein agree to | the following split of fees regarding those cases only: fifty percept 50%) to Kassab, twenty five | percent (25%) to Montague and twenty five percent (25%) (Baker. Cases in which Baker | assumes primary responsibility for litigation as lead coun eli any, shall be negotiated on an | individual basis. © | There may also be cases that arise from the RB Bractice of these lawyers including, but | not limited to, negligence claims. The Parties her€it agree to the same arrangement outlined above with regard to the litigation of these CaBRR, dditionally, some of the clients that have been solicited by these potential defendants ns cancel their contracts and thus, need counsel regarding their cases. Furthermore, some ts may have malpractice actions arising out of Pohi/Williamson’s failure to timely file and@ursue their claims. The Parties herein agree to use their best efforts to either find these cis counsel to handle their cases, in which we agree to split any and all referral fees as outlin ove or we will handle their cases. In either event, the Parties hereto agree to the same auogiess fee split as outlined above. : u SS If this letter accurately owtfines our agreement, please indicate by signing below. w la p Y S Sincerely, . IN THE KASSAB LAW FIRM © ae el . ° o: nn __ 2O ag Kgs apie © “~~ Lance Christopher Kassab . a . EXHIBIT B. oe _& ® GP se ey x & & & S ill LAW FIRM 1420 Alabama Street | Houston | Texas | 77004 p. 713.522.7400 | f. 713.522.7410 www. TexasLegalMalpractice.com POWER OF ATTORNEY FOR PROFESSIONAL SERVICES @ ” * —F- FD ~ Client(s) full legal name: Dz Z2Z14EL Lam onl Lf. turn PIE I. of 3 Client(s) address: —__ Client(s) home phone number:_ ee x number: 2 Cell number: P| ‘lient(s) Email: Client(s) social security number(s): : ss oe (Confidential) @ This agreement is between the above client(s), hereinafiet referred to as “Client” and LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB oda FIRM, MONTAGUE, PITTMAN & VARNADO, P.A. and the BAKER NICHOLSON LAW ne ereinafter referred to as “Attorneys.” 1. SCOPE OF SERVICES. Attorneys are hereby employed and appointed as Client’s true and lawzul attorneys to act for Client and to prosgepite Client’s claims or causes of action against: JIMMY WILLIAMSON, JIMMY WILLIAMSO - AND/OR MICHAEL A. POHL (Defendants) and all other persons, firms, corporations, or byst ss entities legally responsible for causing Client’s damages resulting from such acts as follows; BARRATRY, LEGAL pRacrice AND/OR BREACH OF FIDUCIARY DUTY ARISING O THE BP DEEP HORIZON LITIGATION Client understands that Client’s case may be filed and litigated jointly with other clients who are similarly situate ient and/or who have similar claims against Defendants. As such, Client is aware rees that Client’s confidential information may necessarily be disclosed among otherclients in order to effectuate a settlement. Client further understands and a s that if a disagreement or dispute arises between any of the common clients to sharing of the confidential information, the attorney-client privilege may not be available for assertion by any of them against the other(s) on certain issues. Finally, if a ca on or aggregate sett:ement is effectuated, Client understands and agrees that the of demand may require ue consent of all commonly-represented clients and the failure‘of one or a few members of the group to consent to the settlement may result in the withdrawal of the settlement or offer. Client further understands that Attorneys are not specialized in, nor do they give, tax advice, bankruptcy advice, family law or estate planning advice or any other advice involving other non- civil or non-personal injury areas of specialized practice of law and they would recommend the retention of a Certified Public Accountant (CPA) or qualified tax lawyer with regard to any questions as to the taxability of any proceeds that are received pursuant to this agreement. Client(s) Initials: D LB Page 1 of 6 2. AUTHORITY. Client authorizes Attorneys to act as Client’s negotiator, to file pleadings and appear in courts of law in Client’s behalf, to prosecute Client’s claims or causes of action to settlement or final judgment, and to take any appropriate legal action they deem reasonably necessary in the preservation of Client’s rights and claims. Client further authorizes attorneys to do all things that Client might lawfully do in Client’s behalf, and ratifies and confirms all such lawful acts that Attorneys may do or cause to be done on behalf of Client. Provided, however, that no settlement shall be made by attorneys without Client’s approval. If C refuses an offer of settlement against Attorney’s recommendation, then Client agrees to e responsible for paying all costs and expenses of the case, and must reimburse Attoméy for expenses and costs already incurred within seven (7) days of a written demand for such reimbursement. If Client fails to timely reimburse Attorney after receiving such written e, then such failure constitutes a termination of the representation by the Client. In the pave such termination, Attorneys are entitled to retain their entire contingency fee meee 3. CONTINGENT FEE. In consideration of the services rémlered and to be rendered by Attorneys, Client assigns and conveys to Attorneys the followiag present undivided interest in and to Client’s claims or causes of action: S) S 33-1/3% of any sum collected betes sui is filed; OR 40% of any sum collected suit is filed and settlement is made without a ria OR 45% of any sum coll after the day prior to the first day trial begins a lement is made or judgment is paid without appéal. The above percentages shall be calcul On the gross total settlement and/or recovery of cash, property, reduction of debt or any, oi calculable benefit Client obtains through Attorney’s representation, whether paid by pace ic payments, lump sum payment, transfer of property (real or personal) or calculated by the cost of a structured settlement, or any combination thereof. The contingent fee will be calculated on the gross recovery before the deduction of costs and expenses. The co ent fee granted to attorneys based on the foregoing percentages shall be and does hereby constitute a lien upon said claims or causes of action and any proceeds of settlement or judgment, Client further understands that this Contract of Employment and Power of Attorney extends through the trial of this cause and the post-trial motions leading to the entry of a final trial Soot judgment. However, Attorneys will not have any duty to undertake an appeal under this Co tract of Employment and Power of Attorney unless and until there is an agreement bet eon Client and the Attorneys to undertake same for an additional fee. If there is to be an ap cal; of this case and the Client and the Attorneys agree to appeal this case, then Attorneys! feos for the consummation and handling of that appeal will be negotiated at that time. 4, REFERRAL FEE. Client understands that no one has an interest in this case as a referring attorney included in the fees to be paid as described above. The referring attorney’s interest is n/a of the gross attorney’s fees collected by Attorneys. 5. CosTS, EXPENSES AND COMMON EXPENSES. Client understands that Client’s claims may be litigated together with similarly situated clients. Client therefore understands that Attorney Client Initials: D Lf Page 2 of 6 may advance sums to.cover reasonable and necessary expenses which in his opinion are reasonably necessary for the development of the Client’s case including any client-specific expenses as well as Client’s share of various “common expenses.” Common expenses are expenses that benefit multiple clients who are involved in the same litigation. Examples of common expenses include costs associated with expert witnesses, consultants, investigators or witnesses who will testify on common issues, deposition costs for deposing Defendants and witnesses (i.e. the main defendants or the staff members of defendants), travel costs associated with common depositions and with attending hearings at which motions on co issues are heard, copying charges for copying or scanning documents that pertain to on issues or clients, court reporter and deposition fees that pertain to common issues of ohents, as well as miscellaneous costs such as parking costs, certified mail, delivery charges, and postage for motions and briefings which pertain to common issues or clients. Client “spécific costs” are costs that will likely be incurred that benefit only the one specific Sent eee would not be incurred if that particular client did not exist. Examples of speéifié costs include physical examinations, costs associated with deposition of the particulaf ered to as “Client” and LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASS FIRM, MONTAGUE, PITTMAN & VARNADO, P.A. and the BAKER NICHOLSON LAW ereinafter referred to as “Attorneys.” 1. SCOPE OF SERVICES. Attorneys are perdy npoyed and appointed as Client’s true and lawful attorneys to act for Client and to pr égute Client’s claims or causes of action against: MICHAEL A. POHL (Defendant) and all other persons, firms, corporations, or business entities legally responsible for causing Client’s damages resulting from such acts as follows: BARRATRY, LEGAL MAL TICE AND/OR BREACH OF FIDUCIARY DUTY ARISING F A ROLLOVER CASE INCIDENT Client understands that Cli ®) case may be filed and litigated jointly with other clients who are similarly situated lient and/or who have similar claims against Defendants. As such, Client is aware an rees that Client’s confidential information may necessarily be disclosed among other) clients in order to effectuate a settlement. Client further understands and agrees that if a disagreement or dispute arises between any of the common clients to sharing of the confidentiai information, the attorney-client privilege . may not be av ale e for assertion by any of them against the other(s) on certain issues. inally,if-a corn on or-ageregate settlemen effectuated,-Client-understands-and-agrees——— that the off or oF demand may require the consent of all commonly-represented clients and the failu ¢ of one or a few members of the group to consent to the settlement may result in the withdrawal of the settlement or offer. Client further understands that Attorneys are not specialized in, nor do they give, tax advice, bankruptcy advice, family law or estate planning advice or any other advice involving other non- civil or non-personal injury areas of specialized practice of law and they would recommend the retention of a Certified Public Accountant (CPA) or qualified tax lawyer with regard to any questions as to the taxability of any proceeds that are received pursuant to this agreement. Client(s) Initials: MN C Page 1 of 6 2. AUTHORITY. Client authorizes Attorneys to act as Client’s negotiator, to file pleadings and appear in courts of law in Client’s behalf, to prosecute Client’s claims or causes of action to settlement or final judgment, and to take any appropriate legal action they deem reasonably necessary in the preservation of Client’s rights and claims. Client further authorizes attorneys to do all things that Client might lawfully do in Client’s behalf, and ratifies and confirms all such lawful acts that Attorneys may do or cause to be done on behalf of Client. Provided, however, that no settlement shall be made by attorneys without Client’s approval. If Client refuses an offer of settlement against Attorney’s recommendation, then Client agrees to becaite responsible for paying all costs and expenses of the case, and must reimburse Actornes expenses and costs already incurred within seven (7) days of a written demand for sucheimbursement. If Client fails to timely reimburse Attorney after receiving such written n , then such failure constitutes a termination of the representation by the Client. In the event of such termination, Attomeys are entitled to retain their entire contingency fee interest. . & 3. | CONTINGENT FEE. In consideration of the services renteved and to be rendered by Attorneys, Client assigns and conveys to Attorneys the following present undivided interest in and to Client’s claims or causes of action: & 33-1/3% of any sum collected before shit is filed; OR 40% of any sum collected afiereuit is filed and settlement is made without a na ge 45% of any sum collected er the day prior to the first day trial begins an ement is made or judgment is paid without app nae The above percentages shall be caleulaedn the gross total settlement and/or recovery of cash, property, reduction of debt or any other calculable benefit Client obtains through Attorney’s representation, whether paid by peri payments, lump sum payment, transfer of property (real or personal) or calculated > cost of a structured settlement, or any combination thereof. The contingent fee e calculated on the gross recovery before the deduction of costs and expenses. The contingent fee granted to attorneys based on the foregoing percentages shall be and does hereby constitute a lien upon said claims or causes of action and any proceeds of settlement or jud ~” Client further understands that this Contract of Employment and Power of Attorney exis through the trial of this cause and the post-trial motions leading to the entry of a final trial ¢oyirt judgment. However, Attorneys will not have any duty to undertake an appeal under thi Contract of Employment and Power of Attorney unless and until there is an agreement betwss Client and the Attorneys to undertake same for an additional fee. If there is to be an appe4lof this case and the Client and the Attorneys agree to appeal this case, then Attomeys fees for the consummation and handling of that appeal will be negotiated at that time. 4. REFERRAL FEE. Client understands that no one has an interest in this case as a referring attorney included in the fees to be paid as described above. The referring attorney’s interest is n/a of the gross attorney’s fees collected by Attorneys. 5. Costs, EXPENSES AND COMMON EXPENSES. Client understands that Client’s claims may be litigated together with similarly situated clients. Client therefore understands that Attorney may advance sums to cover reasonable and necessary expenses which in his opinion are Client Initials: me _ Page 2 of 6 reasonably necessary for the development of the Client’s case including any client-specific expenses as well as Client’s share of various “common expenses.” Common expenses are expenses that benefit multiple clients who are involved in the same litigation. Examples of common expenses include costs associated with expert witnesses, consultants, investigators or witnesses who will testify on common issues, deposition costs for deposing Defendants and witnesses (i.e. the main defendants or the staff members of defendants), travel costs associated with common depositions and with attending hearings at which motions on common issues are heard, copying charges for copying or scanning documents that pertain to contin issues or clients, court reporter and deposition fees that pertain to common issues or clients, as well as miscellaneous costs such as parking costs, certified mail, delivery charges,))and postage for motions and briefings which pertain to common issues or clients. Client “specific costs” are costs that will likely be incurred that benefit only the one specific client i tikes would not be incurred if that particular client did not exist. Examples of specificocosts include physical examinations, costs associated with deposition of the particul tent, costs associated with expert witness testimony that will only benefit the specific client/ copy charges, postage for motions, letters, correspondence or other briefs which only be the specific client as well as travel costs to attend hearings, depositions or other legal edings which only benefit the specific client. Client understands and agrees that if Atto advance any court costs and other litigation expenses incident to the handling of Client’s¢ aims, including common expenses, Client will be responsible for reimbursing Attomne¥s_jout of any recovery made in client’s lawsuit. Common expense deductions will be “— as follows: At the time of settlement or resolution Clients case, Client will be responsible for its percentage of the common expense which will be deducted from any recovery after the deduction of attorneys’ fees. The percentage will be calculated by taking the total number of clients and dividing this number by the total amount of common expenses. As an example, if there are 100 clients and common expenses amount tet 0,000.00, then each client would be required to pay $100.00 in common expenses (100 clients / $10,000.00 = $100). As another example, if there are 15G gents and the common expenses amount to $30,000.00, then each client would be required to pay $200.00 in common expenses (150 clients / $0 000.00= $20 Client further agrees nit.all sums advanced by Attorneys to cover such necessary court costs and other litigation expe incident to the preparation and prosecution of Client’s claims or causes of action will be repaid to Attorneys out of any sum collected in addition to any contingent fee set forth herein. ient agrees that any advancement of costs or expenses by Attorneys shall also constitute@ ‘lien on Client’s claims and any proceeds of any settlement or judgment. If there is n very for Client, Client will not be responsible for any costs and/or expenses to re Ha ne feeover: 6. WARRANTIES AND REPRESENTATIONS. Attorneys agree to use the firm’s best efforts in representing Client. Client understands that Attorneys make no warranties or representations regarding the successful outcome of Client’s claims or causes of action, the value thereof, or any expected recovery, and any expression relative thereto is a matter of Attorney's opinion only. Attorneys do not guarantee any timeframe within which Client’s claims or causes of action will be resolved. Client Initials: Nn Page 3 of 6 7. CLIENT OBLIGATIONS. Client agrees to tell Attorneys the truth, to cooperate with and keep Attorneys informed of any developments relative to Client’s claims or causes of action, to faithfully comply with this agreement, and to keep Attorneys advised of any changes to Client’s address or telephone number. 8. FICTITIOUS, GROUNDLESS, OR BAD FAITH. Client understands that in the event a suit filed in Client’s behalf is found to be frivolous, fictitious, groundless, or broughtin bad faith, Client may be liable for defendant's attorney's fees. RQ @ 9. SANCTIONS. Client agrees that Client must timely comply with discovery requests from opposing counsel. Client understands that Client’s failure to comply | discovery requests could result in the court imposing sanctions in the form of a fine or ot enalty. Client agrees that in the event sanctions are imposed, Client will be solely responsible for paying any and all sanctions, and Client further agrees that Attorneys will not be gesponsible or liable for any sanction award. & 10. LIABILITY FOR COURT Costs. Client understands thatin the event a lawsuit is filed in Client’s behalf and such lawsuit is not ultimately sven Ce favor, court costs could be assessed against Client. Client understands that such costs will not be paid by Attorneys and agrees to pay such court costs should they be imposed. 11. IF NO RECOVERY. Client further indent that if Attorneys are unable to recover anything either by settlement or trial, Client sh owe Attorneys nothing as a fee and Client shall not be obligated to reimburse Attorneys for ¢ ses advanced on Client’s behalf. 12. CONSENT TO ASSOCIATE. Clieat understands and agrees to the association of Lance Kassab of The Kassab Law Firm, Doug Montague of the law firm Montague, Pittman & Vamado, P.A. and Tina Nicholso rhe Baker Nicholson Law Firm to represent Client and other similarly situated Clients ins litigation and/or potential claims. Attorneys have agreed to split all attorney’s fees in the following manner: Fifty percent (50% The Kassab Law Firm: Forty percent (4 0 Montague, Pittman & Varnado, P.A.: and Ten percent a The Baker Nicholson Law Firm. However, if The Baker Nicholson Law Firm assumes primary responsibility for litigation as lead counsel in Client's case, then the Attorney’s have agreed to split all attorney’s fees in the following mee Pitty percent (50%) to The Kassab Law Firm Twenty-Five percent (25%) to Montague, Pitman & Varnado, P.A.; and Twenty-Five percent (25%) to The Baker Nicholson Law Firm. The lawyers and law firms listed above have agreed to assume joint responsibility for the representation of Client. Client understands and agrees to the association of these law firms and the percentages of fees allocated to each law firm as stated above. The division of fees between the lawyers and law firms listed above will not increase or change the amount of attorneys’ fees charged to the Client as outlined in Paragraph 3 above. Client Initials: | hf Page 4 of 6 13. TERMINATION AND WITHDRAWAL. Client understands and agrees that Attorneys may terminate the attorney-Client relationship created by this agreement and withdraw from Client’s representation with or without Client’s consent for any reason Attorneys deem necessary. 14. CONTROVERSY AND DISPUTES. Any controversy arising out of or relating to Attorneys’ representation of Client or this contract or any modification Ns extension thereof, including any claim for breach of contract, tort, for damages, or fora scission or reformation of this contract, or any other claim shall be settled by a colt of law with competent jurisdiction in Harris County, Texas without a jury. GS XS 15. CLIENT REQUESTS. Client understands that if requests by Clie not consistent with the standard of care required of Attorneys, the Texas Disciplinary Rul Professional Conduct, the Texas Supreme Court’s Mandate of Professionalism, or on courtesies expected between Attorneys and other lawyers or third parties, Attorneys entitled to refuse without breaching this agreement. & 16. DISCIPLINARY ISSUES. Client understands that ther alternative remedies against Defendant attorneys may exist. For that reason the empJoyment of Attorneys are not for the purpose of prosecuting other alternative remedies whether criminal, disciplinary, or other civil matters. However, Client is hereby specifically advised in accordance with the Disciplinary Rules of Texas that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not complaint against or dispute with a lawyer involves professional misconduct, the State s Office of General Counsel will provide you with information about how to file a co t. You may call the State Bar's General Counsel Office toll free at 1-800-932-1900 for moresinformation, The complaint that may be filed by the State Bar's General Counsel’s office ox,by you as part of a disciplinary proceeding is NOT the same thing as a legal malpractice ner may be prosecuted on your behalf by Attorneys. 17. CONTRACT SURVIVABILITY. This agreement and the powers and authority granted herein shall survive and not tefquinate upon Clients death, mental incapacity, or legal disability. 18. SINGULAR AND Pian When the context requires, singular nouns and pronouns used herein include the plugat 19. SaviNcs, 4) SEVERABILITY. If any provision of this agreement is held void and/or unenforceable, (then such provision will be modified to reflect the parties’ intention. All remaining Peon of this agreement shall remain in full force and effect. 20. COmDLETE AGREEMENT. This document sets forth the complete agreement between Attorneys and Client and may be modified only by a written instrument signed by both a legal representative of LANCE CHRISTOPHER KASSAB, P.C. and Client. It is agreed that there are no oral representations of any kind. 21. COMPLETE UNDERSTANDING. By signing below and initialing each page, Client acknowledges he has fully read this agreement, its terms, effects and consequences and that its terms, effects and consequences have been fully and completely explained to Client by Attorneys to Client’s full satisfaction. Client Initials: / Zi Page 5 of 6 PLEASE INITIAL EACH PAGE, PRINT NAME, SIGN AND DATE DATED: Agvil) ZO, , 2017. CLIENT: (Printed Name) LANCE CHRISTOPHER KASSAB, P.C. D/B/A Z) THE KASSAB LAW FIRM, MONTAGUE, PITTMAN & VARNADQ; PA. BAKER NICHOLSON LAW FIRM we ow Pf eae — SS) & ~ ©) © & iS cS IN O & & Client Initials: / VIC _ Page 6 of 6 LAW FIRM 1420 Alabama Street | Houston | Texas | 77004 p. 713.522.7400 | f. 713.522.7410 www.TexasLegalMalpractice.com POWER OF ATTORNEY FOR PROFESSIONAL SERVICES Client(s) full legal name: MEP a Fi OAAS o WO - (s) = —e- a Client(s) home phone number: work number: XG a — Cel! number a i © Client(s) social security number(s): cr (Confidential) . ° : bd @ it . 39 This agreement is between the above client(s), hereinaft ferred to as “Client” and LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB RM, MONTAGUE, PITTMAN & VARNADO, P.A. and the BAKER NICHOLSON LAW FI ereinafter referred to as “Attorneys.” 1, SCOPE OF SERVICES. Attorneys are here Snployed and appointed as Client’s true and lawful attorneys to act for Client and to prose lient’s claims or causes of action against: MICHAEL A. POHL (Defendant) and all ot rsons, firms, corporations, or business entities legally responsible for causing Client’s d: e s resulting from such acts as follows: BARRATRY, LEGAL MALPR¢ on AND/OR BREACH OF FIDUCIARY DUTY ARISING Our oF A ROLLOVER CASE INCIDENT ca Client understands that re ase may be filed and litigated jointly with other clients who are similarly situated to.Client and/or who have similar claims against Defendants. As such, Client is aware and es that Client’s confidential information may necessarily be disclosed among other nts in order to effectuate a settlement. Client further understands and agrées) that if a disagreement or dispute arises between any of the common clients to the sharing of the confidential information, the attorney-client privilege may not be available for assertion by any of them against the other(s) on certain issues. Finally, if a co NRG i or aggregate settlement is effectuated, Client understands and agrees that the offer ore lemand may require the consent of all commonly-represented clients and the failure of on e or a few members of the group to consent to the settlement may result in the withdraw al of the settlement or offer. Client further understands that Attorneys are not specialized in, nor do they give, tax advice, bankruptcy advice, family law or estate planning advice or any other advice involving other non- civil or non-personal injury areas of specialized practice of law and they would recommend the retention of a Certified Public Accountant (CPA) or qualified tax lawyer with regard to any questions as to the taxability of any proceeds that are received pursuant to this agreement. Client(s) Initials: WS Page 1 of 6 2. AUTHORITY. Client authorizes Attorneys to act as Client’s negotiator, to file pleadings and appear in courts of law in Client’s behalf, to prosecute Client’s claims or causes of action to settlement or final judgment, and to take any appropriate legal action they deem reasonably necessary in the preservation of Client’s rights and claims. Client further authorizes attorneys to do all things that Client might lawfully do in Client’s behalf, and ratifies and confirms all such lawful acts that Attorneys may do or cause to be done on behalf of Client. Provided, however, that no settlement shall be made by attorneys without Client’s approval. If Client refuses an offer of settlement against Attorney’s recommendation, then Client agrees to becothe responsible for paying all costs and expenses of the case, and must reimburse Attorne expenses and costs already incurred within seven (7) days of a written demand for ok nen If Client fails to timely reimburse Attorney after receiving such written notive/ then such failure constitutes a termination of the representation by the Client. In the overt of such termination, Attomeys are entitled to retain their entire contingency fee interest. eS 3. CONTINGENT FEE. In consideration of the services wa and to be rendered by Attomeys, Client assigns and conveys to Attorneys the followjag resent undivided interest in and to Client’s claims or causes of action: SF 33-1/3% of any sum collected before suitis filed; OR 40% of any sum collected ate suit is filed and settlement is made without a trial; Re 45% of any sum collected:after the day prior to the first day trial begins and settlement is made or judgment is paid without oe The above percentages shall be calculated.o the gross total settlement and/or recovery of cash, property, reduction of debt or any oth& calculable benefit Client obtains through Attorney’s representation, whether paid by periodié)payments, lump sum payment, transfer of property (real or personal) or calculated by usi e cost of a structured settlement, or any combination thereof. The contingent fee wi calculated on the gross recovery before the deduction of costs and expenses. The conti t fee granted to attorneys based on the foregoing percentages shall be and does hereby constignte a lien upon said claims or causes of action and any proceeds of settlement or judgmen ke ient further understands that this Contract of Employment and Power of Attorney ete hh the trial of this cause and the post-trial motions leading to the entry of a final trial cour udgment. However, Attorneys will not have any duty to undertake an appeal under this Coftiract of Employment and Power of Attomey unless and until there is an agreement betw: ient and the Attorneys to undertake same for an additional fee. If there is to be an appea' this case and the Client and the Attorneys agree to appeal this case, then Attorneys' fep@r the consummation and handling of that appeal will be negotiated at that time. 4. Rikebean FEE. Client understands that no one has an interest in this case as a referring attorney included in the fees to be paid as described above. The referring attorney’s interest is n/a of the gross attorney’s fees collected by Attorneys. 5. COSTS, EXPENSES AND COMMON EXPENSES. Client understands that Client’s claims may be litigated together with similarly situated clients. Client therefore understands that Attorney may advance sums to cover reasonable and necessary expenses which in his opinion are Client Initials: INS Page 2 of 6 reasonably necessary for the development of the Client’s case including any client-specific expenses as well as Client’s share of various “common expenses.” Common expenses are expenses that benefit multiple clients who are involved in the same litigation. Examples of common expenses include costs associated with expert witnesses, consultants, investigators or witnesses who will testify on common issues, deposition costs for deposing Defendants and witnesses (i.e. the main defendants or the staff members of defendants), travel costs associated with common depositions and with attending hearings at which motions on common issues are heard, copying charges for copying or scanning documents that pertain to oo issues or clients, court reporter and deposition fees that pertain to common issues or RO Ss, as well as miscellaneous costs such as parking costs, certified mail, delivery char. d postage for motions and briefings which pertain to common issues or clients. Client “s cific costs” are costs that will likely be incurred that benefit only the one specific client and likely would not be incurred if that particular client did not exist. Examples of specifig. cost include physical examinations, costs associated with deposition of the particular Ko , costs associated with expert witness testimony that will only benefit the specific cliget) opy charges, postage for motions, letters, correspondence or other briefs which only benefit the specific client as well as travel costs to attend hearings, depositions or other legal wedtsadings which only benefit the specific client. Client understands and agrees that if Attorn dvance any court costs and other litigation expenses incident to the handling of Client’s s, including common expenses, Client will be responsible for reimbursing Attorne cout of any recovery made in client’s lawsuit. Common expense deductions will be sels follows: At the time of settlement or resolution of Clients case, Client will be responsible for its percentage of the common expenses which will be deducted from an P ge Mi recovery after the deduction of ee fees. The percentage will be calculated by taking the total nume of clients and dividing this number by the total amount of common expensé§;’As an example, if there are 100 clients and common expenses amount to $10,000.00, then each client would be required to pay $100.00 in common e es (100 clients / $10,000.00 = $100). As another example, if there are 3 do and the common expenses amount to $30,000.00, then each client would\be required to pay $200.00 in common expenses (150 clients / $30,000.00 78200). Client further agrees ht advanced by Attorneys to cover such necessary court costs and other litigation expensessincident to the preparation and prosecution of Client’s claims or causes of action will be r iF t0 Attorneys out of any sum collected in addition to any contingent fee set forth herein, Client agrees that any advancement of costs or expenses by Attorneys shall also constitute a lien on Client’s claims and any proceeds of any settlement or judgment. If there is no reéovery for Client, Client will not be responsible for any costs and/or expenses to develop the case. 6. WARRANTIES AND REPRESENTATIONS. Attorneys agree to use the firm’s best efforts in representing Client. Client understands that Attorneys make no warranties or representations regarding the successful outcome of Client’s claims or causes of action, the value thereof, or any expected recovery, and any expression relative thereto is a matter of Attorney's opinion only. Attorneys do not guarantee any timeframe within which Client’s claims or causes of action will be resolved. Client Initials: TY “ Page 3 of 6 7. CLIENT OBLIGATIONS. Client agrees to tell Attorneys the truth, to cooperate with and keep Attorneys informed of any developments relative to Client’s claims or causes of action, to faithfully comply with this agreement, and to keep Attorneys advised of any changes to Client’s address or telephone number. 8. FICTITIOUS, GROUNDLESS, OR BAD FAITH. Client understands that in the event a suit filed in Client’s behalf is found to be frivolous, fictitious, groundless, or brought in bad faith, Client may be liable for defendant's attorney's fees. AS 9. SANCTIONS. Client agrees that Client must timely comply with disso requests from opposing counsel. Client understands that Client’s failure to comply withsdiscovery requests could result in the court imposing sanctions in the form of a fine or other penal Client agrees that in the event sanctions are imposed, Client will be solely responsi or paying any and all sanctions, and Client further agrees that Attorneys will not be responsible or liable for any sanction award. &y 10. ‘LIABILITY FOR Court Costs. Client understands that ja the event a lawsuit is filed in Client’s behalf and such lawsuit is not ultimately resolved inClient’s favor, court costs could be assessed against Client. Client understands that such couthabsts will not be paid by Attorneys and agrees to pay such court costs should they be imps 11. IF NO RECOVERY. Client further underst that if Attorneys are unable to recover anything either by settlement or trial, Client sha Attorneys nothing as a fee and Client shall not be obligated to reimburse Attorneys for expenses advanced on Client’s behalf. 12. CONSENT TO ASSOCIATE. Clint ndesands and agrees to the association of Lance Kassab of The Kassab Law Firm, Dotg”’ Montague of the law firm Montague, Pittman & Varnado, P.A. and Tina Nicholson ofthe Baker Nicholson Law Firm to represent Client and other similarly situated Clients in its litigation and/or potential claims. Attorneys have agreed to split all attorney’s fees in the owing manner: Fifty percent (50%) tothe Kassab Law Firm: Forty percent Orgs ontague, Pittman & Varnado, P.A.: and Ten percent (0); e Baker Nicholson Law Firm. However, if The Baker Nicholson Law Firm assumes primary responsibility for litigation as lead counsel in Client’ sease, then the Attorney’s have agreed to split all attorney’s fees in the following manrier:,"" © Fifty percent (50%) to The Kassab Law Firm T y-Five percent (25%) to Montague, Pitman & Varnado, P.A.; and Twenty-Five percent (25%) to The Baker Nicholson Law Firm. The lawyers and law firms listed above have agreed to assume joint responsibility for the representation of Client. Client understands and agrees to the association of these law firms and the percentages of fees allocated to each law firm as stated above. The division of fees between the lawyers and law firms listed above will not increase or change the amount of attorneys’ fees charged to the Client as outlined in Paragraph 3 above. Client Initials: TIt4 Page 4 of 6 13. TERMINATION AND WITHDRAWAL. Client understands and agrees that Attorneys may terminate the attorney-Client relationship created by this agreement and withdraw from Client’s representation with or without Client’s consent for any reason Attorneys deem necessary. 14, CONTROVERSY AND DISPUTES. Any controversy arising out of or relating to Attorneys’ representation of Client or this contract or any modification or extension thereof, including any claim for breach of contract, tort, for damages, or foxirescission or reformation of this contract, or any other claim shall be settled by a cout of law with competent jurisdiction in Harris County, Texas without a jury. ) 15, CLIENT REQUESTS. Client understands that if requests by Clien not consistent with the standard of care required of Attorneys, the Texas Disciplinary Rul rofessional Conduct, the Texas Supreme Court’s Mandate of Professionalism, or co n courtesies expected between Attorneys and other lawyers or third parties, Attomeys(are entitled to refuse without breaching this agreement. S 16. DISCIPLINARY ISSUES. Client understands that oo alternative remedies against Defendant attorneys may exist. For that reason the em ent of Attorneys are not for the purpose of prosecuting other alternative remedies whee rime disciplinary, or other civil matters. However, Client is hereby specifically advised in accordance with the Disciplinary Rules of Texas that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not ope opin against or dispute with a lawyer involves professional misconduct, the State ‘s’ Office of General Counsel will provide you with information about how to file a complaint’ You may call the State Bar's General Counsel Office toll free at 1-800-932-1900 for m ormation. The complaint that may be filed by the State Bar's General Counsel’s office or epyou as part of a disciplinary proceeding is NOT the same thing as a legal malpractice case that may be prosecuted on your behalf by Attorneys. 17. CONTRACT sunvivanases This agreement and the powers and authority granted herein shall survive and not tertninlate upon Client’s death, mental incapacity, or legal disability. 18. SINGULAR AND Pua When the context requires, singular nouns and pronouns used herein include the plural‘ 19. SAVINGS AND) SEVERABILITY. If any provision of this agreement is held void and/or unenforceable, thenysuch provision will be modified to reflect the parties’ intention. All remaining provisions of this agreement shall remain in full force and effect. 20. Contry AGREEMENT. This document sets forth the complete agreement between Attorneys Client and may be modified only by a written instrument signed by both a legal representative of LANCE CHRISTOPHER KASSAB, P.C. and Client. It is agreed that there are no oral representations of any kind. 21. COMPLETE UNDERSTANDING. By signing below and initialing each page, Client acknowledges he has fully read this agreement, its terms, effects and consequences and that its terms, effects and consequences have been fully and completely explained to Client by Attorneys to Client’s full satisfaction. Client Initials: “7 f, “3 Page 5 of 6 PLEASE INITIAL EACH PAGE, PRINT NAME, SIGN AND DATE J. / DATED: “/ LE f -_, 2017. Wise ~ faerry CLIENT: (Printed Name) _