filing_id,date,doc_type,party,description,doc_type_detail,procedural_posture,chain,outcome,phase,filename,relief_requested,full_text
43,2022-11-14,OA,Kassab,8th Amended Answer (final),"Kassab Defendants' Eighth Amended Answer, Affirmative Defenses and Counterclaim (Final Pre-Trial Pleading)","Filed November 14, 2022 in Cause No. 2018-58419, 189th Judicial District, Harris County, Texas. This is Kassab's final amended answer asserting 23 affirmative defenses, responsible third-party designations (8 individuals), and a counterclaim for civil barratry based on assigned claims from 242 claimants. Filed approximately three weeks before the December 5, 2022 trial setting, after all four MSJs were denied on October 31, 2022.",PLEAD-1,N/A,Phase 3,2022-11-14_OA_Kassab-8th-Amended-Answer-CC_FILED.pdf,"That Pohl recover nothing on his claims; that Kassab recover on counterclaims including (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other appropriate relief","11/14/2022 3:25 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 70152760
By: Deandra Mosley
Filed: 11/14/2022 3:25 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIArL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AtND LANCE
CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAWi FIRM’S EIGHTH
AMENDED ANSWER, AFFIRMATIVE DEFENSES ANsD COUNTERCLAIM
TO THE HONORABLE JUDGE OF SAID COURT: 
COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher
Kassab, P.C. d/b/a The Kassab Law Firm and files this their Eighth Amended
Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the
Court as follows; a
f  I
RULE 47 STATEMENT
1. The Kassab Deffendants, in their capacity as Counter-Plaintiffs, seek
monetary relief of more than $1,000,000.00.
C II
l PARTIES
2. Plaiintiff, Michael A. Pohl is an individual lawyer residing in Colorado
and is a paroty herein.
3. Plaintiff, Law Offices of Michael A. Pohl is a law firm set up for the
practice of law in various states of the union, including Texas and is a party herein.
4. Defendant, Scott Favre is a nonresident individual residing in
Mississippi and is a party herein.
5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability
company located in Mississippi and is a party herein.
6. Defendant, Precision Marketing Group, LLC is a nonresident limited
liability company located in Mississippi and is a party herein. k
7. Defendant, F. Douglas Montague III is a nonresident iCndividual residing
in Mississippi.
8. Defendant, Montague, Pittman & Varnadoi, PA is a nonresident
professional association located in Mississippi.
9. Defendant, Tina Nicholson is an individual residing in Texas and is a
party herein.
10. Defendant, Baker Nicholson, lLLP, d/b/a Baker Nicholson Law Firm is a
limited liability partnership located inM Texas and is a party herein.
11. Defendant, Counter-Plaintiff, Lance Christopher Kassab is an
individual residing in Texas anid is a party herein.
12. Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The
Kassab Law Firm is ao professional corporation located in Texas and is a party herein.
l III
c i JURISDICTION AND VENUE
13. oThis matter is within the jurisdictional limits of this Court and
Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl
(“Pohl”) and Defendants, Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and
Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm (“Kassab, P.C.”)
(collectively “Kassab”) are subject to the Court’s jurisdiction. Venue is proper in this
county because one or more of the defendants are residents of this county and because
a substantial part of the acts and/or omissions that form the basis of this suit occurred
in this county.
IV k
GENERAL DENIAL e
14. Defendant, Counter-Plaintiff Kassab generally detnies all allegations
made by Plaintiffs, Counter-Defendants, Michael A. Pohl ansdt Law Offices of Michael
A. Pohl, and requests the Court to require Plaintiffs, Counter-Defendants, Michael
A. Pohl and Law Offices of Michael A. Pohl to carry their burden of proof regarding
all allegations against Kassab.
AFFIRMATIViE l DEFENSES
15. Defendant, Counter-Plaintiff Kassab pleads the following affirmative
defenses: 
1. Statute of limitationf is;
2. Justification; y 
3. Estoppel;
4. Waivera;
5. Ratiffication;
6.U Release;
7. Unclean hands;
8. Contribution;
9. Failure to mitigate;
10. Lack of standing;
11. Accord and Satisfaction;
12. Assumption of the Risk;
13. Illegality/Criminal Acts; k
14. First Amendment; C
15. Attorney Immunity;
16. Judicial Immunity; i
17. Immunity under Rule 17.09 of the Texas Rules of Disciplinary Procedure.
18. In Pari Delicto;
19. Res Judicata;
20. Defect of Parties; l
21. Abandonment; M
22. Subject of a Valid Contract; and
23. Preemption pursuanit to TEX. CIV. PRAC. & REM. CODE § 134A.007(a).
SPECIFIC DENIALS
16. Defendants, Counter-Plaintiffs specifically deny that all conditions
precedent regardiing Plaintiffs claims of conversion and theft of trade secrets have
been perforomed or occurred prior to Plaintiffs’ filing of suit against Kassab.
VII
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
17. LCK is a lawyer practicing law with The Kassab Law Firm, a law firm
in Houston, Texas focusing on plaintiffs’ legal malpractice cases. Kassab filed four
lawsuits on behalf of over four hundred clients against Pohl (the “Harris County
Lawsuits”). The main allegations against Pohl are civil barratry and conspiracy to
commit barratry, a third-degree felony in Texas. Pohl conspired with his wife,
Donalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”) and thrkee runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona ownCs a sham lending
company in Texas called Helping Hands Financing, LLC (“HH Texas”). Jaimes rans
the day-to-day operations of HH Texas. The three ruinners are Scott Walker
(“Walker”), Steve Seymour (“Seymour”) and Kirk Ladner (“Ladner”) (collectively
“Runners”). The three Runners owned and operated two other sham companies called
Helping Hands Group, LLC and Helping Hands Financial, LLC (collectively “HH
Mississippi”). The three runners also olwned Precision Marketing Group, LLC
(“Precision”) which they sold to ScMott Favre and/or his companies (collectively
“Favre”). The runners had several other business entities from which they operated
and concealed their illegal soliicitation conspiracy.
18. With regard to the clients obtained in the BP Litigation, Walker,
Seymour and Ladnero hired other runners to literally go up and down streets in
specific locations klnocking on doors to solicit clients on behalf of Pohl for lawsuits
against Britishi Petroleum. Walker, Seymore and Ladner, through Precision and on
behalf of Pohl, paid these runners as much as $300-$400 for every potential client
they obtained. Pohl paid Precision as much as $1,500 for every client Precision
obtained and referred to Pohl. Walker, Seymore and Ladner paid the other runners
from this amount and pocketed the balance. Pohl also offered and agreed to pay
Walker, Seymour and Ladner a percentage of his legal fees once cases settled. This
percentage was disguised as an hourly rate of $1,500.00 per hour, but the percentage
of the “settlement” payment was never below the agreed percentage. For example,
no matter how much “hourly” time was actually spent on a case, thek agreed upon
percentage was always achieved by simply dividing the percentagCe amount of Pohl’s
legal fees by $1,500.00 to calculate the imaginary number of hours, and then the
Runners would submit an invoice for those imaginary numbier of hours. Whether the
Runners actually spent five (5) or fifty (50) hours on a particular case was not the
measure of the “settlement” fees to be paid to the Runners, it was always the agreed
upon percentage of attorney’s fees earned by Pohl regardless of actual hours spent on
a case. l
19. With regard to auto accidMents, Pohl set up a “Google Alerts” to be notified
whenever there was a horrific rollover or other type of horrific vehicle crash across
the nation. Pohl would then imimediately send the alert to the Runners so they could
arrange to visit hospitals, homes and funerals to contact the families of the injured
in order to solicit theom as clients. The Runners would use their sham companies,
“Helping Hands” tlo act as though they were approaching these victims to genuinely
help them rathier than solicit them. The Runners would falsely tell these victims that
they were there to provide money for burial services, food, clothing, lodging, etc. In
reality however, the Runners’ contacted these families under these false pretenses
with the sole objective of talking advantage of these victims and their families while
they were emotionally distraught and not thinking straight in order to lock them into
contracts which allowed the runners to select a lawyer for the victim. The victims
and the family members were encouraged to hire Pohl and told they could not get the
money unless they agreed to hire Pohl. Pohl would pay the Runners as much as
$7,500 per client they signed up and Pohl also promised the runners ask much as 33%
of Pohl’s legal fees on the back end when the case settled. AdditCionally, HH Texas
would pay HH Mississippi $2,500 for every client referred to HH Texas to “loan”
money to these victims and their family. Pohl used this priocedure as an attempt to
put an additional buffer between him and the actual Runners.
20. Pohl also helped the Runners form another sham entity, the GM
Settlement Verification Team (“GM Team”) after General Motors, Inc. issued a recall
on cars due to faulty ignition switches whiclh effected the safe operation of the airbag
systems on vehicles. Thus, the GM MTeam was designed to look official as if it was
part of General Motors. This conspiracy was to form an official looking entity from
GM as if GM was wanting to ciompensate people who had been harmed when airbags
failed to deploy in relation to the ignition recall. In reality, this was just another
sham company used too solicit and trick potential clients into hiring Pohl. Again, Pohl
would pay Walkerl and Ladner, through their sham entity, the GM Team, a fee for
every potentiail client it referred to Pohl, in addition to a percentage of his attorney’s
fees on the back end.
21. Pohl knew what he was doing was illegal barratry. Accordingly, he
knowingly formed entities that he perceived would insulate him from liability. In
fact, Walker testified that although he and Pohl called it “marketing services” or
“marketing money” it was “clear to [him] it was barratry.” In fact, Walker considered
himself and his company “a pass-through for barratry money.” All total, Walker,
Ladner and Precision received over $5 million in “barratry pass-through money” from
Pohl and other lawyers to solicit potential clients with claims, both kauto-accident
victims and those involved in the BP Deepwater Horizon litigationC.
22. One of the runners hired by Pohl and Walker to illegally solicit clients
on behalf of Pohl was Magdalena Santana (“Santana”). Ini her September 24, 2016
affidavit, Santana testified that Pohl sent her on “dozens and dozens of car wreck
cases all over the country.” Pohl would email Santana the link of news coverage he
obtained through Google Alerts depicting an accident and asked her “to go to the
victim or the victim’s family and try to get lthem to sign up with him.” Santana swore
under oath that Pohl agreed to pay Mher “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even
if the family ... rejected [her]i.” Santana was instructed by Pohl to “approach the
victims and their families while they were vulnerable, in the emergency room, their
hospital rooms or at thoe funerals.” Pohl told Santana that minorities “were especially
vulnerable since tlhey tended not to know that the law prohibited barratry.”
According to Piohl, they “were easier to sign up.”
23. Pohl would give Santana “money to give to the victims or their families”
but would only give the money to the potential client “if they agreed to sign a Pohl
representation contract.” Pohl advised Santana that the money was a “foot in the
door” but instructed Santana not to mention anything about hiring a lawyer “until
after they agreed to take the money.” “If the client agreed to hire Pohl, then [Santana]
was to have the client sign a ‘Helping Hands’ contract.” Santana would then give
money to the client “from his own Helping Hands company.” When Santana
questioned this, Pohl told Santana that it “was illegal for him to pay [hekr] directly for
cases, and that’s why the money had to go through some company.C”
24. Pohl and/or his co-conspirators had Santana retract this affidavit
through a December 19, 2017 affidavit. This purported rietraction was likely the
result of Pohl paying Santana to retract the first affidavit, which is similar to
something Pohl had done in the past. In fact, Pohl’s own paralegal, Jaimes, testified
that on one occasion Pohl sent him to Florida with a suitcase containing $50,000 in
cash to give to Santana in exchange for lher agreement not to turn Pohl into the
authorities. Jaimes testified that SanMtana would only get the money if she signed a
statement agreeing not to mention Pohl’s illegal activity. Jaimes testified that
Santana signed the statementi and then he gave her the $50,000.
25. Santana’s deposition was even more detailed. Santana testified at her
deposition that the staotement was an agreement for her to keep quiet and not charge
Pohl with any wronlgdoing, criminal or unethical conduct. Santana testified that Pohl
paid her $50,0i00 in cash to sign this statement, which was delivered by Jaimes in
three bags marked “trick or treat.” Very symbolic given that Santana had been
tricked by Pohl into soliciting potential clients for him and was now being treated the
money she claimed was due under their agreement just to stay quiet. Santana
reiterated in her deposition that if she didn’t sign the gag agreement, she would not
have received the money from Pohl. Santana attempted to indicate on the agreement
that she was receiving $50,000 to keep quiet, but Jaimes told her Pohl demanded that
she state she only received nominal consideration, like $100. Santana did not write
the statement but “just signed it” because she felt she was being “forcked to sign” it
while “under duress.” C
26. Notably, nowhere in Santana’s December 19th affidavit does she state
the testimony in her former affidavit is untrue, only that shie does not “agree with” it
and that the affidavit is not “reliable.” Although Santana states in her December 19th
affidavit that her prior affidavit was drafted by a lawyer, Santana testified in her
deposition that the September 24th affidavit was created voluntarily with her own
“testimony.” Santana testified that, unlike lwith Pohl, she was not paid and had never
been promised any money to provideM the testimony in the September 24th affidavit.
Santana reiterated to counsel for Pohl, Billy Shepherd, that she was there for her
deposition to tell the truth andi would not be bullied by his questioning or his efforts
to confuse her.
27. Regardleoss, Santana’s sworn deposition testimony confirmed most, if
not all of the factsl set forth in her initial affidavit and this deposition testimony has
never been retiracted. Therefore, Santana confirmed that she was hired by Pohl to
solicit auto accident cases, the first one being an accident where a woman and her
unborn child lost their lives. Santana was instructed by Walker, who was instructed
by Pohl, to personally visit the mother of the deceased and sign her up to sue the tire
manufacturer and, if she succeeded, Pohl would pay her $5,000. Following Walker
10
and Pohl’s instructions, Santana visited the funeral of the deceased and got the family
to feel comfortable with her. Although the mother was grieving, Pohl told Santana:
“take no prisoners, this is a cut throat business, you get in there and you do whatever
it takes to get this client.” The solicitation was successful after Pohl gkave Santana
$2,000 to “give to the client to convince her into signing over with Cthe firm.”
28. “Coach” Kenneth Talley (“Talley”) was another runner hired by Pohl
and Walker who solicited over 20 auto accident cases for Pohil. Talley has sworn under
oath that he was first hired in relation to BP claims to find “folks that lost money due
to the oil spill” and “sign them up” and “get a fee for it.” Talley testified that he went
to work “knocking on doors” looking for potential claimants for Pohl and his partner
in the BP litigation. Talley solicited and siglned up more than 800 BP claims for Pohl
and his co-conspirators. Talley was pMaid between $75 and $350 for each BP client he
signed up for Pohl and his partners.
29. Talley eventuallyi switched to illegally soliciting auto accident victims
for Pohl, “calling on folks that had bad accidents.” Talley recalls that the first client
he solicited for Pohl woas in “the hospital in intensive care.” Talley carried with him
up to $1,000 to paly the accident victims to “help them with problems” but paid the
potential clienit only once they “were signed up.” Talley kept a list of all the auto
accident cases he solicited so he could keep track of the cases that he was due a
percentage from Pohl’s attorney’s fees on the back end after the case settled. Talley
also followed a checklist that instructed him to, among other things, bring flowers to
the initial hospital visit (but to spend no more than $50) and to offer the victims
11
money but to “make sure the funding schedule” from HH Texas “is filled out properly
before releasing any cash.” Talley would advise the victims that he had attorneys who
could help them such as Pohl. Talley was paid a fee of $1,400 plus his expenses by
Pohl, through Walker and/or one of his sham business entities for any kauto accident
case he solicited and referred to Pohl. On some cases, Talley was tCo receive a portion
of the fee paid to Helping Hands out of Pohl’s attorney’s fees. Talley discussed with
Pohl the “percentage of settlements” he was to receive from ithe cases he solicited and
referred, and Pohl told Talley that the money was being placed in an “escrow account”
for him. When asked whether Pohl knew he was getting paid to “contact vehicle
accident victims,” Talley responded, “the money was coming from Edgar [Jaimes] who
worked for him.” And, although his paylcheck was from Walker’s company, “the
funding came by way of Edgar [JaimeMs].”
30. Talley testified that personally soliciting clients for Pohl became so
frequent that he began carryinig blank contracts to each solicitation. Talley testified
that he never recommended any lawyers other than Pohl. However, Talley never told
the clients that he waos getting paid to solicit them. Talley would present a contract
to the potential clilent. If the client did not agree to hire Pohl, the clients would not
get the moneyi. Talley testified that Jaimes and Dona (the operators of HH Texas)
would send him the money.
31. Talley further testified that both he and Pohl knew what they were
doing was illegal. In one instance, Talley was “run out of town” while soliciting clients
for Pohl. Talley testified that during the attempted solicitation he was told by a
12
“lawyer or policeman” that “it was against the law what [he] was doing.” Talley
mentioned this to Pohl and Pohl told him “you’ve just got to leave...some people you
can’t help.”
32. Walker was eventually indicted and sent to prison. Beking afraid of
where Walker’s indictment might lead, Pohl and his lawyer partneCrs stopped paying
Walker and the other runners the illegal fees as Pohl had promised. Therefore,
Walker, Seymour, Ladner and Precision filed a lawsuit in Miississippi Federal Court
(“Federal Litigation”) against Pohl and his law partners claiming they were owed
millions of dollars in promised fees.
33. The above facts were compiled during the Federal Litigation.
Thereafter, more than four hundred clientsl who were illegally solicited contacted the
Kassab Law Firm and requested KassMab to represent them in litigation against Pohl
and his partners. Kassab filed lawsuits on behalf of these clients in four different
courts in Harris County. Addiitionally, due to the egregiousness of Pohl’s violation of
the Texas Penal Code and violations of the Texas Disciplinary Rules of Professional
Conduct, Kassab was orequired to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinlary Rules of Professional Conduct. Due to this mandate, Kassab
filed grievanceis against Pohl pursuant to Rule 8.03. some of Pohl’s clients also
prepared and filed grievances against Pohl arising out of his egregious conduct.
34. Because of these actions in representing clients against Pohl and the
grievances filed against Pohl, Pohl filed this retaliatory lawsuit against Kassab
alleging conversion and theft of trade secrets. Pohl alleges that Kassab and others
13
stole his property and used it to bring lawsuits and grievances against Pohl.
Specifically, Pohl alleges in his petition that, “Kassab is a lawyer who specializes in
suing other lawyers”1 and “Kassab solicited clients/prospective clients [of Pohl’s] to
act as Plaintiffs . . . to bring cases against Pohl for alleged barratry and okther claims.”2
Thus, Pohl has judicially admitted that he has brought his suit agaiCnst Kassab simply
because Kassab contacted illegally solicited clients to notify them of Pohl’s illegal
conduct and to offer to represent them in suits against Pohli.
35. The lawsuit is frivolous and without merit as it is based upon false
pretenses and was brought solely for retaliation and harassment purposes.
Specifically, Kassab did not steal anything from Pohl. Additionally, Kassab did not
purchase any stolen documents belonging tlo Pohl. Nor did Kassab purchase anything
belonging to Pohl. Moreover, Pohl isM not the owner of documents received, if any,
from Precision, Favre, Nicholson, Montague or anyone else. Lastly, none of the
documents and/or informatioin that Kassab may have received from various
individuals or entities are Pohl’s trade secrets as Pohl alleges. Furthermore, Pohl
has failed to complyo with conditions precedent to filing his retaliatory suit for
conversion and thleft of trade secrets. Specifically, Pohl has never requested from
Kassab, the reiturn of his alleged property. Rather, Pohl abandoned all of the alleged
documents he now accuses Kassab of stealing and/or purchasing. Pohl abandoned all
of the documents he alleges were stolen and/or purchased because he knew that the
documents were not his and that he had no ownership interest in the documents. If
1 Pohl Original Petition, p. 6
2 Id. at p. 6-7
14
Pohl actually believed the subject documents were his, he would have safeguarded
the documents rather than abandon them with a convicted felon (Walker) and his
cohorts (Seymore and Ladner). Even as of today, the subject documents sit in a
warehouse, unattended and not safeguarded. k
VIII C
RESPONSIBLE THIRD PARTIES
36. A responsible third party is “any person who isst alleged to have caused
or contributed to causing in any way the harm for which recovery of damages is
sought, whether by negligent act or omission, by any defective or unreasonably
dangerous product, by other conduct or activity that violates an applicable legal
standard, or by any combination of these.” Id. at § 33.011(6). Pohl claims that his
harm is the allegedly “unlawful takinag” or “use” of Pohl’s purported trade secret
information.3 Kassab denies Pohl’sf allegations. But even assuming they are true,
Kassab’s designation satisfies the minimal notice pleading standard to demonstrate
that the Designated PartieOs caused or contributed to causing “in any way” the loss of
or eventual alleged mipsuse of purported trade secret information. See In re CVR
Energy, Inc., 500 S.W.3d 67, 80 (Tex. App.—Houston [1st Dist.] 2016, no pet.) (“The
standard for dceisignating a potentially responsible third party is notice pleading
under the Toexas Rules of Civil Procedure.”).
37. Kassab alleges that Walker, Ladner and Seymour are responsible for
the harm alleged to the extent they misappropriated Pohl’s trade secrets in the first
3 Pohl RTP Objection, at 2.
15
instance and sold them to Scott Favre, who Pohl alleges then sold them to Kassab to
pursue the barratry litigation. In fact, Pohl himself, swore under oath that Walker,
Lander and Seymour, who Pohl identified collectively as the “PR Consultants,”
attempted to sell his “accumulated work product to third parties”4 and k“undertook to
convert, misappropriate for themselves and/or market to third parCties claimant files
and other information and materials that belong to me.”5 Pohl testified that the
purported information stolen by Walker, Ladner and iSeymour is the same
information that Pohl claims is his trade secrets here: “original client contingency fee
contracts between [Pohl’s] clients and [Pohl], documentation of contact and personal
information, claim information and supporting materials.”6 Pohl testified that this
purportedly trade secret information wals delivered or sold Walker, Ladner and
Seymour “without his consent” to FavMre.7 Pohl alleges in this lawsuit that Favre then
sold that same information to Kassab to pursue barratry claims against Pohl.8 If any
loss or eventual misuse of Piohl’s purported trade secret information did occur,
Walker, Ladner and Seymour clearly caused or contributed to causing it, as had
Walker, Ladner and oSeymour not stolen Pohl’s alleged trade secrets as he alleges,
they could not havle sold the alleged trade secrets to Favre and thus, Favre could not
have given thei alleged trade secrets to Kassab.
4 Exhibit 1, Pohl June 19, 2018 Affidavit, at ¶ 18.
5 Exhibit 1, Pohl June 19, 2018 Affidavit, at ¶ 28.
6 Exhibit 1, Pohl June 19, 2018 Affidavit, at ¶ 28.
7 Exhibit 1, Pohl June 19, 2018 Affidavit, at ¶¶ 28-29.
8 Pohl’s First Amended Petition, at ¶ 24.
16
38. Walker testified under oath that he, Seymour and Ladner, through
Precision, owned all the assets/property, including computers and documents that
were transferred to Favre. Walker also testified that he had the legal right and
authority, through Precision, to sell and transfer all the subject assetks/property to
Favre. Moreover, Walker, Seymour and Ladner certified that theCy owned all of the
subject property/assets and had authority to transfer all of the subject property/assets
to Favre. If Walker, Seymour and Ladner did not have thei legal right to transfer all
of the subject assets/property to Favre, then they caused or contributed to causing
any alleged harm for which recovery of damages is sought by Pohl by selling the
alleged trade secrets to Favre.
39. Kassab also sufficiently allegled how Pohl’s counsel in the Mississippi
litigation, Shepherd, caused or contribMuted to causing the purported loss or misuse of
Pohl’s allegedly confidential information. Specifically, Shepherd negotiated a
settlement in the litigation wiith Walker, Ladner and Seymour but failed to protect
Pohl by ensuring that all subject property was gathered from all third parties and
returned to Pohl or deostroyed as part of the any settlement agreement, if in fact Pohl
owned and/or desirled to safeguard the subject property.
40. Sihepherd knew that Walker, Seymour and Ladner had sold Precision to
Favre and knew that Walker, Seymour and Ladner had legally transferred
Precision’s assets, including the subject matter of Pohl’s conversion and theft of trade
secrets claims, to Favre. Shepherd further knew that Favre and/or his counsel had
given documents to third parties, including Kassab and others prior to negotiating a
17
settlement in the Mississippi Litigation. Thus, Shepherd failed to protect Pohl’s
alleged trade secrets by failing to include a provision in the settlement agreement
forcing all parties to gather the alleged trade secrets from outside third parties like
Kassab so they could be returned to Pohl, if in fact he owns them as aklleged. This
failure by Shepherd caused and/or contributed to causing the harmC for which recovery
of damages is sought by Pohl.
40. Shepherd’s malfeasance was either negligient or intentional. If
Shepherd knew that the subject assets/property were a point of contention in the
Mississippi Litigation and knew that the assets/property could be used by outside
third parties to garner clients to sue Pohl, as Pohl alleges, Shepherd may have
intentionally failed to protect Pohl’s interelst so that he could secure future lucrative
employment for himself and his law fiMrm for years to come by continuing to represent
Pohl in litigation to be brought against Pohl after the subject property was used to
garner clients to sue Pohl as Piohl alleges. Thus, Shepherd is a person who caused or
contributed to causing the harm for which recovery of damages is sought by Pohl.
41. Finally, oKassab sufficiently alleged how Dona Pohl, Jaimes, Tally and
Santana caused olr contributed to causing the purported loss or misuse of Pohl’s
alleged trade siecret information. Specifically, Kassab alleges that these persons failed
to keep Pohl’s information confidential because they routinely placed Pohl’s alleged
trade secrets and documents in the public domain, circulating Precision’s marketing
lists and other documents allegedly belonging to Pohl to numerous third parties
rather than safeguard these documents and lists.
18
42. Additionally, if Walker, Seymour, Ladner, Dona, Jaimes, Talley or
Santana had an agreement and/or duty to safeguard any property allegedly owned
by Pohl as Pohl alleges, they are responsible for failing to safeguard the property.
Additionally, Walker, Seymour, Ladner, Dona, Jaimes, Talley and Santkana routinely
placed Pohl’s alleged trade secrets and documents in the public dComain, circulating
Precision’s marketing lists and other documents allegedly belonging to Pohl to
numerous third parties rather than safeguard these documients and lists.
43. “Under the notice-pleading standard, fair notice is achieved if the
opposing party can ascertain from the pleading the nature and basic issues of the
controversy, and what type of evidence might be relevant.” In re CVR Energy, Inc.,
500 S.W.3d at 80. “A trial court may not revliew the truth of the allegations or consider
the strength of the defendant's evidenMce.” Id. Kassab satisfies this “low threshold” by
alleging that the Designated Parties caused or contributed to causing the alleged
theft or misuse of Pohl’s puriported trade secret information. See id. Therefore,
Shepherd, Walker, Seymour, Ladner, Dona, Jaimes, Talley, Santana are persons who
caused or contributedo to causing any alleged harm for which recovery of damages is
sought by Pohl. Thleir conduct caused or contributed to causing in part (if not entirely)
the harm for wihich recovery of damages is sought by Pohl, and that conduct violated
an applicable legal standard and/or constitutes negligence. See TEX. CIV. PRAC. &
REM. CODE § 33.011(6). Thus, the jury should be permitted to consider apportioning
fault in this case to Shepherd, Walker, Seymour, Ladner, Dona, Jaimes, Talley,
19
Santana. Their designation as responsible third parties is factually justified and
legally appropriate.9
COUNTERCLAIM FOR CIVIL BARRATRY
44. Within the lawsuits that Kassab has filed against PoChll on behalf of his
former clients and/or potential clients, Pohl has judicially admcitted that a claim for
barratry is not a legal malpractice case. Pohl has also admitted that a because a
claim for barratry is not a claim for “legal malpractice,s” the Discovery Rule does not
apply to a barratry claim. Therefore, based upogn Pohl’s judicial admissions, the
assignment of a barratry claim is permitted unBder Texas law.
45. Thus, based upon express assignments of interest given to Kassab,
Kassab brings counterclaims againstM Pohl and his law firm pursuant to Texas Civil
Practice and Remedies Code, Sectioon 16.069. Section 16.069 provides:
(a) If a counterclaim or ccross claim arises out of the same transaction or
occurrence that is fthe basis of an action, a party to the action may
file the counterclaim or cross claim even though as a separate action
it would be baryred by limitations on the date the party’s answer is
required.
(b) The counterclaim or cross claim must be filed not later than the 30th
day after the date on which the party’s answer is required.
9 It is also onf no concern here that the Court might be unable to exert personal jurisdiction over
either WaUlker, Seymour, Ladner, Talley, Dona, Jaimes or Santana. In its 2003 revision of Chapter
33, the Legislature abolished the predecessor law, which had defined responsible third parties to be
only those over whom the court could exercise jurisdiction, thus allowing the designation of those
“who are not subject to the court’s jurisdiction or who are immune from liability to the claimant.”
See, e.g., In re Unitec Elevator Serv. Co., 178 S.W.3d 53, 58 & n. 5 (Tex. App.-- Houston [1st Dist.]
2005, orig. proceeding); accord Hix-Hernandez v. Ford Motor Co., No. 1:20-cv-29-RP, 2021 WL
7632564, at *1 (W.D. Tex. May 6, 2021) (“A defendant may designate a responsible third party
despite the fact that the party has a defense to liability, cannot be joined as a defendant, or both.
Even parties who are outside the court’s jurisdiction or are immune from liability may be designated
responsible third parties.”) (internal citations omitted).
20
Kassab has been assigned barratry claims on behalf of 242 claimants. These
counterclaims are timely because they were filed within 30 days of the date
Kassab filed his original answer.
X k
CLAIM FOR ATTORNEY’S FEES e
46. Defendants contend that all or some of Plaintiffs’ claims for
misappropriate under TUTSA were made in bad faith, enablitng Defendants to
recover their reasonable attorney’s fees. See TEX. CIV. P RAC. & REM. CODE §
134A.005. e
XI u
PRAYER FOR RELIEF
Wherefore, Defendants, Counter-Pllaintiffs respectfully pray that Plaintiffs
recover nothing on their claims and that the Defendants, Counter-Plaintiffs recover
on their claims against the Plaintiffs and/or any Third-Party Defendants as follows:
i) actual and conseqiuential damages;
ii) statutory damages;
iii) pre- and ppost-judgment interest;
iv) attorneys’ fees and costs; and
v) all other relief to which the Defendants, Counter-Plaintiffs may be justly
entitled.
21
Respectfully submitted,
THE KASSAB LAW FIRM
/ s / Lance Christopher Kassab
LANCE CHRISTOPHER KASS k AB
Texas State Bar No. 00e794070
lance@kassab.law C
DAVID ERIC KASSABt 
Texas State Bar No. 24071351
david@kassab.latw
1214 Elgin Stireet
Houston, Texas 77004
Telephone: 713.522.7400
Facsimeile: 713.522.7410
ATTOR u NEYS FOR LANCE CHRISTOPHER
KASSAB AND THE KASSAB LAW FIRM
lFOGLER, BRAR, O’NEIL AND GRAY, LLP
M /s/ Murray Fogler
 Murray Fogler
State Bar No. 07207300
e mfogler@foglerbrar.com
i 909 Fannin, Suite 1640
f Houston, Texas 77010
Telephone: 713-481-1010
Facsimile: 713-574-3224
ATTORNEY FOR LANCE
a l CHRISTOPHER KASSAB AND THE
c i KASSAB LAW FIRM REGARDING
i PLAINTIFFS’ AFFIRMATIVE CLAIMS
22
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
instrument has been forwarded to all parties pursuant to the Texas Rules of Civil
Procedure on this the 14th day of November 2022.
/ s / Lance Christopher Kassab
Lance Christopher KCassab
23
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David Kassab
Bar No. 24071351
david@kassab.law r
Envelope ID: 70152760
Status as of 11/14/2022 3:36 PM CST
Case Contacts r i
Name BarNumber Email TimestampSubmitted Status
Solace Southwick ssouthwick@reynoldssfrizzell.com 11/14/2022 3:25:53 PM SENT
Jean C.Frizzell jfrizzell@reynoldgsfrizzell.com 11/14/2022 3:25:53 PM SENT
Harris Wells hwells@reynouldsfrizzell.com 11/14/2022 3:25:53 PM SENT
Todd Taylor ttaylor@jandflaw.com 11/14/2022 3:25:53 PM SENT
Scott M.Favre scott@yfavrepa.com 11/14/2022 3:25:53 PM SENT
Lawyer Wade lawayerwade@hotmail.com 11/14/2022 3:25:53 PM SENT
Andrea Mendez andrea@kassab.law 11/14/2022 3:25:53 PM SENT
Lance Kassab olance@kassab.law 11/14/2022 3:25:53 PM SENT
David Kassab david@kassab.law 11/14/2022 3:25:53 PM SENT
Jason M.Ciofalo f jason@ciofalolaw.com 11/14/2022 3:25:53 PM SENT
Chris C.Pappas cpappas@krcl.com 11/14/2022 3:25:53 PM SENT
Todd Taylor p ttaylor@jandflaw.com 11/14/2022 3:25:53 PM SENT
Misty Davis C mdavis@reynoldsfrizzell.com 11/14/2022 3:25:53 PM SENT
Nicholas Pierce a l nicholas@kassab.law 11/14/2022 3:25:53 PM SENT
Murray JFogler mfogler@foglerbrar.com 11/14/2022 3:25:53 PM SENT
Murray Fogler o mfogler@fbfog.com 11/14/2022 3:25:53 PM SENT
Andrew JohnsUon ajohnson@thompsoncoe.com 11/14/2022 3:25:53 PM SENT
Vilma Yanes vyanes@thompsoncoe.com 11/14/2022 3:25:53 PM SENT
Benjamin Ritz britz@thompsoncoe.com 11/14/2022 3:25:53 PM SENT
Zandra EFoley zfoley@thompsoncoe.com 11/14/2022 3:25:53 PM SENT
Dale Jefferson 10607900 jefferson@mdjwlaw.com 11/14/2022 3:25:53 PM SENT
Raul Herman Suazo 24003021 suazo@mdjwlaw.com 11/14/2022 3:25:53 PM SENT
Kevin Graham Cain 24012371 cain@mdjwlaw.com 11/14/2022 3:25:53 PM SENT
D Kassab david@kassab.law 11/14/2022 3:25:53 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David Kassab
Bar No. 24071351
david@kassab.law r
Envelope ID: 70152760
Status as of 11/14/2022 3:36 PM CST
Case Contacts r i
Murray J. Fogler 7207300 mfogler@foglerbrar.com 11/14/2022 3:25:53 PM SENT
L Kassab lance@kassab.law s 11/14/2022 3:25:53 PM SENT
Murray J. Fogler 7207300 mfogler@foglerbgrar.com 11/14/2022 3:25:53 PM SENT
Non-Party Witness Billy Shepherd bshepherd@supcounsel.com 11/14/2022 3:25:53 PM SENT"
31,2022-08-29,OA,Kassab,7th Amended Answer,"Kassab's Seventh Amended Answer, Affirmative Defenses, and Counterclaim — adds Judicial Immunity (#16) and Immunity under Rule 17.09 (#17) as new affirmative defenses, expands Illegality to include 'Unlawful Acts Rule' (#13), bringing total to 23 defenses. Filed same day as Traditional MSJ.","Phase 3 amended pleading superseding the Sixth Amended Answer, filed the same day as the Traditional Motion for Summary Judgment (Filing #30). Expands affirmative defenses from 21 to 23, adding Judicial Immunity (#16), Rule 17.09 disciplinary immunity (#17), and expanding #13 to include the Unlawful Acts Rule. This becomes the live answer going into the MSJ hearing.",PLEAD-1,N/A,Phase 3,2022-08-29_OA_Kassab-7th-Amended-Answer-CC_FILED.pdf,"That Pohl recover nothing; that Kassab recover (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other just relief","8/29/2022 4:43 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 67770941
By: Ashley Lopez
Filed: 8/29/2022 4:43 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIArL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AtND LANCE
CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAWi FIRM’S SEVENTH
AMENDED ANSWER, AFFIRMATIVE DEFENSES ANsD COUNTERCLAIM
TO THE HONORABLE JUDGE OF SAID COURT: 
COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher
Kassab, P.C. d/b/a The Kassab Law Firm and files this their Seventh Amended
Answer, Affirmative Defenses, and Counterclaim, and would respectfully show the
Court as follows; a
f  I
RULE 47 STATEMENT
1. The Kassab Deffendants, in their capacity as Counter-Plaintiffs, seek
monetary relief of more than $1,000,000.00.
C II
l PARTIES
2. Plaiintiff, Michael A. Pohl is an individual lawyer residing in Colorado
and is a paroty herein.
3. Plaintiff, Law Offices of Michael A. Pohl is a law firm set up for the
practice of law in various states of the union, including Texas and is a party herein.
4. Defendant, Scott Favre is a nonresident individual residing in
Mississippi and is a party herein.
5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability
company located in Mississippi and is a party herein.
6. Defendant, Precision Marketing Group, LLC is a nonresident limited
liability company located in Mississippi and is a party herein. k
7. Defendant, F. Douglas Montague III is a nonresident iCndividual residing
in Mississippi.
8. Defendant, Montague, Pittman & Varnadoi, PA is a nonresident
professional association located in Mississippi.
9. Defendant, Tina Nicholson is an individual residing in Texas and is a
party herein.
10. Defendant, Baker Nicholson, lLLP, d/b/a Baker Nicholson Law Firm is a
limited liability partnership located inM Texas and is a party herein.
11. Defendant, Counter-Plaintiff, Lance Christopher Kassab is an
individual residing in Texas anid is a party herein.
12. Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The
Kassab Law Firm is ao professional corporation located in Texas and is a party herein.
l III
c i JURISDICTION AND VENUE
13. oThis matter is within the jurisdictional limits of this Court and
Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl
(“Pohl”) and Defendants, Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and
Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm (“Kassab, P.C.”)
(collectively “Kassab”) are subject to the Court’s jurisdiction. Venue is proper in this
county because one or more of the defendants are residents of this county and because
a substantial part of the acts and/or omissions that form the basis of this suit occurred
in this county.
IV k
GENERAL DENIAL e
14. Defendant, Counter-Plaintiff Kassab generally detnies all allegations
made by Plaintiffs, Counter-Defendants, Michael A. Pohl ansdt Law Offices of Michael
A. Pohl, and requests the Court to require Plaintiffs, Counter-Defendants, Michael
A. Pohl and Law Offices of Michael A. Pohl to carry their burden of proof regarding
all allegations against Kassab.
AFFIRMATIViE l DEFENSES
15. Defendant, Counter-Plaintiff Kassab pleads the following affirmative
defenses: 
1. Statute of limitationf is;
2. Justification; y 
3. Estoppel;
4. Waivera;
5. Ratiffication;
6.U Release;
7. Unclean hands;
8. Contribution;
9. Failure to mitigate;
10. Lack of standing;
11. Accord and Satisfaction;
12. Assumption of the Risk;
13. Illegality/Criminal Acts/Unlawful Acts Rule; k
14. First Amendment; C
15. Attorney Immunity;
16. Judicial Immunity; i
17. Immunity under Rule 17.09 of the Texas Rules of Disciplinary Procedure.
18. In Pari Delicto;
19. Res Judicata;
20. Defect of Parties; l
21. Abandonment; M
22. Subject of a Valid Contract; and
23. Preemption pursuanit to TEX. CIV. PRAC. & REM. CODE § 134A.007(a).
SPECIFIC DENIALS
16. Defendants, Counter-Plaintiffs specifically deny that all conditions
precedent regardiing Plaintiffs claims of conversion and theft of trade secrets have
been perforomed or occurred prior to Plaintiffs’ filing of suit against Kassab.
VII
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
17. LCK is a lawyer practicing law with The Kassab Law Firm, a law firm
in Houston, Texas focusing on plaintiffs’ legal malpractice cases. Kassab filed four
lawsuits on behalf of over four hundred clients against Pohl (the “Harris County
Lawsuits”). The main allegations against Pohl are civil barratry and conspiracy to
commit barratry, a third-degree felony in Texas. Pohl conspired with his wife,
Donalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”) and thrkee runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona ownCs a sham lending
company in Texas called Helping Hands Financing, LLC (“HH Texas”). Jaimes rans
the day-to-day operations of HH Texas. The three ruinners are Scott Walker
(“Walker”), Steve Seymour (“Seymour”) and Kirk Ladner (“Ladner”) (collectively
“Runners”). The three Runners owned and operated two other sham companies called
Helping Hands Group, LLC and Helping Hands Financial, LLC (collectively “HH
Mississippi”). The three runners also olwned Precision Marketing Group, LLC
(“Precision”) which they sold to ScMott Favre and/or his companies (collectively
“Favre”). The runners had several other business entities from which they operated
and concealed their illegal soliicitation conspiracy.
18. With regard to the clients obtained in the BP Litigation, Walker,
Seymour and Ladnero hired other runners to literally go up and down streets in
specific locations klnocking on doors to solicit clients on behalf of Pohl for lawsuits
against Britishi Petroleum. Walker, Seymore and Ladner, through Precision and on
behalf of Pohl, paid these runners as much as $300-$400 for every potential client
they obtained. Pohl paid Precision as much as $1,500 for every client Precision
obtained and referred to Pohl. Walker, Seymore and Ladner paid the other runners
from this amount and pocketed the balance. Pohl also offered and agreed to pay
Walker, Seymour and Ladner a percentage of his legal fees once cases settled. This
percentage was disguised as an hourly rate of $1,500.00 per hour, but the percentage
of the “settlement” payment was never below the agreed percentage. For example,
no matter how much “hourly” time was actually spent on a case, thek agreed upon
percentage was always achieved by simply dividing the percentagCe amount of Pohl’s
legal fees by $1,500.00 to calculate the imaginary number of hours, and then the
Runners would submit an invoice for those imaginary numbier of hours. Whether the
Runners actually spent five (5) or fifty (50) hours on a particular case was not the
measure of the “settlement” fees to be paid to the Runners, it was always the agreed
upon percentage of attorney’s fees earned by Pohl regardless of actual hours spent on
a case. l
19. With regard to auto accidMents, Pohl set up a “Google Alerts” to be notified
whenever there was a horrific rollover or other type of horrific vehicle crash across
the nation. Pohl would then imimediately send the alert to the Runners so they could
arrange to visit hospitals, homes and funerals to contact the families of the injured
in order to solicit theom as clients. The Runners would use their sham companies,
“Helping Hands” tlo act as though they were approaching these victims to genuinely
help them rathier than solicit them. The Runners would falsely tell these victims that
they were there to provide money for burial services, food, clothing, lodging, etc. In
reality however, the Runners’ contacted these families under these false pretenses
with the sole objective of talking advantage of these victims and their families while
they were emotionally distraught and not thinking straight in order to lock them into
contracts which allowed the runners to select a lawyer for the victim. The victims
and the family members were encouraged to hire Pohl and told they could not get the
money unless they agreed to hire Pohl. Pohl would pay the Runners as much as
$7,500 per client they signed up and Pohl also promised the runners ask much as 33%
of Pohl’s legal fees on the back end when the case settled. AdditCionally, HH Texas
would pay HH Mississippi $2,500 for every client referred to HH Texas to “loan”
money to these victims and their family. Pohl used this priocedure as an attempt to
put an additional buffer between him and the actual Runners.
20. Pohl also helped the Runners form another sham entity, the GM
Settlement Verification Team (“GM Team”) after General Motors, Inc. issued a recall
on cars due to faulty ignition switches whiclh effected the safe operation of the airbag
systems on vehicles. Thus, the GM MTeam was designed to look official as if it was
part of General Motors. This conspiracy was to form an official looking entity from
GM as if GM was wanting to ciompensate people who had been harmed when airbags
failed to deploy in relation to the ignition recall. In reality, this was just another
sham company used too solicit and trick potential clients into hiring Pohl. Again, Pohl
would pay Walkerl and Ladner, through their sham entity, the GM Team, a fee for
every potentiail client it referred to Pohl, in addition to a percentage of his attorney’s
fees on the back end.
21. Pohl knew what he was doing was illegal barratry. Accordingly, he
knowingly formed entities that he perceived would insulate him from liability. In
fact, Walker testified that although he and Pohl called it “marketing services” or
“marketing money” it was “clear to [him] it was barratry.” In fact, Walker considered
himself and his company “a pass-through for barratry money.” All total, Walker,
Ladner and Precision received over $5 million in “barratry pass-through money” from
Pohl and other lawyers to solicit potential clients with claims, both kauto-accident
victims and those involved in the BP Deepwater Horizon litigationC.
22. One of the runners hired by Pohl and Walker to illegally solicit clients
on behalf of Pohl was Magdalena Santana (“Santana”). Ini her September 24, 2016
affidavit, Santana testified that Pohl sent her on “dozens and dozens of car wreck
cases all over the country.” Pohl would email Santana the link of news coverage he
obtained through Google Alerts depicting an accident and asked her “to go to the
victim or the victim’s family and try to get lthem to sign up with him.” Santana swore
under oath that Pohl agreed to pay Mher “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even
if the family ... rejected [her]i.” Santana was instructed by Pohl to “approach the
victims and their families while they were vulnerable, in the emergency room, their
hospital rooms or at thoe funerals.” Pohl told Santana that minorities “were especially
vulnerable since tlhey tended not to know that the law prohibited barratry.”
According to Piohl, they “were easier to sign up.”
23. Pohl would give Santana “money to give to the victims or their families”
but would only give the money to the potential client “if they agreed to sign a Pohl
representation contract.” Pohl advised Santana that the money was a “foot in the
door” but instructed Santana not to mention anything about hiring a lawyer “until
after they agreed to take the money.” “If the client agreed to hire Pohl, then [Santana]
was to have the client sign a ‘Helping Hands’ contract.” Santana would then give
money to the client “from his own Helping Hands company.” When Santana
questioned this, Pohl told Santana that it “was illegal for him to pay [hekr] directly for
cases, and that’s why the money had to go through some companyC.”
24. Pohl and/or his co-conspirators had Santana retract this affidavit
through a December 19, 2017 affidavit. This purported rietraction was likely the
result of Pohl paying Santana to retract the first affidavit, which is similar to
something Pohl had done in the past. In fact, Pohl’s own paralegal, Jaimes, testified
that on one occasion Pohl sent him to Florida with a suitcase containing $50,000 in
cash to give to Santana in exchange for lher agreement not to turn Pohl into the
authorities. Jaimes testified that SanMtana would only get the money if she signed a
statement agreeing not to mention Pohl’s illegal activity. Jaimes testified that
Santana signed the statementi and then he gave her the $50,000.
25. Santana’s deposition was even more detailed. Santana testified at her
deposition that the staotement was an agreement for her to keep quiet and not charge
Pohl with any wronlgdoing, criminal or unethical conduct. Santana testified that Pohl
paid her $50,0i00 in cash to sign this statement, which was delivered by Jaimes in
three bags marked “trick or treat.” Very symbolic given that Santana had been
tricked by Pohl into soliciting potential clients for him and was now being treated the
money she claimed was due under their agreement just to stay quiet. Santana
reiterated in her deposition that if she didn’t sign the gag agreement, she would not
have received the money from Pohl. Santana attempted to indicate on the agreement
that she was receiving $50,000 to keep quiet, but Jaimes told her Pohl demanded that
she state she only received nominal consideration, like $100. Santana did not write
the statement but “just signed it” because she felt she was being “forcked to sign” it
while “under duress.” C
26. Notably, nowhere in Santana’s December 19th affidavit does she state
the testimony in her former affidavit is untrue, only that shie does not “agree with” it
and that the affidavit is not “reliable.” Although Santana states in her December 19th
affidavit that her prior affidavit was drafted by a lawyer, Santana testified in her
deposition that the September 24th affidavit was created voluntarily with her own
“testimony.” Santana testified that, unlike lwith Pohl, she was not paid and had never
been promised any money to provideM the testimony in the September 24th affidavit.
Santana reiterated to counsel for Pohl, Billy Shepherd, that she was there for her
deposition to tell the truth andi would not be bullied by his questioning or his efforts
to confuse her.
27. Regardleoss, Santana’s sworn deposition testimony confirmed most, if
not all of the factsl set forth in her initial affidavit and this deposition testimony has
never been retiracted. Therefore, Santana confirmed that she was hired by Pohl to
solicit auto accident cases, the first one being an accident where a woman and her
unborn child lost their lives. Santana was instructed by Walker, who was instructed
by Pohl, to personally visit the mother of the deceased and sign her up to sue the tire
manufacturer and, if she succeeded, Pohl would pay her $5,000. Following Walker
10
and Pohl’s instructions, Santana visited the funeral of the deceased and got the family
to feel comfortable with her. Although the mother was grieving, Pohl told Santana:
“take no prisoners, this is a cut throat business, you get in there and you do whatever
it takes to get this client.” The solicitation was successful after Pohl gkave Santana
$2,000 to “give to the client to convince her into signing over with Cthe firm.”
28. “Coach” Kenneth Talley (“Talley”) was another runner hired by Pohl
and Walker who solicited over 20 auto accident cases for Pohil. Talley has sworn under
oath that he was first hired in relation to BP claims to find “folks that lost money due
to the oil spill” and “sign them up” and “get a fee for it.” Talley testified that he went
to work “knocking on doors” looking for potential claimants for Pohl and his partner
in the BP litigation. Talley solicited and siglned up more than 800 BP claims for Pohl
and his co-conspirators. Talley was pMaid between $75 and $350 for each BP client he
signed up for Pohl and his partners.
29. Talley eventuallyi switched to illegally soliciting auto accident victims
for Pohl, “calling on folks that had bad accidents.” Talley recalls that the first client
he solicited for Pohl woas in “the hospital in intensive care.” Talley carried with him
up to $1,000 to paly the accident victims to “help them with problems” but paid the
potential clienit only once they “were signed up.” Talley kept a list of all the auto
accident cases he solicited so he could keep track of the cases that he was due a
percentage from Pohl’s attorney’s fees on the back end after the case settled. Talley
also followed a checklist that instructed him to, among other things, bring flowers to
the initial hospital visit (but to spend no more than $50) and to offer the victims
11
money but to “make sure the funding schedule” from HH Texas “is filled out properly
before releasing any cash.” Talley would advise the victims that he had attorneys who
could help them such as Pohl. Talley was paid a fee of $1,400 plus his expenses by
Pohl, through Walker and/or one of his sham business entities for any kauto accident
case he solicited and referred to Pohl. On some cases, Talley was tCo receive a portion
of the fee paid to Helping Hands out of Pohl’s attorney’s fees. Talley discussed with
Pohl the “percentage of settlements” he was to receive from ithe cases he solicited and
referred, and Pohl told Talley that the money was being placed in an “escrow account”
for him. When asked whether Pohl knew he was getting paid to “contact vehicle
accident victims,” Talley responded, “the money was coming from Edgar [Jaimes] who
worked for him.” And, although his paylcheck was from Walker’s company, “the
funding came by way of Edgar [JaimeMs].”
30. Talley testified that personally soliciting clients for Pohl became so
frequent that he began carryinig blank contracts to each solicitation. Talley testified
that he never recommended any lawyers other than Pohl. However, Talley never told
the clients that he waos getting paid to solicit them. Talley would present a contract
to the potential clilent. If the client did not agree to hire Pohl, the clients would not
get the moneyi. Talley testified that Jaimes and Dona (the operators of HH Texas)
would send him the money.
31. Talley further testified that both he and Pohl knew what they were
doing was illegal. In one instance, Talley was “run out of town” while soliciting clients
for Pohl. Talley testified that during the attempted solicitation he was told by a
12
“lawyer or policeman” that “it was against the law what [he] was doing.” Talley
mentioned this to Pohl and Pohl told him “you’ve just got to leave...some people you
can’t help.”
32. Walker was eventually indicted and sent to prison. Beking afraid of
where Walker’s indictment might lead, Pohl and his lawyer partneCrs stopped paying
Walker and the other runners the illegal fees as Pohl had promised. Therefore,
Walker, Seymour, Ladner and Precision filed a lawsuit in Miississippi Federal Court
(“Federal Litigation”) against Pohl and his law partners claiming they were owed
millions of dollars in promised fees.
33. The above facts were compiled during the Federal Litigation.
Thereafter, more than four hundred clientsl who were illegally solicited contacted the
Kassab Law Firm and requested KassMab to represent them in litigation against Pohl
and his partners. Kassab filed lawsuits on behalf of these clients in four different
courts in Harris County. Addiitionally, due to the egregiousness of Pohl’s violation of
the Texas Penal Code and violations of the Texas Disciplinary Rules of Professional
Conduct, Kassab was orequired to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinlary Rules of Professional Conduct. Due to this mandate, Kassab
filed grievanceis against Pohl pursuant to Rule 8.03. some of Pohl’s clients also
prepared and filed grievances against Pohl arising out of his egregious conduct.
34. Because of these actions in representing clients against Pohl and the
grievances filed against Pohl, Pohl filed this retaliatory lawsuit against Kassab
alleging conversion and theft of trade secrets. Pohl alleges that Kassab and others
13
stole his property and used it to bring lawsuits and grievances against Pohl.
Specifically, Pohl alleges in his petition that, “Kassab is a lawyer who specializes in
suing other lawyers”1 and “Kassab solicited clients/prospective clients [of Pohl’s] to
act as Plaintiffs . . . to bring cases against Pohl for alleged barratry and okther claims.”2
Thus, Pohl has judicially admitted that he has brought his suit agaiCnst Kassab simply
because Kassab contacted illegally solicited clients to notify them of Pohl’s illegal
conduct and to offer to represent them in suits against Pohli.
35. The lawsuit is frivolous and without merit as it is based upon false
pretenses and was brought solely for retaliation and harassment purposes.
Specifically, Kassab did not steal anything from Pohl. Additionally, Kassab did not
purchase any stolen documents belonging tlo Pohl. Nor did Kassab purchase anything
belonging to Pohl. Moreover, Pohl isM not the owner of documents received, if any,
from Precision, Favre, Nicholson, Montague or anyone else. Lastly, none of the
documents and/or informatioin that Kassab may have received from various
individuals or entities are Pohl’s trade secrets as Pohl alleges. Furthermore, Pohl
has failed to complyo with conditions precedent to filing his retaliatory suit for
conversion and thleft of trade secrets. Specifically, Pohl has never requested from
Kassab, the reiturn of his alleged property. Rather, Pohl abandoned all of the alleged
documents he now accuses Kassab of stealing and/or purchasing. Pohl abandoned all
of the documents he alleges were stolen and/or purchased because he knew that the
documents were not his and that he had no ownership interest in the documents. If
1 Pohl Original Petition, p. 6
2 Id. at p. 6-7
14
Pohl actually believed the subject documents were his, he would have safeguarded
the documents rather than abandon them with a convicted felon (Walker) and his
cohorts (Seymore and Ladner). Even as of today, the subject documents sit in a
warehouse, unattended and not safeguarded. k
VIII C
COUNTERCLAIM FOR CIVIL BARRATRY
36. Within the lawsuits that Kassab has filed agaisntst Pohl on behalf of his
former clients and/or potential clients, Pohl has judicially admitted that a claim for
barratry is not a legal malpractice case. Pohl has also admitted that a because a
claim for barratry is not a claim for “legal malpractice,” the Discovery Rule does not
apply to a barratry claim. Therefore, based upon Pohl’s judicial admissions, the
assignment of a barratry claim is permiatted under Texas law.
37. Thus, based upon expfress assignments of interest given to Kassab,
Kassab brings counterclaims against Pohl and his law firm pursuant to Texas Civil
Practice and Remedies CodOe, Section 16.069. Section 16.069 provides:
(a) If a counterclpaim or cross claim arises out of the same transaction or
occurrence tohat is the basis of an action, a party to the action may
file the counterclaim or cross claim even though as a separate action
it woulad lbe barred by limitations on the date the party’s answer is
requicreid.
(b) Tohe counterclaim or cross claim must be filed not later than the 30th
day after the date on which the party’s answer is required.
Kassab has been assigned barratry claims on behalf of 242 claimants. These
counterclaims are timely because they were filed within 30 days of the date
Kassab filed his original answer.
15
CLAIM FOR ATTORNEY’S FEES
38. Defendants contend that all or some of Plaintiffs’ claims for
misappropriate under TUTSA were made in bad faith, enabling Defendants to
recover their reasonable attorney’s fees. See TEX. CIV. PRAC. & REM e. CODE §
134A.005. 
X t
PRAYER FOR RELIEF D i
Wherefore, Defendants, Counter-Plaintiffs resspectfully pray that Plaintiffs
recover nothing on their claims and that the Deferndants, Counter-Plaintiffs recover
on their claims against the Plaintiffs and/or any Third-Party Defendants as follows:
i) actual and consequential damlages;
ii) statutory damages; M
iii) pre- and post-judgmentf interest;
iv) attorneys’ fees and costs; and
v) all other relief tof f which the Defendants, Counter-Plaintiffs may be justly
entitled.
p Respectfully submitted,
THE KASSAB LAW FIRM
c / s / David Eric Kassab
f LANCE CHRISTOPHER KASSAB
Texas State Bar No. 00794070
U lance@kassab.law
DAVID ERIC KASSAB
Texas State Bar No. 24071351
david@kassab.law
1214 Elgin Street
Houston, Texas 77004
Telephone: 713.522.7400
Facsimile: 713.522.7410
16
ATTORNEYS FOR LANCE CHRISTOPHER
KASSAB AND THE KASSAB LAW FIRM
FOGLER, BRAR, O’NEIL AND GRAY, LLP
/s/ Murray Fogler k
Murray Fogler e
State Bar No. 072073C00
mfogler@foglerbrar.com
909 Fannin, Suite 1640
Houston, Texast 77010
Telephone: 71i3-481-1010
Facsimile: 713-574-3224
ATTORNEY e FOR LANCE
CHRISTOPHER KASSAB AND THE
KASSA u B LAW FIRM REGARDING
PLAINTIFFS’ AFFIRMATIVE CLAIMS
CERTIFICAaTE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
instrument has been forwarded to all parties pursuant to the Texas Rules of Civil
Procedure on this the 29th day ofe August 2022.
 / s / Lance Christopher Kassab
p Lance Christopher Kassab
17
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
David Kassab e
Bar No. 24071351 C
david@kassab.law t
Envelope ID: 67770941 r
Status as of 8/30/2022 8:18 AM CST
Case Contacts
Name BarNumber Email TimsestampSubmitted Status
Solace Southwick ssouthwick@reynoldsfrizzell.com 8/29/2022 4:43:08 PM SENT
Jean C.Frizzell jfrizzell@reynoldsfrizzell.com r8/29/2022 4:43:08 PM SENT
Harris Wells hwells@reynoldsfrizzell.com 8/29/2022 4:43:08 PM SENT
Todd Taylor ttaylor@jandflaw.com  8/29/2022 4:43:08 PM SENT
Scott M.Favre scott@favrepa.com 8/29/2022 4:43:08 PM SENT
Lawyer Wade lawyerwade@hotmail.coml 8/29/2022 4:43:08 PM SENT
Lance Kassab eserve@kassab.law a 8/29/2022 4:43:08 PM SENT
Lance Kassab lance@kassab.lawM 8/29/2022 4:43:08 PM SENT
David Kassab david@kassab.law 8/29/2022 4:43:08 PM SENT
Larry Newsom lnewsom@krcl.com 8/29/2022 4:43:08 PM SENT
Jason M.Ciofalo jason@ciofaelolaw.com 8/29/2022 4:43:08 PM SENT
Jessica Z.Barger barger@wrightclosebarger.com 8/29/2022 4:43:08 PM SENT
Nicholas Pierce nicholafs@kassab.law 8/29/2022 4:43:08 PM SENT
Murray JFogler mfogler@foglerbrar.com 8/29/2022 4:43:08 PM SENT
Murray Fogler mfogler@fbfog.com 8/29/2022 4:43:08 PM SENT
Andrew Johnson oajohnson@thompsoncoe.com 8/29/2022 4:43:08 PM SENT
Andrew J. Sarne Casarne@krcl.com 8/29/2022 4:43:08 PM SENT
Kathryn Laflin  KLaflin@KRCL.com 8/29/2022 4:43:08 PM SENT
Benjamin Ritz britz@thompsoncoe.com 8/29/2022 4:43:08 PM SENT
Zandra EFoley zfoley@thompsoncoe.com 8/29/2022 4:43:08 PM SENT
Dale Jefferson 10f607900 jefferson@mdjwlaw.com 8/29/2022 4:43:08 PM SENT
Raul Herman Suazo n24003021 suazo@mdjwlaw.com 8/29/2022 4:43:08 PM SENT
Kevin Graham CainU24012371 cain@mdjwlaw.com 8/29/2022 4:43:08 PM SENT
D Kassab david@kassab.law 8/29/2022 4:43:08 PM SENT
Murray J. Fogler 7207300 mfogler@foglerbrar.com 8/29/2022 4:43:08 PM SENT
L Kassab lance@kassab.law 8/29/2022 4:43:08 PM SENT
Murray J. Fogler 7207300 mfogler@foglerbrar.com 8/29/2022 4:43:08 PM SENT
Chris C.Pappas cpappas@krcl.com 8/29/2022 4:43:08 PM SENT
Todd Taylor ttaylor@jandflaw.com 8/29/2022 4:43:08 PM SENT
Katie Budinsky kbudinsky@krcl.com 8/29/2022 4:43:08 PM SENT
Misty Davis mdavis@reynoldsfrizzell.com 8/29/2022 4:43:08 PM SENT
E. MarieJamison jamison@wrightclosebarger.com 8/29/2022 4:43:08 PM SENT"
29,2022-08-02,OA,Kassab,6th Amended Answer,"Kassab's Sixth Amended Answer, Affirmative Defenses, and Counterclaim — adds 21st affirmative defense (TUTSA preemption under § 134A.007(a)) and attorney's fees claim for bad faith TUTSA prosecution under § 134A.005; otherwise substantively identical to the Fifth Amended Answer","Phase 3 amended pleading superseding the Fifth Amended Answer. Key additions over Filing #27: (1) new affirmative defense #21 for preemption under Tex. Civ. Prac. & Rem. Code § 134A.007(a), and (2) new section claiming attorney's fees under Tex. Civ. Prac. & Rem. Code § 134A.005 for bad faith TUTSA claims by Pohl. All prior content maintained including 20 affirmative defenses, factual background, and barratry counterclaim.",PLEAD-1,N/A,Phase 3,2022-08-02_OA_Kassab-6th-Amended-Answer-CC_FILED.pdf,"That Pohl recover nothing; that Kassab recover (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other just relief","8/2/2022 4:00 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 66899970
By: Ashley Lopez
Filed: 8/2/2022 4:00 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SIXTH AMENDED
ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this their Sixth Armended Answer, Affirmative Defenses,
and Counterclaim, and would respectfully show the Court as follows;
iIl
RULE 47a STATEMENT
1. The Kassab Defendantso, in their capacity as Counter-Plaintiffs, seek monetary
relief of more than $1,000,000.00.
y PARTIES
2. Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a
party herein. c i
3. oPlaintiff, Law Offices of Michael A. Pohl is a law firm set up for the practice of
law in various states of the union, including Texas and is a party herein.
4. Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a
party herein.
5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company
located in Mississippi and is a party herein.
6. Defendant, Precision Marketing Group, LLC is a nonresident limited liability
company located in Mississippi and is a party herein. k
7. Defendant, F. Douglas Montague III is a nonresident indilvidual residing in
Mississippi. c
8. Defendant, Montague, Pittman & Varnado, PA is sa nonresident professional
association located in Mississippi. 
9. Defendant, Tina Nicholson is an individual residing in Texas and is a party herein.
10. Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a limited
liability partnership located in Texas and is a party herein.
11. Defendant, Counter-Plaintiff, Laance Christopher Kassab is an individual residing
in Texas and is a party herein. 
12. Defendant, Counter-Pelaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab
Law Firm is a professional corpofration located in Texas and is a party herein.
y III
JURISDICTION AND VENUE
13. Thisa matter is within the jurisdictional limits of this Court and Plaintiffs, Counter-
Defendants, Mifcihael A. Pohl and Law Offices of Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue is proper in this county because one or more of the defendants are residents of
this county and because a substantial part of the acts and/or omissions that form the basis of this
suit occurred in this county.
GENERAL DENIAL
14. Defendant, Counter-Plaintiff Kassab generally denies all allegations made by
Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests
the Court to require Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Oeffices of Michael
A. Pohl to carry their burden of proof regarding all allegations against Kassab.
V r
AFFIRMATIVE DEFENSES
15. Defendant, Counter-Plaintiff Kassab pleads the fsollowing affirmative defenses:
1. Statute of limitations; g
2. Justification; B
3. Estoppel; y
4. Waiver;
5. Ratification; f
6. Release;
7. Unclean hands; O
8. Contribution;
9. Failure to mitigate;
10. Lack ofi standing;
11. Accford and Satisfaction;
12. Assumption of the Risk;
13. Illegality/Criminal Acts;
14. First Amendment;
15. Attorney Immunity;
16. In Pari Delicto;
17. Res Judicata;
18. Defect of Parties;
19. Abandonment; k
20. Subject of a Valid Contract; and l
21. Preemption pursuant to TEX. CIV. PRAC. & REM. CODE § 134Ac.007(a).
VI s
SPECIFIC DENIALS D
16. Defendants, Counter-Plaintiffs specifically dseny that all conditions precedent
regarding Plaintiffs claims of conversion and theft of rtrade secrets have been performed or
occurred prior to Plaintiffs’ filing of suit against Kassab.
VIlI
FACTUAL BACKGROUNDa AND PROCEDURAL HISTORY
17. LCK is a lawyer practicinog law with The Kassab Law Firm, a law firm in Houston,
Texas focusing on plaintiffs’ legal mcalpractice cases. Kassab filed four lawsuits on behalf of over
four hundred clients against Pohl (the “Harris County Lawsuits”). The main allegations against
Pohl are civil barratry andp conspiracy to commit barratry, a third-degree felony in Texas. Pohl
conspired with his wife, Donalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”) and three
runners in Missiscsiippi to illegally solicit clients on behalf of Pohl. Dona owns a sham lending
company in Toexas called Helping Hands Financing, LLC (“HH Texas”). Jaimes rans the day-to-
day operations of HH Texas. The three runners are Scott Walker (“Walker”), Steve Seymour
(“Seymour”) and Kirk Ladner (“Ladner”) (collectively “Runners”). The three Runners owned and
operated two other sham companies called Helping Hands Group, LLC and Helping Hands
Financial, LLC (collectively “HH Mississippi”). The three runners also owned Precision
Marketing Group, LLC (“Precision”) which they sold to Scott Favre and/or his companies
(collectively “Favre”). The runners had several other business entities from which they operated
and concealed their illegal solicitation conspiracy.
18. With regard to the clients obtained in the BP Litigation, Walkerk, Seymour and
Ladner hired other runners to literally go up and down streets in specific localtions knocking on
doors to solicit clients on behalf of Pohl for lawsuits against British Petrolceum. Walker, Seymore
and Ladner, through Precision and on behalf of Pohl, paid these runnesrs as much as $300-$400 for
every potential client they obtained. Pohl paid Precision as much as $1,500 for every client
Precision obtained and referred to Pohl. Walker, Seymore and Ladner paid the other runners from
this amount and pocketed the balance. Pohl also offered and agreed to pay Walker, Seymour and
Ladner a percentage of his legal fees once cases settled. This percentage was disguised as an
hourly rate of $1,500.00 per hour, but the percaentage of the “settlement” payment was never below
the agreed percentage. For example, no matter how much “hourly” time was actually spent on a
case, the agreed upon percentage wase always achieved by simply dividing the percentage amount
of Pohl’s legal fees by $1,500.00 fto calculate the imaginary number of hours, and then the Runners
would submit an invoice for tyhose imaginary number of hours. Whether the Runners actually spent
five (5) or fifty (50) hoCurs on a particular case was not the measure of the “settlement” fees to be
paid to the Runnersa, it was always the agreed upon percentage of attorney’s fees earned by Pohl
regardless of acftual hours spent on a case.
19U. With regard to auto accidents, Pohl set up a “Google Alerts” to be notified
whenever there was a horrific rollover or other type of horrific vehicle crash across the nation.
Pohl would then immediately send the alert to the Runners so they could arrange to visit hospitals,
homes and funerals to contact the families of the injured in order to solicit them as clients. The
Runners would use their sham companies, “Helping Hands” to act as though they were
approaching these victims to genuinely help them rather than solicit them. The Runners would
falsely tell these victims that they were there to provide money for burial services, food, clothing,
lodging, etc. In reality however, the Runners’ contacted these families under thesek false pretenses
with the sole objective of talking advantage of these victims and their famililes while they were
emotionally distraught and not thinking straight in order to lock them intoc contracts which allowed
the runners to select a lawyer for the victim. The victims and the familsy members were encouraged
to hire Pohl and told they could not get the money unless they agreed to hire Pohl. Pohl would pay
the Runners as much as $7,500 per client they signed up and Pohl also promised the runners as
much as 33% of Pohl’s legal fees on the back end when the case settled. Additionally, HH Texas
would pay HH Mississippi $2,500 for every client referred to HH Texas to “loan” money to these
victims and their family. Pohl used this procedaure as an attempt to put an additional buffer between
him and the actual Runners. 
20. Pohl also helped thee Runners form another sham entity, the GM Settlement
Verification Team (“GM Team”)f after General Motors, Inc. issued a recall on cars due to faulty
ignition switches which effeycted the safe operation of the airbag systems on vehicles. Thus, the
GM Team was designeCd to look official as if it was part of General Motors. This conspiracy was
to form an official laooking entity from GM as if GM was wanting to compensate people who had
been harmed wfhen airbags failed to deploy in relation to the ignition recall. In reality, this was
just anothUer sham company used to solicit and trick potential clients into hiring Pohl. Again, Pohl
would pay Walker and Ladner, through their sham entity, the GM Team, a fee for every potential
client it referred to Pohl, in addition to a percentage of his attorney’s fees on the back end.
21. Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly
formed entities that he perceived would insulate him from liability. In fact, Walker testified that
although he and Pohl called it “marketing services” or “marketing money” it was “clear to [him]
it was barratry.” In fact, Walker considered himself and his company “a pass-throkugh for barratry
money.” All total, Walker, Ladner and Precision received over $5 million in “balrratry pass-through
money” from Pohl and other lawyers to solicit potential clients with clacims, both auto-accident
victims and those involved in the BP Deepwater Horizon litigation. s
22. One of the runners hired by Pohl and Walker to illegally solicit clients on behalf of
Pohl was Magdalena Santana (“Santana”). In her September 24, 2016 affidavit, Santana testified
that Pohl sent her on “dozens and dozens of car wreck cases all over the country.” Pohl would
email Santana the link of news coverage he obtained through Google Alerts depicting an accident
and asked her “to go to the victim or the victima’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Sanetana was advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was insftructed by Pohl to “approach the victims and their families while
they were vulnerable, in they emergency room, their hospital rooms or at the funerals.” Pohl told
Santana that minoritiesC “were especially vulnerable since they tended not to know that the law
prohibited barratray.” According to Pohl, they “were easier to sign up.”
23. Pfohl would give Santana “money to give to the victims or their families” but would
only giveU the money to the potential client “if they agreed to sign a Pohl representation contract.”
Pohl advised Santana that the money was a “foot in the door” but instructed Santana not to mention
anything about hiring a lawyer “until after they agreed to take the money.” “If the client agreed to
hire Pohl, then [Santana] was to have the client sign a ‘Helping Hands’ contract.” Santana would
then give money to the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was illegal for him to pay [her] directly for cases, and that’s why
the money had to go through some company.”
24. Pohl and/or his co-conspirators had Santana retract this affidkavit through a
December 19, 2017 affidavit. This purported retraction was likely the result of Plohl paying Santana
to retract the first affidavit, which is similar to something Pohl had done icn the past. In fact, Pohl’s
own paralegal, Jaimes, testified that on one occasion Pohl sent hims to Florida with a suitcase
containing $50,000 in cash to give to Santana in exchange for her agreement not to turn Pohl into
the authorities. Jaimes testified that Santana would only get the money if she signed a statement
agreeing not to mention Pohl’s illegal activity. Jaimes testified that Santana signed the statement
and then he gave her the $50,000.
25. Santana’s deposition was evena more detailed. Santana testified at her deposition
that the statement was an agreement for her to keep quiet and not charge Pohl with any
wrongdoing, criminal or unethical coenduct. Santana testified that Pohl paid her $50,000 in cash to
sign this statement, which was dfelivered by Jaimes in three bags marked “trick or treat.” Very
symbolic given that Santanay had been tricked by Pohl into soliciting potential clients for him and
was now being treatedC the money she claimed was due under their agreement just to stay quiet.
Santana reiterated ian her deposition that if she didn’t sign the gag agreement, she would not have
received the mfoney from Pohl. Santana attempted to indicate on the agreement that she was
receivingU $50,000 to keep quiet, but Jaimes told her Pohl demanded that she state she only received
nominal consideration, like $100. Santana did not write the statement but “just signed it” because
she felt she was being “forced to sign” it while “under duress.”
26. Notably, nowhere in Santana’s December 19th affidavit does she state the testimony
in her former affidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states in her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana testified in her deposition that the September 24kth affidavit was
created voluntarily with her own “testimony.” Santana testified that, unlike witlh Pohl, she was not
paid and had never been promised any money to provide the testimoncy t in the September 24th
affidavit. Santana reiterated to counsel for Pohl, Billy Shepherd, sthat she was there for her
deposition to tell the truth and would not be bullied by his questioning or his efforts to confuse
her.
27. Regardless, Santana’s sworn deposition testimony confirmed most, if not all of the
facts set forth in her initial affidavit and this deposition testimony has never been retracted.
Therefore, Santana confirmed that she was haired by Pohl to solicit auto accident cases, the first
one being an accident where a woman and her unborn child lost their lives. Santana was instructed
by Walker, who was instructed by Poehl, to personally visit the mother of the deceased and sign her
up to sue the tire manufacturer fand, if she succeeded, Pohl would pay her $5,000. Following
Walker and Pohl’s instructioyns, Santana visited the funeral of the deceased and got the family to
feel comfortable withC her. Although the mother was grieving, Pohl told Santana: “take no
prisoners, this is a acut throat business, you get in there and you do whatever it takes to get this
client.” The solficitation was successful after Pohl gave Santana $2,000 to “give to the client to
convinceU her into signing over with the firm.”
28. “Coach” Kenneth Talley (“Talley”) was another runner hired by Pohl and Walker
who solicited over 20 auto accident cases for Pohl. Talley has sworn under oath that he was first
hired in relation to BP claims to find “folks that lost money due to the oil spill” and “sign them
up” and “get a fee for it.” Talley testified that he went to work “knocking on doors” looking for
potential claimants for Pohl and his partner in the BP litigation. Talley solicited and signed up
more than 800 BP claims for Pohl and his co-conspirators. Talley was paid between $75 and $350
for each BP client he signed up for Pohl and his partners. k
29. Talley eventually switched to illegally soliciting auto accidenlt victims for Pohl,
“calling on folks that had bad accidents.” Talley recalls that the first clicent he solicited for Pohl
was in “the hospital in intensive care.” Talley carried with him up tos $1,000 to pay the accident
victims to “help them with problems” but paid the potential client only once they “were signed
up.” Talley kept a list of all the auto accident cases he solicited so he could keep track of the cases
that he was due a percentage from Pohl’s attorney’s fees on the back end after the case settled.
Talley also followed a checklist that instructed him to, among other things, bring flowers to the
initial hospital visit (but to spend no more thaan $50) and to offer the victims money but to “make
sure the funding schedule” from HH Texas “is filled out properly before releasing any cash.”
Talley would advise the victims thate he had attorneys who could help them such as Pohl. Talley
was paid a fee of $1,400 plus his efxpenses by Pohl, through Walker and/or one of his sham business
entities for any auto accidenyt case he solicited and referred to Pohl. On some cases, Talley was to
receive a portion of theC fee paid to Helping Hands out of Pohl’s attorney’s fees. Talley discussed
with Pohl the “peracentage of settlements” he was to receive from the cases he solicited and
referred, and Pofhl told Talley that the money was being placed in an “escrow account” for him.
When askUed whether Pohl knew he was getting paid to “contact vehicle accident victims,” Talley
responded, “the money was coming from Edgar [Jaimes] who worked for him.” And, although
his paycheck was from Walker’s company, “the funding came by way of Edgar [Jaimes].”
10
30. Talley testified that personally soliciting clients for Pohl became so frequent that
he began carrying blank contracts to each solicitation. Talley testified that he never recommended
any lawyers other than Pohl. However, Talley never told the clients that he was getting paid to
solicit them. Talley would present a contract to the potential client. If the client dkid not agree to
hire Pohl, the clients would not get the money. Talley testified that Jaimes and Dlona (the operators
of HH Texas) would send him the money. c
31. Talley further testified that both he and Pohl knew whast they were doing was illegal.
In one instance, Talley was “run out of town” while soliciting clients for Pohl. Talley testified that
during the attempted solicitation he was told by a “lawyer or policeman” that “it was against the
law what [he] was doing.” Talley mentioned this to Pohl and Pohl told him “you’ve just got to
leave...some people you can’t help.”
32. Walker was eventually indicteda and sent to prison. Being afraid of where Walker’s
indictment might lead, Pohl and his lawyer partners stopped paying Walker and the other runners
the illegal fees as Pohl had promisede. Therefore, Walker, Seymour, Ladner and Precision filed a
lawsuit in Mississippi Federal Cfourt (“Federal Litigation”) against Pohl and his law partners
claiming they were owed miyllions of dollars in promised fees.
33. The aboCve facts were compiled during the Federal Litigation. Thereafter, more
than four hundred aclients who were illegally solicited contacted the Kassab Law Firm and
requested Kassfab to represent them in litigation against Pohl and his partners. Kassab filed
lawsuits oUn behalf of these clients in four different courts in Harris County. Additionally, due to
the egregiousness of Pohl’s violation of the Texas Penal Code and violations of the Texas
Disciplinary Rules of Professional Conduct, Kassab was required to notify the Texas State Bar
pursuant to Rule 8.03 of the Texas Disciplinary Rules of Professional Conduct. Due to this
11
mandate, Kassab filed grievances against Pohl pursuant to Rule 8.03. some of Pohl’s clients also
prepared and filed grievances against Pohl arising out of his egregious conduct.
34. Because of these actions in representing clients against Pohl and the grievances
filed against Pohl, Pohl filed this retaliatory lawsuit against Kassab alleging convkersion and theft
of trade secrets. Pohl alleges that Kassab and others stole his property and usedl it to bring lawsuits
and grievances against Pohl. Specifically, Pohl alleges in his petition thcat, “Kassab is a lawyer
who specializes in suing other lawyers”1 and “Kassab solicited clsients/prospective clients [of
Pohl’s] to act as Plaintiffs . . . to bring cases against Pohl for alleged barratry and other claims.”2
Thus, Pohl has judicially admitted that he has brought his suit against Kassab simply because
Kassab contacted illegally solicited clients to notify them of Pohl’s illegal conduct and to offer to
represent them in suits against Pohl.
35. The lawsuit is frivolous and waithout merit as it is based upon false pretenses and
was brought solely for retaliation and harassment purposes. Specifically, Kassab did not steal
anything from Pohl. Additionally, Keassab did not purchase any stolen documents belonging to
Pohl. Nor did Kassab purchase afnything belonging to Pohl. Moreover, Pohl is not the owner of
documents received, if any, yfrom Precision, Favre, Nicholson, Montague or anyone else. Lastly,
none of the documents Cand/or information that Kassab may have received from various individuals
or entities are Pohl’as trade secrets as Pohl alleges. Furthermore, Pohl has failed to comply with
conditions precfedent to filing his retaliatory suit for conversion and theft of trade secrets.
SpecificaUlly, Pohl has never requested from Kassab, the return of his alleged property. Rather,
Pohl abandoned all of the alleged documents he now accuses Kassab of stealing and/or purchasing.
Pohl abandoned all of the documents he alleges were stolen and/or purchased because he knew
1 Pohl Original Petition, p. 6
2 Id. at p. 6-7
12
that the documents were not his and that he had no ownership interest in the documents. If Pohl
actually believed the subject documents were his, he would have safeguarded the documents rather
than abandon them with a convicted felon (Walker) and his cohorts (Seymore and Ladner). Even
as of today, the subject documents sit in a warehouse, unattended and not safeguarkded.
VIII l
COUNTERCLAIM FOR CIVIL BARRATRY
36. Within the lawsuits that Kassab has filed against Pohl on brehalf of his former clients
and/or potential clients, Pohl has judicially admitted that a claim for barratry is not a legal
malpractice case. Pohl has also admitted that a because a claim for barratry is not a claim for
“legal malpractice,” the Discovery Rule does not apply to ra barratry claim. Therefore, based upon
Pohl’s judicial admissions, the assignment of a barratry claim is permitted under Texas law.
37. Thus, based upon express assignmlents of interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm pursuant to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides:
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence
that is the basis of an faction, a party to the action may file the counterclaim or
cross claim even though as a separate action it would be barred by limitations
on the date the party’s answer is required.
(b) The counteCrclaim or cross claim must be filed not later than the 30th day after
the date on which the party’s answer is required.
Kassab has been assigned barratry claims on behalf of 242 claimants. These counterclaims
are timely because they were filed within 30 days of the date Kassab filed his original
answer.
13
CLAIM FOR ATTORNEY’S FEES
38. Defendants contend that all or some of Plaintiffs’ claims for misappropriate
under TUTSA were made in bad faith, enabling Defendants to recover their reasonable
attorney’s fees. See TEX. CIV. PRAC. & REM. CODE § 134A.005.
PRAYER FOR RELIEF c
Wherefore, Defendants, Counter-Plaintiffs respectfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-Plaintiffs rescover on their claims against the
Plaintiffs and/or any Third-Party Defendants as follows:
i) actual and consequential damages; B
ii) statutory damages; n
iii) pre- and post-judgment interest; i
iv) attorneys’ fees and costs; anMd
v) all other relief to which tohe Defendants, Counter-Plaintiffs may be justly entitled.
O Respectfully submitted,
p THE KASSAB LAW FIRM
/ s / Lance Christopher Kassab
l LANCE CHRISTOPHER KASSAB
i Texas State Bar No. 00794070
i lance@kassab.law
o f DAVID ERIC KASSAB
n Texas State Bar No. 24071351
david@kassab.law
1214 Elgin Street
Houston, Texas 77004
Telephone: 713.522.7400
Facsimile: 713.522.7410
ATTORNEYS FOR DEFENDANTS,
14
COUNTER-PLAINTIFFS LANCE CHRISTOPHER
KASSAB AND THE KASSAB LAW FIRM
/s/ Murray Fogler
Murray Fogler k
State Bar No. 07207300 r
mfogler@foglerbrar.com l
FOGLER, BRAR, O’NEIL AND GRAY, LLP
909 Fannin, Suite 16c40
Houston, Texas 77r010
Telephone: 713-s481-1010
Facsimile: 71D3-574-3224
ATTORNEsY FOR LANCE
CHRISTOPHER KASSAB AND THE
KASSrAB LAW FIRM REGARDING
P BLAINTIFFS’ AFFIRMATIVE CLAIMS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct caopy of the above and foregoing instrument has been
forwarded to all parties pursuant to the TexaMs Rules of Civil Procedure on this the 2nd day of August
2022. 
/ s / Lance Christopher Kassab
f Lance Christopher Kassab
15
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
David Kassab e
Bar No. 24071351 C
david@kassab.law t
Envelope ID: 66899970 r
Status as of 8/2/2022 4:19 PM CST
Case Contacts
Name BarNumber Email TimsestampSubmitted Status
Solace Southwick ssouthwick@reynoldsfrizzell.com 8/2/2022 4:00:29 PM SENT
Jean C.Frizzell jfrizzell@reynoldsfrizzell.com r8/2/2022 4:00:29 PM SENT
Harris Wells hwells@reynoldsfrizzell.com 8/2/2022 4:00:29 PM SENT
Todd Taylor ttaylor@jandflaw.com  8/2/2022 4:00:29 PM SENT
Scott M.Favre scott@favrepa.com 8/2/2022 4:00:29 PM SENT
Lawyer Wade lawyerwade@hotmail.coml 8/2/2022 4:00:29 PM SENT
Lance Kassab eserve@kassab.law a 8/2/2022 4:00:29 PM SENT
Lance Kassab lance@kassab.lawM 8/2/2022 4:00:29 PM SENT
David Kassab david@kassab.law 8/2/2022 4:00:29 PM SENT
Nicholas Pierce nicholas@kassab.law 8/2/2022 4:00:29 PM SENT
Murray Fogler mfogler@fbefog.com 8/2/2022 4:00:29 PM SENT
Murray JFogler mfogler@foglerbrar.com 8/2/2022 4:00:29 PM SENT
Kathryn Laflin KLaflinf@KRCL.com 8/2/2022 4:00:29 PM SENT
Andrew Johnson ajohnson@thompsoncoe.com 8/2/2022 4:00:29 PM SENT
Larry Newsom lnewsom@krcl.com 8/2/2022 4:00:29 PM SENT
Jason M.Ciofalo ojason@ciofalolaw.com 8/2/2022 4:00:29 PM SENT
Jessica Z.Barger Cbarger@wrightclosebarger.com 8/2/2022 4:00:29 PM SENT
Chris C.Pappas  cpappas@krcl.com 8/2/2022 4:00:29 PM SENT
Todd Taylor ttaylor@jandflaw.com 8/2/2022 4:00:29 PM SENT
E. MarieJamison jamison@wrightclosebarger.com 8/2/2022 4:00:29 PM SENT
Andrew J. Sarne f asarne@krcl.com 8/2/2022 4:00:29 PM SENT
Benjamin Ritz n britz@thompsoncoe.com 8/2/2022 4:00:29 PM SENT
Zandra EFoley U zfoley@thompsoncoe.com 8/2/2022 4:00:29 PM SENT
Dale Jefferson 10607900 jefferson@mdjwlaw.com 8/2/2022 4:00:29 PM SENT
Raul Herman Suazo 24003021 suazo@mdjwlaw.com 8/2/2022 4:00:29 PM SENT
Kevin Graham Cain 24012371 cain@mdjwlaw.com 8/2/2022 4:00:29 PM SENT
D Kassab david@kassab.law 8/2/2022 4:00:29 PM SENT
Murray J. Fogler 7207300 mfogler@foglerbrar.com 8/2/2022 4:00:29 PM SENT
L Kassab lance@kassab.law 8/2/2022 4:00:29 PM SENT
Murray J. Fogler 7207300 mfogler@foglerbrar.com 8/2/2022 4:00:29 PM SENT
Katie Budinsky kbudinsky@krcl.com 8/2/2022 4:00:29 PM ERROR"
27,2022-05-13,OA,Kassab,5th Amended Answer,"Kassab's Fifth Amended Answer, Affirmative Defenses, and Counterclaim — live pleading asserting 20 affirmative defenses, general and specific denials, detailed factual background of Pohl's barratry scheme, and counterclaim for civil barratry on behalf of 242 assigned claimants","Phase 3 amended pleading filed simultaneously with the Motion to Designate Responsible Third Parties. This is Kassab's fifth iteration of his answer, expanding affirmative defenses and maintaining the barratry counterclaim based on assigned claims from 242 of Pohl's former clients.",PLEAD-1,N/A,Phase 3,2022-05-13_OA_Kassab-5th-Amended-Answer-CC_FILED.pdf,"That Pohl recover nothing; that Kassab recover (i) actual and consequential damages, (ii) statutory damages, (iii) pre- and post-judgment interest, (iv) attorneys' fees and costs, and (v) all other just relief on counterclaims","5/13/2022 6:22 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 64509093
By: Deandra Mosley
Filed: 5/13/2022 6:22 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S FIFTH AMENDED
ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this their Fifth Armended Answer, Affirmative Defenses,
and Counterclaim, and would respectfully show the Court as follows;
iIl
RULE 47a STATEMENT
1. The Kassab Defendantso, in their capacity as Counter-Plaintiffs, seek monetary
relief of more than $1,000,000.00.
y PARTIES
2. Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a
party herein. c i
3. oPlaintiff, Law Offices of Michael A. Pohl is a law firm set up for the practice of
law in various states of the union, including Texas and is a party herein.
4. Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a
party herein.
5. Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company
located in Mississippi and is a party herein.
6. Defendant, Precision Marketing Group, LLC is a nonresident limited liability
company located in Mississippi and is a party herein. k
7. Defendant, F. Douglas Montague III is a nonresident indilvidual residing in
Mississippi. c
8. Defendant, Montague, Pittman & Varnado, PA is sa nonresident professional
association located in Mississippi. 
9. Defendant, Tina Nicholson is an individual residing in Texas and is a party herein.
10. Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a limited
liability partnership located in Texas and is a party herein.
11. Defendant, Counter-Plaintiff, Laance Christopher Kassab is an individual residing
in Texas and is a party herein. 
12. Defendant, Counter-Pelaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab
Law Firm is a professional corpofration located in Texas and is a party herein.
y III
JURISDICTION AND VENUE
13. Thisa matter is within the jurisdictional limits of this Court and Plaintiffs, Counter-
Defendants, Mifcihael A. Pohl and Law Offices of Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue is proper in this county because one or more of the defendants are residents of
this county and because a substantial part of the acts and/or omissions that form the basis of this
suit occurred in this county.
GENERAL DENIAL
14. Defendant, Counter-Plaintiff Kassab generally denies all allegations made by
Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests
the Court to require Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Oeffices of Michael
A. Pohl to carry their burden of proof regarding all allegations against Kassab.
V r
AFFIRMATIVE DEFENSES
15. Defendant, Counter-Plaintiff Kassab pleads the fsollowing affirmative defenses:
1. Statute of limitations; g
2. Justification; B
3. Estoppel; y
4. Waiver;
5. Ratification; f
6. Release;
7. Unclean hands; O
8. Contribution;
9. Failure to mitigate;
10. Lack ofi standing;
11. Accford and Satisfaction;
12. Assumption of the Risk;
13. Illegality/Criminal Acts;
14. First Amendment;
15. Attorney Immunity;
16. In Pari Delicto;
17. Res Judicata;
18. Defect of Parties;
19. Abandonment; and k
20. Subject of a Valid Contract. l
VI c
SPECIFIC DENIALS r
16. Defendants, Counter-Plaintiffs specifically deny Dthat all conditions precedent
regarding Plaintiffs claims of conversion and theft of trades secrets have been performed or
occurred prior to Plaintiffs’ filing of suit against Kassab. r
VII
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
17. LCK is a lawyer practicing lMaw with The Kassab Law Firm, a law firm in Houston,
Texas focusing on plaintiffs’ legal malporactice cases. Kassab filed four lawsuits on behalf of over
four hundred clients against Pohl (tche “Harris County Lawsuits”). The main allegations against
Pohl are civil barratry and conspiracy to commit barratry, a third-degree felony in Texas. Pohl
conspired with his wife, Dopnalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”) and three
runners in Mississippi to illegally solicit clients on behalf of Pohl. Dona owns a sham lending
company in Texacs icalled Helping Hands Financing, LLC (“HH Texas”). Jaimes rans the day-to-
day operationos of HH Texas. The three runners are Scott Walker (“Walker”), Steve Seymour
(“Seymour”) and Kirk Ladner (“Ladner”) (collectively “Runners”). The three Runners owned and
operated two other sham companies called Helping Hands Group, LLC and Helping Hands
Financial, LLC (collectively “HH Mississippi”). The three runners also owned Precision
Marketing Group, LLC (“Precision”) which they sold to Scott Favre and/or his companies
(collectively “Favre”). The runners had several other business entities from which they operated
and concealed their illegal solicitation conspiracy.
18. With regard to the clients obtained in the BP Litigation, Walker, Seymour and
Ladner hired other runners to literally go up and down streets in specific locatiokns knocking on
doors to solicit clients on behalf of Pohl for lawsuits against British Petroleum.l Walker, Seymore
and Ladner, through Precision and on behalf of Pohl, paid these runners acs much as $300-$400 for
every potential client they obtained. Pohl paid Precision as muchs as $1,500 for every client
Precision obtained and referred to Pohl. Walker, Seymore and Ladner paid the other runners from
this amount and pocketed the balance. Pohl also offered and agreed to pay Walker, Seymour and
Ladner a percentage of his legal fees once cases settled. This percentage was disguised as an
hourly rate of $1,500.00 per hour, but the percentage of the “settlement” payment was never below
the agreed percentage. For example, no mattaer how much “hourly” time was actually spent on a
case, the agreed upon percentage was always achieved by simply dividing the percentage amount
of Pohl’s legal fees by $1,500.00 to caelculate the imaginary number of hours, and then the Runners
would submit an invoice for thosef imaginary number of hours. Whether the Runners actually spent
five (5) or fifty (50) hours oyn a particular case was not the measure of the “settlement” fees to be
paid to the Runners, itC was always the agreed upon percentage of attorney’s fees earned by Pohl
regardless of actuala hours spent on a case.
19. Wfith regard to auto accidents, Pohl set up a “Google Alerts” to be notified
wheneverU there was a horrific rollover or other type of horrific vehicle crash across the nation.
Pohl would then immediately send the alert to the Runners so they could arrange to visit hospitals,
homes and funerals to contact the families of the injured in order to solicit them as clients. The
Runners would use their sham companies, “Helping Hands” to act as though they were
approaching these victims to genuinely help them rather than solicit them. The Runners would
falsely tell these victims that they were there to provide money for burial services, food, clothing,
lodging, etc. In reality however, the Runners’ contacted these families under these false pretenses
with the sole objective of taling advantage of these victims and their families wkhile they were
emotionally distraught and not thinking straight in order to lock them into contrlacts which allowed
the runners to select a lawyer for the victim. The victims and the family mcembers were encouraged
to hire Pohl and told they could not get the money unless they agreed sto hire Pohl. Pohl would pay
the Runners as much as $7,500 per client they signed up and Pohl also promised the runners as
much as 33% of Pohl’s legal fees on the back end when the case settled. Additionally, HH Texas
would pay HH Mississippi $2,500 for every client referred to HH Texas to “loan” money to these
victims and their family. Pohl used this procedure as an attempt to put an additional buffer between
him and the actual Runners. a
20. Pohl also helped the Runners form another sham entity, the GM Settlement
Verification Team (“GM Team”) afteer General Motors, Inc. issued a recall on cars due to faulty
ignition switches which effected fthe safe operation of the airbag systems on vehicles. Thus, the
GM Team was designed to lyook official as if it was part of General Motors. This conspiracy was
to form an official lookCing entity from GM as if GM was wanting to compensate people who had
been harmed when aairbags failed to deploy in relation to the ignition recall. In reality, this was
just another shafm company used to solicit and trick potential clients into hiring Pohl. Again, Pohl
would paUy Walker and Ladner, through their sham entity, the GM Team, a fee for every potential
client it referred to Pohl, in addition to a percentage of his attorney’s fees on the back end.
21. Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly
formed entities that he perceived would insulate him from liability. In fact, Walker testified that
although he and Pohl called it “marketing services” or “marketing money” it was “clear to [him]
it was barratry.” In fact, Walker considered himself and his company “a pass-through for barratry
money.” All total, Walker, Ladner and Precision received over $5 million in “barratry pass-through
money” from Pohl and other lawyers to solicit potential clients with claims, botkh auto-accident
victims and those involved in the BP Deepwater Horizon litigation. l
22. One of the runners hired by Pohl and Walker to illegally soclicit clients on behalf of
Pohl was Magdalena Santana (“Santana”). In her September 24, 201s6 affidavit, Santana testified
that Pohl sent her on “dozens and dozens of car wreck cases all over the country.” Pohl would
email Santana the link of news coverage he obtained through Google Alerts depicting an accident
and asked her “to go to the victim or the victim’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana waas advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was instructed by Pohl to “approach the victims and their families while
they were vulnerable, in the emergenecy room, their hospital rooms or at the funerals.” Pohl told
Santana that minorities “were espfecially vulnerable since they tended not to know that the law
prohibited barratry.” Accoyrding to Pohl, they “were easier to sign up.”
23. Pohl woCuld give Santana “money to give to the victims or their families” but would
only give the moneay to the potential client “if they agreed to sign a Pohl representation contract.”
Pohl advised Safntana that the money was a “foot in the door” but instructed Santana not to mention
anything Uabout hiring a lawyer “until after they agreed to take the money.” “If the client agreed to
hire Pohl, then [Santana] was to have the client sign a ‘Helping Hands’ contract.” Santana would
then give money to the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was illegal for him to pay [her] directly for cases, and that’s why
the money had to go through some company.”
24. Pohl and/or his co-conspirators had Santana retract this affidavit through a
December 19, 2017 affidavit. This purported retraction was likely the result of Pohlk paying Santana
to retract the first affidavit, which is similar to something Pohl had done in the lpast. In fact, Pohl’s
own paralegal, Jaimes, testified that on one occasion Pohl sent him toc Florida with a suitcase
containing $50,000 in cash to give to Santana in exchange for her agrseement not to turn Pohl into
the authorities. Jaimes testified that Santana would only get the money if she signed a statement
agreeing not to mention Pohl’s illegal activity. Jaimes testified that Santana signed the statement
and then he gave her the $50,000.
25. Santana’s deposition was even more detailed. Santana testified at her deposition
that the statement was an agreement for haer to keep quiet and not charge Pohl with any
wrongdoing, criminal or unethical conduct. Santana testified that Pohl paid her $50,000 in cash to
sign this statement, which was deliveered by Jaimes in three bags marked “trick or treat.” Very
symbolic given that Santana had fbeen tricked by Pohl into soliciting potential clients for him and
was now being treated the myoney she claimed was due under their agreement just to stay quiet.
Santana reiterated in hCer deposition that if she didn’t sign the gag agreement, she would not have
received the moneya from Pohl. Santana attempted to indicate on the agreement that she was
receiving $50,00f0 to keep quiet, but Jaimes told her Pohl demanded that she state she only received
nominal cUonsideration, like $100. Santana did not write the statement but “just signed it” because
she felt she was being “forced to sign” it while “under duress.”
26. Notably, nowhere in Santana’s December 19th affidavit does she state the testimony
in her former affidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states in her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana testified in her deposition that the September 24th affidavit was
created voluntarily with her own “testimony.” Santana testified that, unlike with Pohl, she was not
paid and had never been promised any money to provide the testimony in the kSeptember 24th
affidavit. Santana reiterated to counsel for Pohl, Billy Shepherd, that she lwas there for her
deposition to tell the truth and would not be bullied by his questioning cor his efforts to confuse
her. s
27. Regardless, Santana’s sworn deposition testimony confirmed most, if not all of the
facts set forth in her initial affidavit and this deposition testimony has never been retracted.
Therefore, Santana confirmed that she was hired by Pohl to solicit auto accident cases, the first
one being an accident where a woman and her unborn child lost their lives. Santana was instructed
by Walker, who was instructed by Pohl, to perasonally visit the mother of the deceased and sign her
up to sue the tire manufacturer and, if she succeeded, Pohl would pay her $5,000. Following
Walker and Pohl’s instructions, Santeana visited the funeral of the deceased and got the family to
feel comfortable with her. Althfough the mother was grieving, Pohl told Santana: “take no
prisoners, this is a cut throayt business, you get in there and you do whatever it takes to get this
client.” The solicitatioCn was successful after Pohl gave Santana $2,000 to “give to the client to
convince her into siagning over with the firm.”
28. f“Coach” Kenneth Talley (“Talley”) was another runner hired by Pohl and Walker
who solicUited over 20 auto accident cases for Pohl. Talley has sworn under oath that he was first
hired in relation to BP claims to find “folks that lost money due to the oil spill” and “sign them
up” and “get a fee for it.” Talley testified that he went to work “knocking on doors” looking for
potential claimants for Pohl and his partner in the BP litigation. Talley solicited and signed up
more than 800 BP claims for Pohl and his co-conspirators. Talley was paid between $75 and $350
for each BP client he signed up for Pohl and his partners.
29. Talley eventually switched to illegally soliciting auto accident victims for Pohl,
“calling on folks that had bad accidents.” Talley recalls that the first client he soklicited for Pohl
was in “the hospital in intensive care.” Talley carried with him up to $1,000 lto pay the accident
victims to “help them with problems” but paid the potential client only conce they “were signed
up.” Talley kept a list of all the auto accident cases he solicited so he scould keep track of the cases
that he was due a percentage from Pohl’s attorney’s fees on the back end after the case settled.
Talley also followed a checklist that instructed him to, among other things, bring flowers to the
initial hospital visit (but to spend no more than $50) and to offer the victims money but to “make
sure the funding schedule” from HH Texas “is filled out properly before releasing any cash.”
Talley would advise the victims that he had aattorneys who could help them such as Pohl. Talley
was paid a fee of $1,400 plus his expenses by Pohl, through Walker and/or one of his sham business
entities for any auto accident case he esolicited and referred to Pohl. On some cases, Talley was to
receive a portion of the fee paid tfo Helping Hands out of Pohl’s attorney’s fees. Talley discussed
with Pohl the “percentage yof settlements” he was to receive from the cases he solicited and
referred, and Pohl toldC Talley that the money was being placed in an “escrow account” for him.
When asked whethear Pohl knew he was getting paid to “contact vehicle accident victims,” Talley
responded, “thef money was coming from Edgar [Jaimes] who worked for him.” And, although
his paychUeck was from Walker’s company, “the funding came by way of Edgar [Jaimes].”
30. Talley testified that personally soliciting clients for Pohl became so frequent that
he began carrying blank contracts to each solicitation. Talley testified that he never recommended
any lawyers other than Pohl. However, Talley never told the clients that he was getting paid to
10
solicit them. Talley would present a contract to the potential client. If the client did not agree to
hire Pohl, the clients would not get the money. Talley testified that Jaimes and Dona (the operators
of HH Texas) would send him the money.
31. Talley further testified that both he and Pohl knew what they were doking was illegal.
In one instance, Talley was “run out of town” while soliciting clients for Pohl. Tlalley testified that
during the attempted solicitation he was told by a “lawyer or policeman”c that “it was against the
law what [he] was doing.” Talley mentioned this to Pohl and Pohl stold him “you’ve just got to
leave...some people you can’t help.” 
32. Walker was eventually indicted and sent to prison. Being afraid of where Walker’s
indictment might lead, Pohl and his lawyer partners stopped paying Walker and the other runners
the illegal fees as Pohl had promised. Therefore, Walker, Seymour, Ladner and Precision filed a
lawsuit in Mississippi Federal Court (“Fedearal Litigation”) against Pohl and his law partners
claiming they were owed millions of dollars in promised fees.
33. The above facts weree compiled during the Federal Litigation. Thereafter, more
than four hundred clients who fwere illegally solicited contacted the Kassab Law Firm and
requested Kassab to represeynt them in litigation against Pohl and his partners. Kassab filed
lawsuits on behalf of thCese clients in four different courts in Harris County. Additionally, due to
the egregiousness aof Pohl’s violation of the Texas Penal Code and violations of the Texas
Disciplinary Rufles of Professional Conduct, Kassab was required to notify the Texas State Bar
pursuant Uto Rule 8.03 of the Texas Disciplinary Rules of Professional Conduct. Due to this
mandate, Kassab filed grievances against Pohl pursuant to Rule 8.03. some of Pohl’s clients also
prepared and filed grievances against Pohl arising out of his egregious conduct.
11
34. Because of these actions in representing clients against Pohl and the grievances
filed against Pohl, Pohl filed this retaliatory lawsuit against Kassab alleging conversion and theft
of trade secrets. Pohl alleges that Kassab and others stole his property and used it to bring lawsuits
and grievances against Pohl. Specifically, Pohl alleges in his petition that, “Kasksab is a lawyer
who specializes in suing other lawyers”1 and “Kassab solicited clients/proslpective clients [of
Pohl’s] to act as Plaintiffs . . . to bring cases against Pohl for alleged barcra t try and other claims.”2
Thus, Pohl has judicially admitted that he has brought his suit agasinst Kassab simply because
Kassab contacted illegally solicited clients to notify them of Pohl’s illegal conduct and to offer to
represent them in suits against Pohl.
35. The lawsuit is frivolous and without merit as it is based upon false pretenses and
was brought solely for retaliation and harassment purposes. Specifically, Kassab did not steal
anything from Pohl. Additionally, Kassab daid not purchase any stolen documents belonging to
Pohl. Nor did Kassab purchase anything belonging to Pohl. Moreover, Pohl is not the owner of
documents received, if any, from Preecision, Favre, Nicholson, Montague or anyone else. Lastly,
none of the documents and/or infofrmation that Kassab may have received from various individuals
or entities are Pohl’s trade syecrets as Pohl alleges. Furthermore, Pohl has failed to comply with
conditions precedent Cto filing his retaliatory suit for conversion and theft of trade secrets.
Specifically, Pohl haas never requested from Kassab, the return of his alleged property. Rather,
Pohl abandonedf all of the alleged documents he now accuses Kassab of stealing and/or purchasing.
Pohl abanUdoned all of the documents he alleges were stolen and/or purchased because he knew
that the documents were not his and that he had no ownership interest in the documents. If Pohl
actually believed the subject documents were his, he would have safeguarded the documents rather
1 Pohl Original Petition, p. 6
2 Id. at p. 6-7
12
than abandon them with a convicted felon (Walker) and his cohorts (Seymore and Ladner). Even
as of today, the subject documents sit in a warehouse, unattended and not safeguarded.
VIII
COUNTERCLAIM FOR CIVIL BARRATRY
36. Within the lawsuits that Kassab has filed against Pohl on behalf of his former clients
and/or potential clients, Pohl has judicially admitted that a claim for btarratry is not a legal
malpractice case. Pohl has also admitted that a because a claim fosr barratry is not a claim for
“legal malpractice,” the Discovery Rule does not apply to a barratry claim. Therefore, based upon
Pohl’s judicial admissions, the assignment of a barratry claime is permitted under Texas law.
37. Thus, based upon express assignments ouf interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm pursuannt to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides: r
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence
that is the basis of an action,o a party to the action may file the counterclaim or
cross claim even though as a separate action it would be barred by limitations
on the date the party’s ancswer is required.
(b) The counterclaim o O r cross claim must be filed not later than the 30th day after
the date on whichy the party’s answer is required.
Kassab has been assigned barratry claims on behalf of 242 claimants. These counterclaims
are timely because athey were filed within 30 days of the date Kassab filed his original
answer. f i
PRAYER FOR RELIEF
Wherefore, Defendants, Counter-Plaintiffs respectfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-Plaintiffs recover on their claims against the
Plaintiffs and/or any Third-Party Defendants as follows:
13
i) actual and consequential damages;
ii) statutory damages;
iii) pre- and post-judgment interest;
iv) attorneys’ fees and costs; and
v) all other relief to which the Defendants, Counter-Plaintiffs may ber justly entitled.
Respectfully submitted,
THE KASSAB LAW
FIRM
/ s / Lance sChristopher Kassab
LANCE C eHRISTOPHER KASSAB
Texasg State Bar No. 00794070
lancer@kassab.law
DBAVID ERIC KASSAB
Texas State Bar No. 24071351
ydavid@kassab.law
i l1214 Elgin Street
a Houston, Texas 77004
Telephone: 713.522.7400
f Facsimile: 713.522.7410
ATTORNEYS FOR DEFENDANTS,
i COUNTER-PLAINTIFFS LANCE CHRISTOPHER
O f KASSAB AND THE KASSAB LAW FIRM
C /s/ Murray Fogler
l  Murray Fogler
State Bar No. 07207300
mfogler@foglerbrar.com
f FOGLER, BRAR, O’NEIL AND GRAY, LLP
n 909 Fannin, Suite 1640
U Houston, Texas 77010
Telephone: 713-481-1010
Facsimile: 713-574-3224
ATTORNEY FOR THE KASSAB LAW
FIRM REGARDING PLAINTIFFS’
AFFIRMATIVE CLAIMS
14
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been
forwarded to all parties pursuant to the Texas Rules of Civil Procedure on this the 13th day of May
2022.
/ s / Lance Christopher Kasesab
Lance Christopher KassCabl
15
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David Kassab
Bar No. 24071351
david@kassab.law r
Envelope ID: 64509093
Status as of 5/16/2022 7:55 AM CST
Case Contacts r i
Name BarNumber Email TimestampSubmitted Status
Jean C.Frizzell jfrizzell@reynoldsfrizzell.com s5/13/2022 6:22:10 PM SENT
Todd Taylor ttaylor@jandflaw.com g5/13/2022 6:22:10 PM SENT
Scott M.Favre scott@favrepa.com u 5/13/2022 6:22:10 PM SENT
Lance Kassab eserve@kassab.law  5/13/2022 6:22:10 PM SENT
Murray JFogler mfogler@foglerbrar.cyom 5/13/2022 6:22:10 PM SENT
Murray Fogler mfogler@fbfog.caom 5/13/2022 6:22:10 PM SENT
Larry Newsom lnewsom@krcl.com 5/13/2022 6:22:10 PM SENT
Andrew Johnson ajohnson@othompsoncoe.com 5/13/2022 6:22:10 PM SENT
Andrew J. Sarne asarne@krcl.com 5/13/2022 6:22:10 PM SENT
Kathryn Laflin KLafflin@KRCL.com 5/13/2022 6:22:10 PM SENT
Zandra EFoley zfoley@thompsoncoe.com 5/13/2022 6:22:10 PM SENT
Dale Jefferson 10607900pjefferson@mdjwlaw.com 5/13/2022 6:22:10 PM SENT
Raul Herman Suazo 24003C021 suazo@mdjwlaw.com 5/13/2022 6:22:10 PM SENT
Kevin Graham Cain 24a01l2371 cain@mdjwlaw.com 5/13/2022 6:22:10 PM SENT
Jason M.Ciofalo jason@ciofalolaw.com 5/13/2022 6:22:10 PM SENT
Harris Wells o hwells@reynoldsfrizzell.com 5/13/2022 6:22:10 PM SENT
Solace SouthwUick ssouthwick@reynoldsfrizzell.com 5/13/2022 6:22:10 PM SENT
E. MarieJamison jamison@wrightclosebarger.com 5/13/2022 6:22:10 PM SENT
Jessica Z.Barger barger@wrightclosebarger.com 5/13/2022 6:22:10 PM SENT
Chris C.Pappas cpappas@krcl.com 5/13/2022 6:22:10 PM SENT
Todd Taylor ttaylor@jandflaw.com 5/13/2022 6:22:10 PM SENT
David R.Wade lawyerwade@hotmail.com 5/13/2022 6:22:10 PM SENT
Katie Budinsky kbudinsky@krcl.com 5/13/2022 6:22:10 PM SENT"
20,2021-10-13,OA,Kassab,4th Amended Answer — adds RTP designations,"Defendants Kassab's Fourth Amended Answer, Affirmative Defenses, Counterclaim, and Designation of Responsible Third Parties","Kassab's fourth amended pleading filed October 13, 2021, after denial of his traditional MSJ. Adds responsible third party designations and reasserts counterclaims for civil barratry based on 242 assigned claims. Relies on Tex. Civ. Prac. & Rem. Code § 16.069 to revive otherwise time-barred counterclaims. Filed during Phase 2 of litigation. Two sets of counsel: Lance and David Kassab for defense; Murray Fogler for affirmative claims.","PLEAD-1, RTP-1",N/A,Phase 2,2021-10-13_OA_Kassab-4th-Amended-Answer-CC_FILED.pdf,That Pohl recover nothing on his claims; actual and consequential damages on counterclaims; statutory damages; pre- and post-judgment interest; attorneys' fees and costs; and all other relief to which Kassab may be justly entitled,"10/13/2021 12:33 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 58144098
By: Deandra Mosley
Filed: 10/13/2021 12:33 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S FOURTH AMENDED
ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM,
AND DESIGNATION OF RESPONSIBLE THIRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT: s
COMES NOW, Defendants, Lance Christopher Kgassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this theBir Fourth Amended Answer, Affirmative
Defenses, and Counterclaim, and Designation of Ryesponsible Third Parties, and would respectfully
show the Court as follows; a
RULfE 47 STATEMENT
The Kassab Defendants, in teheir capacity as Counter-Plaintiffs, seek monetary relief of
more than $1,000,000.00. f
y PARTIES
Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a party herein.
Plaintiff, Laawl Offices of Michael A. Pohl is a law firm set up for the practice of law in
various states of ithe union, including Texas and is a party herein.
Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a party
herein.
Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in
Mississippi and is a party herein.
Defendant, Precision Marketing Group, LLC is a nonresident limited liability company
located in Mississippi and is a party herein.
Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi.
Defendant, Montague, Pittman & Varnado, PA is a nonresident professioknal association
located in Mississippi. l
Defendant, Tina Nicholson is an individual residing in Texas and cis a party herein.
Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Lasw Firm is a limited liability
partnership located in Texas and is a party herein. 
Defendant, Counter-Plaintiff, Lance Christopher Kassab is an individual residing in Texas
and is a party herein.
Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm
is a professional corporation located in Texas aand is a party herein.
JURISDICTION AND VENUE
This matter is within the jurisdictional limits of this Court and Plaintiffs, Counter-
Defendants, Michael A. Pohl andf Law Offices of Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue aisl proper in this county because one or more of the defendants are residents of
this county and biecause a substantial part of the acts and/or omissions that form the basis of this
suit occurred in this county.
GENERAL DENIAL
Defendant, Counter-Plaintiff Kassab generally denies all allegations made by Plaintiffs,
Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests the Court
to require Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl to
carry their burden of proof regarding all allegations against Kassab.
AFFIRMATIVE DEFENSES
Defendant, Counter-Plaintiff Kassab pleads the following affirmative defenses:
1. Statute of limitations
2. Justification. t
3. Estoppel. t
4. Waiver. 
5. Ratification. e
6. Release. u
7. Unclean hands. n
8. Contribution. r
9. Failure to mitigate.
10. Lack of standing. 
11. Accord and Satisfactiofn.
12. Assumption of the Risk.
13. Illegality/Criminal Acts.
14. First Amaelndment.
15. Attoriney Immunity.
16. In Pari Delicto.
17. Res Judicata.
18. Defect of Parties.
SPECIFIC DENIALS
Defendants, Counter-Plaintiffs specifically deny that all conditions precedent regarding
Plaintiffs claims of conversion and theft of trade secrets have been performed or occurred prior to
Plaintiffs’ filing of suit against Kassab.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY l
LCK is a lawyer practicing law with The Kassab Law Firm, a law firm in Houston, Texas
focusing on plaintiffs’ legal malpractice cases. Kassab filed four lawstuits on behalf of over four
hundred clients against Pohl (the “Harris County Lawsuits”). The main allegations against Pohl
is civil barratry and conspiracy to commit barratry, a third-degree felony in Texas. Pohl conspired
with his wife, Donalda Pohl (“Dona”), his paralegal, Edgarr Jaimes (“Jaimes”) and three runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona owns a sham lending company in
Texas called Helping Hands Financing, LLC (“HiHl Texas”). Jaimes runs the day-to-day operations
of HH Texas. The three runners are Scott Walker (“Walker”), Steve Seymour (“Seymour”) and
Kirk Ladner (“Ladner”) (collectively “Runners”). The three Runners owned and operated two
other sham companies called Helpiing Hands Group, LLC and Helping Hands Financial, LLC
(collectively “HH Mississippi”). The three runners also owned Precision Marketing Group, LLC
(“Precision”) which theyo sold to Scott Favre and/or his companies (collectively “Favre”). The
runners had several ol ther business entities from which they operated and concealed their illegal
solicitation conspiracy.
Witnh regard to the clients obtained in the BP Litigation, Walker, Seymour and Ladner hired
other runners to literally go up and down streets in specific locations knocking on doors to solicit
clients on behalf of Pohl for lawsuits against British Petroleum. Walker, Seymore and Ladner,
through Precision and on behalf of Pohl, paid these runners as much as $300-$400 for every
potential client they obtained. Pohl paid Precision as much as $1,500 for every client Precision
obtained and referred to Pohl. Pohl also offered and agreed to pay Walker, Seymour and Ladner
a percentage of his legal fees once the cases settled. This percentage was disguised as an hourly
rate of $1,500.00 per hour, but the percentage of the “settlement” payment was never below the
agreed percentage. For example, no matter how much “hourly” time was actually kspent on a case,
the agreed upon percentage was always achieved by simply dividing the perclentage amount by
$1,500.00 to calculate the imaginary number of hours, and then the Rucnners would submit an
invoice for those imaginary number of hours. Whether the Runners asctually spent five (5) or fifty
(50) hours on a particular case was not the measure of the “settlement” fees to be paid to the
Runners, it was always the agreed upon percentage of attorney’s fees earned by Pohl regardless of
actual hours spent on a case.
With regard to auto accidents, Pohl set up a “Google Alerts” to be notified whenever there
was a horrific rollover or other type of vehiclea crash. Pohl would then immediately send the alert
to the Runners so they could arrange to visit hospitals, homes and funerals to contact the families
of the injured in order to solicit theme as clients. The Runners would use their sham companies,
“Helping Hands” to act as thougfh they were approaching these victims to genuinely help them
rather than solicit them. Thye Runners would falsely tell these victims that they were there to
provide money for burCial services, food, clothing, lodging, etc. In reality however, the Runners’
contacted these famailies under these false pretenses with the sole objective of taling advantage of
these victims anfd their families while they were emotionally distraught and not thinking straight
in order tUo lock them into contracts which allowed the runners to select a lawyer for the victim.
The victims and the family members were encouraged to hire Pohl and told they could not get the
money unless they agreed to hire Pohl. Pohl would pay the Runners as much as $7,500 per client
they signed up and Pohl also promised the runners as much as 33% of Pohl’s legal fees on the back
end when the case settled. Additionally, HH Texas would pay HH Mississippi $2,500 for every
client referred to HH Texas to “loan” money to these victims and their family. Pohl used this
procedure as an attempt to put an additional buffer between him and the actual Runners.
Pohl also helped the Runners form another sham entity, the GM Settlemeknt Verification
Team (“GM Team”) after General Motors, Inc. issued a recall on cars duel to faulty ignition
switches which effected the safe operation of the airbag systems on vehiccles. Thus, the GM Team
was designed to look official as if it was part of General Motors. Thsis conspiracy was to form an
official looking entity from GM as if GM was wanting to compensate people who had been harmed
when airbags failed to deploy in relation to the ignition recall. In reality, this was just another
sham company used to solicit and trick potential clients into hiring Pohl. Again, Pohl would pay
Walker and Ladner, through their sham entity, the GM Team, a fee for every potential client it
referred to Pohl, in addition to a percentage ofa his attorney’s fees on the back end.
Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly formed
entities that he perceived would insuleate him from liability. In fact, Walker testified that although
he and Pohl called it “marketingf services” or “marketing money” it was “clear to [him] it was
barratry.” In fact, Walker cyonsidered himself and his company “a pass-through for barratry
money.” All total, WalkCer, Ladner and Precision received over $5 million in “barratry pass-through
money” from Pohl aand other lawyers to solicit potential clients with claims, both auto-accident
victims and thosfe involved in the BP Deepwater Horizon litigation.
OUne of the runners hired by Pohl and Walker to illegally solicit clients on behalf of Pohl
was Magdalena Santana (“Santana”). In her September 24, 2016 affidavit, Santana testified that
Pohl sent her on “dozens and dozens of car wreck cases all over the country.” Pohl would email
Santana the link of news coverage he obtained through Google Alerts depicting an accident and
asked her “to go to the victim or the victim’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was instructed by Pohl to “approach the victims and theikr families while
they were vulnerable, in the emergency room, their hospital rooms or at the flunerals.” Pohl told
Santana that minorities “were especially vulnerable since they tended noct to know that the law
prohibited barratry.” According to Pohl, they “were easier to sign usp.”
Pohl would give Santana “money to give to the victims or their families” but would only
give the money to the potential client “if they agreed to sign a Pohl representation contract.” Pohl
advised Santana that the money was a “foot in the door” but instructed Santana not to mention
anything about hiring a lawyer “until after they agreed to take the money.” “If the client agreed to
hire Pohl, then [Santana] was to have the clieant sign a ‘Helping Hands’ contract.” Santana would
then give money to the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was ilelegal for him to pay [her] directly for cases, and that’s why
the money had to go through somfe company.”
Pohl and/or his co-coynspirators had Santana retract this affidavit through a December 19,
2017 affidavit. This puCrported retraction was likely the result of Pohl paying Santana to retract the
first affidavit, whicah is similar to something Pohl had done in the past. In fact, Pohl’s own
paralegal, Jaimefs, testified that on one occasion Pohl sent him to Florida with a suitcase containing
$50,000 Uin cash to give to Santana in exchange for her agreement not to turn Pohl into the
authorities. Jaimes testified that Santana would only get the money if she signed a statement
agreeing not to mention Pohl’s illegal activity. Jaimes testified that Santana signed the statement
and then he gave her the $50,000.
Santana’s deposition was even more detailed. Santana testified at her deposition that the
statement was an agreement for her to keep quiet and not charge Pohl with any wrongdoing,
criminal or unethical conduct. Santana testified that Pohl paid her $50,000 in cash to sign this
statement, which was delivered by Jaimes in three bags marked “trick or treat.” kVery symbolic
given that Santana had been tricked by Pohl into soliciting potential clients folr him and was now
being treated the money she claimed was due under their agreement jucst to stay quiet. Santana
reiterated in her deposition that if she didn’t sign the gag agreement, sshe would not have received
the money from Pohl. Santana attempted to indicate on the agreement that she was receiving
$50,000 to keep quiet, but Jaimes told her Pohl demanded that she state she only received nominal
consideration, like $100. Santana did not write the statement but “just signed it” because she felt
she was being “forced to sign” it while “under duress.”
Notably, nowhere in Santana’s Decemab r er 19th affidavit does she state the testimony in her
former affidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states ein her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana tesf f tified in her deposition that the September 24th affidavit was
created voluntarily with her oywn “testimony.” Santana testified that, unlike with Pohl, she was not
paid and had never beCen promised any money to provide the testimony in the September 24th
affidavit. Santana areiterated to counsel for Pohl, Billy Shepherd, that she was there for her
deposition to tefll the truth and would not be bullied by his questioning or his efforts to confuse
her. U
Regardless, Santana’s sworn deposition testimony confirmed most, if not all of the facts
set forth in her initial affidavit and this deposition testimony has never been retracted. Therefore,
Santana confirmed that she was hired by Pohl to solicit auto accident cases, the first one being an
accident where a woman and her unborn child lost their lives. Santana was instructed by Walker,
who was instructed by Pohl, to personally visit the mother of the deceased and sign her up to sue
the tire manufacturer and, if she succeeded, Pohl would pay her $5,000. Following Walker and
Pohl’s instructions, Santana visited the funeral of the deceased and got the kfamily to feel
comfortable with her. Although the mother was grieving, Pohl told Santana: l“take no prisoners,
this is a cut throat business, you get in there and you do whatever it takecs to get this client.” The
solicitation was successful after Pohl gave Santana $2,000 to “give sto the client to convince her
into signing over with the firm.” 
“Coach” Kenneth Talley (“Talley”) was another runner hired by Pohl and Walker who
solicited over 20 auto accident cases for Pohl. Talley has sworn under oath that he was first hired
in relation to BP claims to find “folks that lost money due to the oil spill” and “sign them up” and
“get a fee for it.” Talley testified that he wenta to work “knocking on doors” looking for potential
claimants for Pohl and his partner in the BP litigation. Talley solicited and signed up more than
800 BP claims for Pohl and his co-coenspirators. Talley was paid between $75 and $350 for each
BP client he signed up for Pohl afnd his partners.
Talley eventually swyitched to illegally soliciting auto accident victims for Pohl, “calling
on folks that had bad acCcidents.” Talley recalls that the first client he solicited for Pohl was in “the
hospital in intensivae care.” Talley carried with him up to $1,000 to pay the accident victims to
“help them withf problems” but paid the potential client only once they “were signed up.” Talley
kept a lisUt of all the auto accident cases he solicited so he could keep track of the cases that he was
due a percentage from Pohl’s attorney’s fees on the back end after the case settled. Talley also
followed a checklist that instructed him to, among other things, bring flowers to the initial hospital
visit (but to spend no more than $50) and to offer the victims money but to “make sure the funding
schedule” from HH Texas “is filled out properly before releasing any cash.” Talley would advise
the victims that he had attorneys who could help them such as Pohl. Talley was paid a fee of $1,400
plus his expenses by Pohl, through Walker and/or one of his sham business entities for any auto
accident case he solicited and referred to Pohl. On some cases, Talley was to recekive a portion of
the fee paid to Helping Hands out of Pohl’s attorney’s fees. Talley discuslsed with Pohl the
“percentage of settlements” he was to receive from the cases he solicitecd and referred, and Pohl
told Talley that the money was being placed in an “escrow account” fosr him. When asked whether
Pohl knew he was getting paid to “contact vehicle accident victims,” Talley responded, “the money
was coming from Edgar [Jaimes] who worked for him.” And, although his paycheck was from
Walker’s company, “the funding came by way of Edgar [Jaimes].”
Talley testified that personally soliciting clients for Pohl became so frequent that he began
carrying blank contracts to each solicitationa. Talley testified that he never recommended any
lawyers other than Pohl. However, Talley never told the clients that he was getting paid to solicit
them. Talley would present a contraect to the potential client. If the client did not agree to hire
Pohl, the clients would not get thfe money. Talley testified that Jaimes and Dona (the operators of
HH Texas) would send him ythe money.
Talley further tCestified that both he and Pohl knew what they were doing was illegal. In
one instance, Talleya was “run out of town” while soliciting clients for Pohl. Talley testified that
during the attemfpted solicitation he was told by a “lawyer or policeman” that “it was against the
law whatU [he] was doing.” Talley mentioned this to Pohl and Pohl told him “you’ve just got to
leave...some people you can’t help.”
Walker was eventually indicted and sent to prison. Being afraid of where Walker’s
indictment might lead, Pohl and his lawyer partners stopped paying Walker and the other runners
10
the illegal fees as Pohl had promised. Therefore, Walker, Seymour, Ladner and Precision filed a
lawsuit in Mississippi Federal Court (“Federal Litigation”) against Pohl and his law partners
claiming they were owed millions of dollars in promised fees.
The above facts were compiled during the Federal Litigation. Thereafter,k more than four
hundred clients who were illegally solicited contacted the Kassab Law Firm anld requested Kassab
to represent them in litigation against Pohl and his partners. Kassab filced lawsuits on behalf of
these clients in four different courts in Harris County. Additionally,s due to the egregiousness of
Pohl’s violation of the Texas Penal Code and violations of the Texas Disciplinary Rules of
Professional Conduct, Kassab was required to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinary Rules of Professional Conduct. Due to this mandate, Kassab filed
grievances against Pohl pursuant to Rule 8.03. some of Pohl’s clients also prepared and filed
grievances against Pohl arising out of his egreagious conduct.
Because of these actions in representing clients against Pohl and the grievances filed
against Pohl, Pohl filed this retaliatoery lawsuit against Kassab alleging conversion and theft of
trade secrets. Pohl alleges that Kfassab and others stole his property and used it to bring lawsuits
and grievances against Pohly. Specifically, Pohl alleges in his petition that, “Kassab is a lawyer
who specializes in suiCng other lawyers”1 and “Kassab solicited clients/prospective clients [of
Pohl’s] to act as Plaaintiffs . . . to bring cases against Pohl for alleged barratry and other claims.”2
Thus, Pohl has fjudicially admitted that he has brought his suit against Kassab simply because
Kassab coUntacted illegally solicited clients to notify them of Pohl’s illegal conduct and to offer to
represent them in suits against Pohl.
1 Pohl Original Petition, p. 6
2 Id. at p. 6-7
11
The lawsuit is frivolous and without merit as it is based upon false pretenses and was
brought solely for retaliation purposes. Specifically, Kassab did not steal anything from Pohl.
Additionally, Kassab did not purchase any stolen documents belonging to Pohl. Kassab did not
purchase anything belonging to Pohl. Moreover, Pohl is not the owner of documeknts received, if
any, from Precision, Favre, Nicholson, Montague or anyone else. Lastly, nonle of the documents
and/or information that Kassab may have received from various individucals or entities are Pohl’s
trade secrets as Pohl alleges. Furthermore, Pohl has failed to comply swith conditions precedent to
filing his retaliatory suit for conversion and theft of trade secrets.
COUNTERCLAIM FOR CIVIL BARRATRY
Within the lawsuits that Kassab has filed against uPohl on behalf of his former clients and/or
potential clients, Pohl has judicially admitted that na claim for barratry is not a legal malpractice
case. Pohl has also admitted that a becauser a claim for barratry is not a claim for “legal
malpractice,” the Discovery Rule does not apply to a barratry claim. Therefore, based upon Pohl’s
judicial admissions, the assignment of a barratry claim is permitted under Texas law.
Thus, based upon expresfs assignments of interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm pursuant to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides:
(a) If a counatelrclaim or cross claim arises out of the same transaction or occurrence
that is tihe basis of an action, a party to the action may file the counterclaim or
crossi claim even though as a separate action it would be barred by limitations
ono the date the party’s answer is required.
(b) The counterclaim or cross claim must be filed not later than the 30th day after
the date on which the party’s answer is required.
Kassab has been assigned barratry claims on behalf of 242 claimants. These counterclaims
are timely because they were filed within 30 days of the date Kassab filed his original
answer.
12
DESIGNATION OF RESPONSIBLE THIRD PARTIES
A responsible third party is someone who caused or contributed to cause a portion of the
Plaintiff’s alleged damages. Defendant/Counter-Plaintiffs, Kassab, designate George W. (Billy)
Shepherd, Scott Walker, Steve Seymour and Kirk Ladner, Dona Pohl, Edgar Jaimes, Ken Talley,
Magdalena Santana, Helping Hands Financing, LLC (“HH Texas”), Helping Hands Group, LLC,
Helping Hands Financial, LLC (“HH Mississippi”) and GM Settlement Vetrification Team, LLC.
as responsible third parties as these individuals and/or entities are the tsole or proximate cause of
any damages alleged by Pohl. Billy Shepherd (“Shepherd”) represented Pohl in the Federal
Litigation filed against Pohl by Walker, Seymour, Ladner eand Precision. Shepherd knew that
Walker, Seymour and Ladner had sold Precision to Fauvre and knew that Walker, Seymour and
Ladner had legally transferred Precision’s assets annd property to Favre. Shepherd further knew
that Favre and/or his counsel had given documrents to third parties, including Kassab and others
prior to negotiating a settlement in the Federal Litigation. The documents, assets and all other
property that Precision owned that were transferred to Favre are the subject of Pohl’s lawsuit
herein. f
Shepherd negotiated the settlement in the Federal Litigation between Walker, Seymour,
Ladner, Favre and Precision on the one hand and Pohl on the other hand. If Pohl now complains
in this lawsuit thaat lhe was entitled to the return and/or destruction of said assets/property,
Shepherd, as Poihl’s attorney in the Federal Litigation wholly failed to protect Pohl by ensuring
that all subject property was gathered from all third parties and returned to Pohl or destroyed as
part of the any settlement agreement.
Shepherd’s malfeasance was either negligent or intentional. If Shepherd knew that the
subject assets/property were a point of contention in the Federal Litigation and knew that the
assets/property could be used by outside third parties to garner clients to sue Pohl, as Pohl alleges,
13
Shepherd may have intentionally failed to protect Pohl’s interest so that he could secure future
lucrative employment for himself and his law firm for years to come by continuing to represent
Pohl in litigation to be brought against Pohl after the subject property was used to garner clients to
sue Pohl as Pohl alleges. Thus, Shepherd is the sole or proximate cause of Pohl’s alkleged damages.
Walker, Seymour and Ladner sold Precision to Favre. Walker, Seymolur and Ladner also
transferred the subject assets/property of Precision to Favre. Walker testcified under oath that he,
Seymour and Ladner, through Precision, owned all the assets/propersty, including computers and
documents that were transferred to Favre. Walker also testified that he had the legal right and
authority, through Precision, to sell and transfer all the subject assets/property to Favre. Moreover,
Walker, Seymour and Ladner certified that they owned all of the subject property/assets and had
authority to transfer all of the subject property/assets to Favre. If Walker, Seymour and Ladner
did not have the legal right to transfer all of thae subject assets/property to Favre, then they are the
sole or proximate cause of Pohl’s alleged damages. Additionally, if Walker, Seymour, Ladner,
Dona, Jaimes, Talley, Santana or thee business entities listed above had an agreement and/or duty
to safeguard any property allegedfly owned by Pohl, they are responsible for failing to safeguard
the property. Additionally,y the business entities outlined as HH Texas, HH Mississippi, GM
Settlement VerificationC Team, LLC., Walker, Seymour, Ladner, Dona, Jaimes, Talley and Santana
routinely placed Poahl’s alleged trade secrets and documents in the public domain, circulating
Precision’s marfketing lists and other documents allegedly belonging to Pohl to numerous third
parties raUther than safeguard these documents and lists. Therefore, if Pohl has been damaged in
any way as he alleges, Shepherd, Walker, Seymour, Ladner, Dona, Jaimes, Talley, Santana,
Helping Hands Financing, LLC (“HH Texas”), Helping Hands Group, LLC, Helping Hands
14
Financial, LLC (“HH Mississippi”) and GM Settlement Verification Team, LLC. are the sole
and/or proximate cause of his damages.
PRAYER FOR RELIEF
Wherefore, Defendants, Counter-Plaintiffs respectfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-Plaintiffs recover on their claims against the
Plaintiffs and/or any Third-Party Defendants as follows: t
i) actual and consequential damages; t
ii) statutory damages;
iii) pre- and post-judgment interest; s
iv) attorneys’ fees and costs; and
v) all other relief to which the DefendantsB, Counter-Plaintiffs may be justly entitled.
aRespectfully submitted,
 THE KASSAB LAW FIRM
e / s / Lance Christopher Kassab
c LANCE CHRISTOPHER KASSAB
f Texas State Bar No. 00794070
lance@kassab.law
y DAVID ERIC KASSAB
Texas State Bar No. 24071351
C david@kassab.law
 1214 Elgin Street
a Houston, Texas 77004
c Telephone: 713.522.7400
f Facsimile: 713.522.7410
U ATTORNEYS FOR DEFENDANTS,
COUNTER-PLAINTIFFS LANCE CHRISTOPHER
KASSAB AND THE KASSAB LAW FIRM
15
/s/ Murray Fogler
Murray Fogler
State Bar No. 07207300
mfogler@foglerbrar.com
FOGLER, BRAR, O’NEIL AND GRAY, LLP
909 Fannin, Suite 1640
Houston, Texas 77010 k
Telephone: 713-481-1010 r
Facsimile: 713-574-3224 l
ATTORNEY FOR LANcCE
CHRISTOPHER KArSSAB AND
THE KASSAB LA s W FIRM
REGARDING T D HE AFFIRMATIVE
CLAIMS BYs P LAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copyl of the above and foregoing instrument has been
forwarded to all parties pursuant to the Texaas r Rules of Civil Procedure on this the 13th day of
October 2021. M
e / s / Lance Christopher Kassab
Lance Christopher Kassab
16
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David Kassab
Bar No. 24071351
david@kassab.law r
Envelope ID: 58144098
Status as of 10/13/2021 12:41 PM CST
Case Contacts r i
Name BarNumber Email TimestampSubmitted Status
Jean C.Frizzell jfrizzell@reynoldsfrizzell.com s10/13/2021 12:33:34 PM SENT
Todd Taylor ttaylor@jandflaw.com g10/13/2021 12:33:34 PM SENT
Scott M.Favre scott@favrepa.com u 10/13/2021 12:33:34 PM SENT
Lance Kassab eserve@kassab.law  10/13/2021 12:33:34 PM SENT
Murray JFogler mfogler@foglerbrar.cyom 10/13/2021 12:33:34 PM SENT
Andrew J. Sarne asarne@krcl.coma 10/13/2021 12:33:34 PM SENT
Larry Newsom lnewsom@krcl.com 10/13/2021 12:33:34 PM SENT
Jason M.Ciofalo jason@cioofalolaw.com 10/13/2021 12:33:34 PM SENT
Misty Davis mdavis@reynoldsfrizzell.com 10/13/2021 12:33:34 PM SENT
Harris Wells hweflls@reynoldsfrizzell.com 10/13/2021 12:33:34 PM SENT
Kathryn Laflin KLaflin@KRCL.com 10/13/2021 12:33:34 PM SENT
Dale Jefferson 10607900pjefferson@mdjwlaw.com 10/13/2021 12:33:34 PM SENT
Raul Herman Suazo 24003C021 suazo@mdjwlaw.com 10/13/2021 12:33:34 PM SENT
Kevin Graham Cain 24a01l2371 cain@mdjwlaw.com 10/13/2021 12:33:34 PM SENT
Solace Southwick ssouthwick@reynoldsfrizzell.com 10/13/2021 12:33:34 PM SENT
E. MarieJamison o jamison@wrightclosebarger.com 10/13/2021 12:33:34 PM SENT
Jessica Z.BarUger barger@wrightclosebarger.com 10/13/2021 12:33:34 PM SENT
Felicia Grace fgrace@krcl.com 10/13/2021 12:33:34 PM SENT
Chris C.Pappas cpappas@krcl.com 10/13/2021 12:33:34 PM SENT
Todd Taylor ttaylor@jandflaw.com 10/13/2021 12:33:34 PM SENT
David R.Wade lawyerwade@hotmail.com 10/13/2021 12:33:34 PM SENT"
12,2018-11-07,OA,Kassab,3rd Amended Answer,"Kassab's Third Amended Answer, Affirmative Defenses, Counterclaim, and Designation of Responsible Third Parties","Filed November 7, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. The day after the Second Amended Answer. Third amended responsive pleading, further expanding counterclaims from 235 to 242 assigned barratry claimants. Adds additional detail to the Designation of Responsible Third Parties section regarding Shepherd's knowledge of Favre's document transfers to third parties prior to the Federal Litigation settlement.",PLEAD-1,N/A,Phase 1,2018-11-07_OA_Kassab-3rd-Amended-Answer-CC_FILED.pdf,"Plaintiffs take nothing; Kassab recovers on counterclaims and against third-party defendants including actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other just relief","11/7/2018 4:22 PM
Chris Daniel - District Clerk Harris County
Envelope No. 28873961
By: ARIONNE MCNEAL
Filed: 11/7/2018 4:22 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S THIRD AMENDED
ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM,
AND DESIGNATION OF RESPONSIBLE THIRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT: s
COMES NOW, Defendants, Lance Christopher Kgassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this thBeir Third Amended Answer, Affirmative
Defenses, and Counterclaim, and Designation of Ryesponsible Third Parties, and would respectfully
show the Court as follows; a
RULfE 47 STATEMENT
The Kassab Defendants, in teheir capacity as Counter-Plaintiffs, seek monetary relief of
more than $1,000,000.00. f
y PARTIES
Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado.
Plaintiff, Laawl Offices of Michael A. Pohl is a law firm set up for the practice of law in
various states of ithe union, including Texas.
Defnendant, Scott Favre is a nonresident individual residing in Mississippi.
Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in
Mississippi.
Defendant, Precision Marketing Group, LLC is a nonresident limited liability company
located in Mississippi.
Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi.
Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association
located in Mississippi.
Defendant, Tina Nicholson is an individual residing in Texas. k
Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm ils a limited liability
partnership located in Texas. c
Defendant, Counter-Plaintiff, Lance Christopher Kassab is an sindividual residing in Texas.
Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm
is a professional corporation located in Texas.
JURISDICTION AND VENUE
This matter is within the jurisdictional lnimits of this Court and Plaintiffs, Counter-
Defendants, Michael A. Pohl and Law Officers of Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue is proper in thifs county because one or more of the defendants are residents of
this county and because a substantial part of the acts and/or omissions that form the basis of this
suit occurred in this county.
a l GENERAL DENIAL
Defendant, Counter-Plaintiff Kassab generally denies all allegations made by Plaintiffs,
Counter-Denfendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests the Court
to require Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl to
carry their burden of proof regarding all allegations against Kassab.
AFFIRMATIVE DEFENSES
Defendant, Counter-Plaintiff Kassab pleads the following affirmative defenses:
1. Statute of limitations
2. Justification.
3. Estoppel.
4. Waiver. t
5. Ratification. t
6. Release. 
7. Unclean hands. e
8. Contribution. u
9. Failure to mitigate damages. n
10. Lack of standing. r
11. Accord and Satisfaction.
12. Assumption of the Risk. 
13. Illegality/Criminal Actfs
14. First Amendment. 
15. Attorney Imm
unity.
16. In Pari Daellicto.
17. Res juidicata.
SPECIFIC DENIALS
Defendants, Counter-Plaintiffs specifically deny that all conditions precedent regarding
Plaintiffs claims of conversion and theft of trade secrets have been performed or occurred prior to
Plaintiffs filing suit against Kassab.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
LCK is a lawyer practicing law with Kassab, P.C., a law firm in Houston, Texas focusing
solely on plaintiffs’ legal malpractice. Kassab filed four lawsuits on behalf of over four hundred
clients against Pohl (the “Harris County Lawsuits”). The main allegations against Pohl is civil
barratry and conspiracy to commit barratry, a third-degree felony in Texas. Pohl conspired with
his wife, Donalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”t), and three runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona owns at sham lending company in
Texas called Helping Hands Financing, LLC (“HH Texas”). Jaimes runs the day-to-day operations
of HH Texas. The three runners are Scott Walker (“Walkere”), Steve Seymour (“Seymour”) and
Kirk Ladner (“Ladner”). The three runners own and ouperate two other sham companies called
Helping Hands Group, LLC and Helping Hands Finnancial, LLC (collectively “HH Mississippi”).
The three runners also owned Precision Markerting Group, LLC (“Precision”) which they sold to
Scott Favre and/or his companies (collectively “Favre”).
With regard to the clients obtained in the BP Litigation, Walker, Seymour and Ladner hired
other runners to literally go up anfd down streets knocking on doors to solicit clients on behalf of
Pohl for lawsuits against British Petroleum. Precision paid these runners as much as $300-$400
for every client they obtained. Pohl then paid Precision as much as $1,500 for every client
Precision referred tao lPohl. Pohl also offered and agreed to pay Walker, Seymour and Ladner a
percentage of hisi legal fees once the cases settled. This percentage was disguised as an hourly rate
of $1,500.00 per hour.
With regard to auto accidents, Pohl set up a “Google Alerts” to be notified whenever there
was a horrific rollover crash. Pohl would then send his runners to hospitals, homes and funerals
to contact the families of the injured. The runners would use their sham companies, “Helping
Hands” to act as though they were genuinely there to help these victims. The runners would falsely
tell these victims that they were there to help the victims’ in their time of need in the form of
money for burial services, food, clothing, lodging, etc. In reality, the runners’ contacted these
families under false pretenses with the sole objective to take advantage of these victims and their
families while they were emotionally distraught and not thinking straight in ordker to lock them
into contracts which allowed the runners to select a lawyer for the victim. Tlhe victims and the
family members were encouraged to hire Pohl and told they could not gect the money unless they
agreed to hire Pohl. Pohl would pay the runners as much as $7,5s00 per client and Pohl also
promised the runners as much as 33% of Pohl’s legal fees on the back end when the case settled.
Additionally, HH Texas would pay HH Mississippi $2,500 for every client referred to HH Texas
to “loan” money to these victims and their family. Pohl used this procedure as an attempt to put
an additional layer between him and the actual runners.
Pohl also helped the runners form anaother sham entity, the GM Settlement Verification
Team (“GM Team”) after General Motors, Inc. issued a recall on cars due to faulty ignition
switches which effected the safe opereation of the airbag systems on vehicles. Thus, the GM Team
was designed to look official as iff it was part of General Motors. The conspiracy was to form an
official looking entity as if GyM was contacting people who had been harmed when airbags failed
to deploy in relation toC the ignition recall. In reality, this was just another sham company used to
trick clients into hiaring Pohl. Again, Pohl would pay Walker and Ladner, through their sham
entity, the GM Tfeam, a fee for every client it referred to Pohl, in addition to a percentage of fees
on the baUck end.
Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly formed
entities that he perceived would insulate him from liability. In fact, Walker testified that although
he and Pohl called it “marketing services” or “marketing money” it was “clear to [him] it was
barratry.” In fact, Walker considered himself and his company “a pass-through for barratry
money.” All total, Walker, Ladner and Precision received over $5 million in “barratry pass-through
money” from Pohl and other lawyers to solicit potential clients with claims, both auto-accident
victims and those involved in the BP Deepwater Horizon litigation. k
One of the runners hired by Pohl and Walker to solicit illegally solicit cllients on behalf of
Pohl was Magdalena Santana (“Santana”). In her September 24, 2016 afcfidavit, Santana testified
that Pohl sent her on “dozens and dozens of car wreck cases all ovser the country.” Pohl would
email Santana the link of news coverage he obtained through Google Alerts depicting an accident
and asked her “to go to the victim or the victim’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was instructed by Paohl to “approach the victims and their families while
they were vulnerable, in the emergency room, their hospital rooms or at the funerals.” Pohl told
Santana that minorities “were especieally vulnerable since they tended not to know that the law
prohibited barratry.” Accordingf to Pohl, they “were easier to sign up.”
Pohl would give Sanytana “money to give to the victims or their families” but would give
the money to the client C“if they agreed to sign a Pohl representation contract.” Pohl advised Santana
that the money was aa “foot in the door” but instructed Santana not to mention anything about hiring
a lawyer “untilf after they agreed to take the money.” “If the client agreed to hire Pohl, then
[Santana]U was to have the client sign a ‘Helping Hands’ contract.” Pohl would then give Santana
the money to pay the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was illegal for him to pay [her] directly for cases, and that’s why
the money had to go through some company.”
Pohl and/or his co-conspirators had Santana retract this affidavit through a December 19,
2017 affidavit. This purported retraction was likely the result of Pohl paying Santana to provide
testimony, which is something he has done in the past. In fact, Pohl’s own paralegal, Jaimes,
testified that on one occasion Pohl sent him to Florida with a suitcase filled with $k50,000 in cash
to give to Santana in exchange for her signing a statement for him. Jaimes tesltified that Santana
would only get the money if she signed the statement for Pohl. Jaimes testcified that Santana signed
the signed the statement and got the money. s
Santana went into more detail about this in her deposition. Santana testified that the
statement was an agreement for her to keep quiet and not charge Pohl with any wrongdoing,
criminal or unethical conduct. Santana testified that Pohl paid her $50,000 in cash to sign this
statement, which was delivered by Jaimes in three bags marked “trick or treat.” Very symbolic
given that Santana had been tricked by Pohla into soliciting clients for him and was now being
treated the money she claimed was due under their agreement just to stay quiet. Santana reiterated
in her deposition that if she didn’t sigen the gag agreement, she would not receive the money from
Pohl. Santana attempted to indicafte on the agreement that she was receiving $50,000 to keep quiet,
but Jaimes told her Pohl deymanded that she state she only received nominal consideration, like
$100. Santana did not wCrite the statement but “just signed it” because she felt she was being “forced
to sign” it while “unader duress.”
Notablyf, nowhere in Santana’s December 19th affidavit does she state the testimony in her
former afUfidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states in her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana testified in her deposition that the September 24th affidavit was
created voluntarily with her own “testimony.” Santana testified that, unlike with Pohl, she was not
paid and had never been promised any money to provide the testimony in the September 24th
affidavit. Santana reiterated to counsel for Pohl, Billy Shepherd, that she was there in her
deposition to tell the truth and would not be bullied by his questioning or his efforts to confuse
her. k
Regardless, Santana’s sworn deposition testimony confirmed most of tlhe facts set forth in
her initial affidavit and this deposition testimony has never been rectracted. There, Santana
confirmed that she was hired by Pohl to solicit auto accident cases, thse first one being an accident
where a woman and her unborn child lost their lives. Santana was instructed by Walker, who was
instructed by Pohl, to personally visit the mother of the deceased and sign her up to sue the tire
manufacturer and, if she succeeded, Pohl would pay her $5,000. Santana visited the funeral of the
deceased and got the family to feel comfortable with her. Although the mother was grieving, Pohl
told Santana: “take no prisoners, this is a cut tharoat business, you get in there and you do whatever
it takes to get this client.” The solicitation was successful after Pohl gave Santana $2,000 to “give
to the client to convince her into signeing over with the firm.”
“Coach” Kenneth Talleyf (“Talley”) was another runner hired by Pohl and Walker who
solicited over 20 auto accideynt cases for Pohl. Talley has sworn under oath that he was first hired
in relation to BP claimCs to find “folks that lost money due to the oil spill” and “sign them up” and
“get a fee for it.” Taalley testified that he went to work “knocking on doors” looking for potential
claimants for Pofhl and his partner in the BP litigation. Talley solicited and signed up for Pohl and
his co-coUnspirators more than 800 BP claims. Talley was paid between $75 and $350 for each BP
client he signed up for Pohl and his partners.
Talley eventually switched to soliciting auto accident victims, “calling on folks that had
bad accidents.” Talley recalls that the first client he solicited was in “the hospital in intensive care.”
Talley carried with him up to $1,000 to pay the accident victims to “help them with problems” but
only once they “were signed up.” Talley kept a list of all the auto accident cases he solicited so he
could keep track of the cases that he was due a fee on the back end after the case settled. Talley
also followed a checklist that instructed him to, among other things, bring flowekrs to the initial
hospital visit (but to spend no more than $50) and to offer the victims moneyl but to “make sure
the funding schedule” from HH Texas “is filled out properly before relecasing any cash.” Talley
would advise the victims that he had attorneys who could help them ssuch as Pohl. Talley was paid
a fee of $1,400 plus his expenses by Pohl, through Walker, for any auto accident case he solicited
and referred to Pohl. On some cases, Talley was to receive a portion of the fee paid to Helping
Hands out of Pohl’s attorney’s fees. Talley discussed with Pohl the “percentage of settlements”
he was to receive from the cases he solicited and referred, and Pohl told Talley that the money was
being placed in an “escrow account” for him. aWhen asked whether Pohl knew he was getting paid
to “contact vehicle accident victims,” Talley responded, “the money was coming from Edgar
[Jaimes] who worked for him.” Ande, although his paycheck was from Walker’s company, “the
funding came by way of Edgar [Jfaimes].”
Talley testified that pyersonally soliciting clients for Pohl became so frequent that he began
carrying blank Pohl coCntracts to each solicitation. Talley testified that he never recommended any
lawyers other than Paohl. However, Talley never told the clients that he was getting paid to solicit
them. Talley wofuld present a Pohl contract to the potential client. If the client did not agree to hire
Pohl, the Uclients would not get the money. Talley testified that Jaimes and Dona (the operators of
HH Texas) would send him the money.
Talley further testified that both he and Pohl knew what they were doing was illegal. In
one instance, Talley was “run out of town” while soliciting clients for Pohl. Talley testified that
during the attempted solicitation he was told by a “lawyer or policeman” that “it was against the
law what [he] was doing.” Talley mentioned this to Pohl and Pohl told him “you’ve just got to
leave...some people you can’t help.”
Walker was eventually indicted and sent to prison. Thereafter, Pohl and hisk lawyer partners
refused to pay Walker and the other runners the ill gained fees as Pohl had prolmised. Therefore,
Walker, Seymour, Ladner and Precision filed a lawsuit in Mississippi cFederal Court (“Federal
Litigation”) against Pohl and his law partners claiming they were sowed millions of dollars in
promised fees. 
The above facts were compiled during the Federal Litigation. Thereafter, more than four
hundred clients who were illegally solicited contacted the Kassab Law Firm and requested Kassab
to represent them in litigation against Pohl and his partners. Kassab filed lawsuits on behalf of
these clients in four different courts in Harrisa County. Additionally, due to the egregiousness of
Pohl’s violation of the Texas Penal Code and violations of the Texas Disciplinary Rules of
Professional Conduct, Kassab was reequired to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinary Rules of Pfrofessional Conduct. Thus, Kassab filed grievances against Pohl
pursuant to Rule 8.03. Pohl’ys clients are also preparing and filing grievances against Pohl arising
out of his blatant barraCtry.
Because of athese actions in representing clients against Pohl and the grievances filed
against Pohl, Pofhl has filed a retaliatory lawsuit against the Kassab alleging conversion and theft
of trade sUecrets. Pohl alleges that Kassab and others stole his property and are using it to bring
lawsuits and grievances against Pohl. Specifically, Pohl alleges in his petition against Kassab that,
“Kassab is a lawyer who specializes in suing other lawyers”1 and “Kassab solicited
1 Pohl Original Petition, p. 6
10
clients/prospective clients [of Pohl’s] to act as Plaintiffs . . . to bring cases against Pohl for alleged
barratry and other claims.”2 Thus, Pohl has judicially admitted that he has brought his suit against
Kassab because Kassab contacted Pohl’s clients and filed suit against Pohl on behalf of these
clients. k
COUNTERCLAIM FOR CIVIL BARRATRY
Within the lawsuits that Kassab has filed against Pohl on behalf oft his former clients and
potential clients, Pohl has judicially admitted that a claim for barratryt is not a legal malpractice
case. Pohl has also admitted that a claim for barratry is not a claim for “legal malpractice,” and
thus, the discovery rule does not apply to a barratry claim. Teherefore, based upon Pohl’s judicial
admissions, the assignment of a barratry claim is permituted under Texas law.
Thus, based upon express assignments onf interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm purrsuant to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides:
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence
that is the basis of an acction, a party to the action may file the counterclaim or
cross claim even thougfh as a separate action it would be barred by limitations
on the date the partyO’s answer is required.
(b) The counterclaipm or cross claim must be filed not later than the 30th day after
the date on which the party’s answer is required.
Kassab has been assaiglned barratry claims on behalf of 242 claimants. These counterclaims
are timely becauise they were filed within 30 days of the date Kassab filed his original
answer.
2 Id. at p. 6-7
11
DESIGNATION OF RESPONSIBLE THIRD PARTIES
A responsible third party is someone who caused or contributed to cause a portion of the
Plaintiff’s alleged damages. Defendant/Counter-Plaintiffs, Kassab, designates George W. (Billy)
Shepherd, Scott Walker, Steve Seymour and Kirk Ladner as responsible third-parties as these
individuals are the sole or proximate cause of any damages alleged by Pohl. Billy Shepherd
(“Shepherd”) represented Pohl in the Federal Litigation filed against Pohtl by Walker, Seymour,
Ladner and Precision. Shepherd knew that Walker, Seymour and Latdner had sold Precision to
Favre and knew that Walker, Seymour and Ladner had legally transferred Precision’s assets and
property to Favre. Shepherd further knew that Favre and/ore his counsel had given documents to
third parties, including Kassab and others prior to negotiauting a settlement in the Federal Litigation.
The documents, assets and all other property that Pnrecision owned that were transferred to Favre
are the subject of Pohl’s lawsuit herein. r
Shepherd negotiated the settlement in the Federal Litigation between Walker, Seymour,
Ladner, Favre and Precision on the one hand and Pohl on the other hand. If Pohl now complains
in this lawsuit that he was entiftled to the return and/or destruction of said assets/property,
Shepherd, as Pohl’s attorney in the Federal Litigation wholly failed to protect Pohl by ensuring
that all subject property was gathered from all third parties and returned to Pohl or destroyed.
Shepherd’s amlalfeasance was either negligent or intentional. Since Shepherd knew that the
subject assets/prioperty were a point of contention in the Federal Litigation and knew that the
assets/property could be used by outside third parties to garner clients as Pohl alleges, Shepherd
may have intentionally failed to protect Pohl’s interest so that he could secure future lucrative
employment for himself and his law firm for years to come by continuing to represent Pohl in the
current state court litigation after the subject property was used to garner clients to sue Pohl as
Pohl alleges. Thus, Shepherd is the sole or proximate cause of Pohl’s alleged damages.
12
Walker, Seymour and Ladner sold Precision to Favre. Walker, Seymour and Ladner also
transferred the subject assets/property of Precision to Favre. Walker testified under oath that he,
Seymour and Ladner, through Precision, owned all the assets/property, including computers and
documents that were transferred to Favre. Walker also testified that he had thek legal right and
authority, through Precision, to sell and transfer all the subject assets/property tol Favre. Moreover,
Walker, Seymour and Ladner certified that they owned all of the subjectc property/assets and had
authority to transfer all of the subject property/assets to Favre. If Wsalker, Seymour and Ladner
did not have the legal right to transfer all the subject assets/property to Favre, then they are the
sole or proximate cause of Pohl’s alleged damages. Therefore, if Pohl has been damaged in any
way as he alleges, Shepherd, Walker, Seymour and Ladner are the sole proximate cause of his
damages.
PRAYERa FOR RELIEF
Wherefore, Defendants, Counter-Plaintiffs respectfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-Plaintiffs recover on their claims against the
Plaintiffs and/or any Third-Party Dfefendants as follows:
i) actual and consequential damages;
ii) statutory doamages;
iii) pre- and post-judgment interest;
iv) attoirneys’ fees and costs; and
v) fall other relief to which the Defendants, Counter-Plaintiffs may be justly entitled.
13
Respectfully submitted,
THE KASSAB LAW FIRM
/ s / Lance Christopher Kassab
LANCE CHRISTOPHER KASSAB
Texas State Bar No. 0079407k0
lance@kassab.law r
DAVID ERIC KASSAB
Texas State Bar No. 24071351
david@kassab.law c
1214 Elgin Street r
Houston, Texas s77004
Telephone: 71D3.522.7400
Facsimile: 713.522.7410
ATTORNEYS FOR DEFENDANTS,
COUNTErR-PLAINTIFFS LANCE CHRISTOPHER
KASSAB AND THE KASSAB LAW FIRM
CERTIFICAaTE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been
forwarded to all parties pursuant to thoe Texas Rules of Civil Procedure on this the 7th day of
November 2018. e
/ s / Lance Christopher Kassab
Lance Christopher Kassab
14"
11,2018-11-06,OA,Kassab,2nd Amended Answer,"Kassab's Second Amended Answer, Affirmative Defenses, Counterclaim, and Designation of Responsible Third Parties","Filed November 6, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. The day after the reply brief on the TCPA motion. This is the second amended responsive pleading, expanding the counterclaims from 150 to 235 assigned barratry claimants and adding a Designation of Responsible Third Parties (Billy Shepherd, Scott Walker, Steve Seymour, Kirk Ladner). Addressed to the Honorable Judge of said Court.",PLEAD-1,N/A,Phase 1,2018-11-06_OA_Kassab-2nd-Amended-Answer-CC_FILED.pdf,"Plaintiffs take nothing; Kassab recovers on counterclaims and against third-party defendants including actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other just relief","11/6/2018 2:08 PM
Chris Daniel - District Clerk Harris County
Envelope No. 28831260
By: ARIONNE MCNEAL
Filed: 11/6/2018 2:08 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S SECOND AMENDED
ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM,
AND DESIGNATION OF RESPONSIBLE THIRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT: s
COMES NOW, Defendants, Lance Christopher Kgassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this theBir Second Amended Answer, Affirmative
Defenses, and Counterclaim, and Designation of Ryesponsible Third Parties, and would respectfully
show the Court as follows; a
RULfE 47 STATEMENT
The Kassab Defendants, in teheir capacity as Counter-Plaintiffs, seek monetary relief of
more than $1,000,000.00. f
y PARTIES
Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado.
Plaintiff, Laawl Offices of Michael A. Pohl is a law firm set up for the practice of law in
various states of ithe union, including Texas.
Defendant, Scott Favre is a nonresident individual residing in Mississippi.
Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in
Mississippi.
Defendant, Precision Marketing Group, LLC is a nonresident limited liability company
located in Mississippi.
Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi.
Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association
located in Mississippi.
Defendant, Tina Nicholson is an individual residing in Texas. k
Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm ils a limited liability
partnership located in Texas. c
Defendant, Counter-Plaintiff, Lance Christopher Kassab is an sindividual residing in Texas.
Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm
is a professional corporation located in Texas.
JURISDICTION ANDB VENUE
This matter is within the jurisdictional lnimits of this Court and Plaintiffs, Counter-
Defendants, Michael A. Pohl and Law Officers of Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue is proper in thifs county because one or more of the defendants are residents of
this county and because a substantial part of the acts and/or omissions that form the basis of this
suit occurred in this county.
a l GENERAL DENIAL
Defendant, Counter-Plaintiff Kassab generally denies all allegations made by Plaintiffs,
Counter-Denfendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests the Court
to require Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl to
carry their burden of proof regarding all allegations against Kassab.
AFFIRMATIVE DEFENSES
Defendant, Counter-Plaintiff Kassab pleads the following affirmative defenses:
1. Statute of limitations
2. Justification.
3. Estoppel.
4. Waiver. t
5. Ratification. t
6. Release. 
7. Unclean hands. e
8. Contribution. u
9. Failure to mitigate damages. n
10. Lack of standing. r
11. Accord and Satisfaction.
12. Assumption of the Risk. 
13. Illegality/Criminal Actfs.
14. First Amendment. 
15. Attorney Immunity.
16. In Pari Daellicto.
17. Res juidicata.
SPECIFIC DENIALS
Defendants, Counter-Plaintiffs specifically deny that all conditions precedent regarding
Plaintiffs claims of conversion and theft of trade secrets have been performed or occurred prior to
Plaintiffs filing suit against Kassab.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
LCK is a lawyer practicing law with Kassab, P.C., a law firm in Houston, Texas focusing
solely on plaintiffs’ legal malpractice. Kassab filed four lawsuits on behalf of over four hundred
clients against Pohl (the “Harris County Lawsuits”). The main allegations against Pohl is civil
barratry and conspiracy to commit barratry, a third-degree felony in Texas. Pohl conspired with
his wife, Donalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”t), and three runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona owns at sham lending company in
Texas called Helping Hands Financing, LLC (“HH Texas”). Jaimes runs the day-to-day operations
of HH Texas. The three runners are Scott Walker (“Walkere”), Steve Seymour (“Seymour”) and
Kirk Ladner (“Ladner”). The three runners own and ouperate two other sham companies called
Helping Hands Group, LLC and Helping Hands Finnancial, LLC (collectively “HH Mississippi”).
The three runners also owned Precision Markerting Group, LLC (“Precision”) which they sold to
Scott Favre and/or his companies (collectively “Favre”).
With regard to the clients obtained in the BP Litigation, Walker, Seymour and Ladner hired
other runners to literally go up anfd down streets knocking on doors to solicit clients on behalf of
Pohl for lawsuits against British Petroleum. Precision paid these runners as much as $300-$400
for every client they obtained. Pohl then paid Precision as much as $1,500 for every client
Precision referred tao lPohl. Pohl also offered and agreed to pay Walker, Seymour and Ladner a
percentage of hisi legal fees once the cases settled. This percentage was disguised as an hourly rate
of $1,500.00 per hour.
With regard to auto accidents, Pohl set up a “Google Alerts” to be notified whenever there
was a horrific rollover crash. Pohl would then send his runners to hospitals, homes and funerals
to contact the families of the injured. The runners would use their sham companies, “Helping
Hands” to act as though they were genuinely there to help these victims. The runners would falsely
tell these victims that they were there to help the victims’ in their time of need in the form of
money for burial services, food, clothing, lodging, etc. In reality, the runners’ contacted these
families under false pretenses with the sole objective to take advantage of these victims and their
families while they were emotionally distraught and not thinking straight in ordker to lock them
into contracts which allowed the runners to select a lawyer for the victim. Tlhe victims and the
family members were encouraged to hire Pohl and told they could not gect the money unless they
agreed to hire Pohl. Pohl would pay the runners as much as $7,5s00 per client and Pohl also
promised the runners as much as 33% of Pohl’s legal fees on the back end when the case settled.
Additionally, HH Texas would pay HH Mississippi $2,500 for every client referred to HH Texas
to “loan” money to these victims and their family. Pohl used this procedure as an attempt to put
an additional layer between him and the actual runners.
Pohl also helped the runners form anaother sham entity, the GM Settlement Verification
Team (“GM Team”) after General Motors, Inc. issued a recall on cars due to faulty ignition
switches which effected the safe opereation of the airbag systems on vehicles. Thus, the GM Team
was designed to look official as iff it was part of General Motors. The conspiracy was to form an
official looking entity as if GyM was contacting people who had been harmed when airbags failed
to deploy in relation toC the ignition recall. In reality, this was just another sham company used to
trick clients into hiaring Pohl. Again, Pohl would pay Walker and Ladner, through their sham
entity, the GM Tfeam, a fee for every client it referred to Pohl, in addition to a percentage of fees
on the baUck end.
Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly formed
entities that he perceived would insulate him from liability. In fact, Walker testified that although
he and Pohl called it “marketing services” or “marketing money” it was “clear to [him] it was
barratry.” In fact, Walker considered himself and his company “a pass-through for barratry
money.” All total, Walker, Ladner and Precision received over $5 million in “barratry pass-through
money” from Pohl and other lawyers to solicit potential clients with claims, both auto-accident
victims and those involved in the BP Deepwater Horizon litigation. k
One of the runners hired by Pohl and Walker to solicit illegally solicit cllients on behalf of
Pohl was Magdalena Santana (“Santana”). In her September 24, 2016 afcfidavit, Santana testified
that Pohl sent her on “dozens and dozens of car wreck cases all ovser the country.” Pohl would
email Santana the link of news coverage he obtained through Google Alerts depicting an accident
and asked her “to go to the victim or the victim’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was instructed by Paohl to “approach the victims and their families while
they were vulnerable, in the emergency room, their hospital rooms or at the funerals.” Pohl told
Santana that minorities “were especieally vulnerable since they tended not to know that the law
prohibited barratry.” Accordingf to Pohl, they “were easier to sign up.”
Pohl would give Sanytana “money to give to the victims or their families” but would give
the money to the client C“if they agreed to sign a Pohl representation contract.” Pohl advised Santana
that the money was aa “foot in the door” but instructed Santana not to mention anything about hiring
a lawyer “untilf after they agreed to take the money.” “If the client agreed to hire Pohl, then
[Santana]U was to have the client sign a ‘Helping Hands’ contract.” Pohl would then give Santana
the money to pay the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was illegal for him to pay [her] directly for cases, and that’s why
the money had to go through some company.”
Pohl and/or his co-conspirators had Santana retract this affidavit through a December 19,
2017 affidavit. This purported retraction was likely the result of Pohl paying Santana to provide
testimony, which is something he has done in the past. In fact, Pohl’s own paralegal, Jaimes,
testified that on one occasion Pohl sent him to Florida with a suitcase filled with $k50,000 in cash
to give to Santana in exchange for her signing a statement for him. Jaimes tesltified that Santana
would only get the money if she signed the statement for Pohl. Jaimes testcified that Santana signed
the signed the statement and got the money. s
Santana went into more detail about this in her deposition. Santana testified that the
statement was an agreement for her to keep quiet and not charge Pohl with any wrongdoing,
criminal or unethical conduct. Santana testified that Pohl paid her $50,000 in cash to sign this
statement, which was delivered by Jaimes in three bags marked “trick or treat.” Very symbolic
given that Santana had been tricked by Pohla into soliciting clients for him and was now being
treated the money she claimed was due under their agreement just to stay quiet. Santana reiterated
in her deposition that if she didn’t sigen the gag agreement, she would not receive the money from
Pohl. Santana attempted to indicafte on the agreement that she was receiving $50,000 to keep quiet,
but Jaimes told her Pohl deymanded that she state she only received nominal consideration, like
$100. Santana did not wCrite the statement but “just signed it” because she felt she was being “forced
to sign” it while “unader duress.”
Notablyf, nowhere in Santana’s December 19th affidavit does she state the testimony in her
former afUfidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states in her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana testified in her deposition that the September 24th affidavit was
created voluntarily with her own “testimony.” Santana testified that, unlike with Pohl, she was not
paid and had never been promised any money to provide the testimony in the September 24th
affidavit. Santana reiterated to counsel for Pohl, Billy Shepherd, that she was there in her
deposition to tell the truth and would not be bullied by his questioning or his efforts to confuse
her. k
Regardless, Santana’s sworn deposition testimony confirmed most of tlhe facts set forth in
her initial affidavit and this deposition testimony has never been rectracted. There, Santana
confirmed that she was hired by Pohl to solicit auto accident cases, thse first one being an accident
where a woman and her unborn child lost their lives. Santana was instructed by Walker, who was
instructed by Pohl, to personally visit the mother of the deceased and sign her up to sue the tire
manufacturer and, if she succeeded, Pohl would pay her $5,000. Santana visited the funeral of the
deceased and got the family to feel comfortable with her. Although the mother was grieving, Pohl
told Santana: “take no prisoners, this is a cut tharoat business, you get in there and you do whatever
it takes to get this client.” The solicitation was successful after Pohl gave Santana $2,000 to “give
to the client to convince her into signeing over with the firm.”
“Coach” Kenneth Talleyf (“Talley”) was another runner hired by Pohl and Walker who
solicited over 20 auto accideynt cases for Pohl. Talley has sworn under oath that he was first hired
in relation to BP claimCs to find “folks that lost money due to the oil spill” and “sign them up” and
“get a fee for it.” Taalley testified that he went to work “knocking on doors” looking for potential
claimants for Pofhl and his partner in the BP litigation. Talley solicited and signed up for Pohl and
his co-coUnspirators more than 800 BP claims. Talley was paid between $75 and $350 for each BP
client he signed up for Pohl and his partners.
Talley eventually switched to soliciting auto accident victims, “calling on folks that had
bad accidents.” Talley recalls that the first client he solicited was in “the hospital in intensive care.”
Talley carried with him up to $1,000 to pay the accident victims to “help them with problems” but
only once they “were signed up.” Talley kept a list of all the auto accident cases he solicited so he
could keep track of the cases that he was due a fee on the back end after the case settled. Talley
also followed a checklist that instructed him to, among other things, bring flowekrs to the initial
hospital visit (but to spend no more than $50) and to offer the victims moneyl but to “make sure
the funding schedule” from HH Texas “is filled out properly before relecasing any cash.” Talley
would advise the victims that he had attorneys who could help them ssuch as Pohl. Talley was paid
a fee of $1,400 plus his expenses by Pohl, through Walker, for any auto accident case he solicited
and referred to Pohl. On some cases, Talley was to receive a portion of the fee paid to Helping
Hands out of Pohl’s attorney’s fees. Talley discussed with Pohl the “percentage of settlements”
he was to receive from the cases he solicited and referred, and Pohl told Talley that the money was
being placed in an “escrow account” for him. aWhen asked whether Pohl knew he was getting paid
to “contact vehicle accident victims,” Talley responded, “the money was coming from Edgar
[Jaimes] who worked for him.” Ande, although his paycheck was from Walker’s company, “the
funding came by way of Edgar [Jfaimes].”
Talley testified that pyersonally soliciting clients for Pohl became so frequent that he began
carrying blank Pohl coCntracts to each solicitation. Talley testified that he never recommended any
lawyers other than Paohl. However, Talley never told the clients that he was getting paid to solicit
them. Talley wofuld present a Pohl contract to the potential client. If the client did not agree to hire
Pohl, the Uclients would not get the money. Talley testified that Jaimes and Dona (the operators of
HH Texas) would send him the money.
Talley further testified that both he and Pohl knew what they were doing was illegal. In
one instance, Talley was “run out of town” while soliciting clients for Pohl. Talley testified that
during the attempted solicitation he was told by a “lawyer or policeman” that “it was against the
law what [he] was doing.” Talley mentioned this to Pohl and Pohl told him “you’ve just got to
leave...some people you can’t help.”
Walker was eventually indicted and sent to prison. Thereafter, Pohl and hisk lawyer partners
refused to pay Walker and the other runners the ill gained fees as Pohl had prolmised. Therefore,
Walker, Seymour, Ladner and Precision filed a lawsuit in Mississippi cFederal Court (“Federal
Litigation”) against Pohl and his law partners claiming they were sowed millions of dollars in
promised fees. 
The above facts were compiled during the Federal Litigation. Thereafter, more than four
hundred clients who were illegally solicited contacted the Kassab Law Firm and requested Kassab
to represent them in litigation against Pohl and his partners. Kassab filed lawsuits on behalf of
these clients in four different courts in Harrisa County. Additionally, due to the egregiousness of
Pohl’s violation of the Texas Penal Code and violations of the Texas Disciplinary Rules of
Professional Conduct, Kassab was reequired to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinary Rules of Pfrofessional Conduct. Thus, Kassab filed grievances against Pohl
pursuant to Rule 8.03. Pohl’ys clients are also preparing and filing grievances against Pohl arising
out of his blatant barraCtry.
Because of athese actions in representing clients against Pohl and the grievances filed
against Pohl, Pofhl has filed a retaliatory lawsuit against the Kassab alleging conversion and theft
of trade sUecrets. Pohl alleges that Kassab and others stole his property and are using it to bring
lawsuits and grievances against Pohl. Specifically, Pohl alleges in his petition against Kassab that,
“Kassab is a lawyer who specializes in suing other lawyers”1 and “Kassab solicited
1 Pohl Original Petition, p. 6
10
clients/prospective clients [of Pohl’s] to act as Plaintiffs . . . to bring cases against Pohl for alleged
barratry and other claims.”2 Thus, Pohl has judicially admitted that he has brought his suit against
Kassab because Kassab contacted Pohl’s clients and filed suit against Pohl on behalf of these
clients. k
COUNTERCLAIM FOR CIVIL BARRATRY
Within the lawsuits that Kassab has filed against Pohl on behalf oft his former clients and
potential clients, Pohl has judicially admitted that a claim for barratryt is not a legal malpractice
case. Pohl has also admitted that a claim for barratry is not a claim for “legal malpractice,” and
thus, the discovery rule does not apply to a barratry claim. Teherefore, based upon Pohl’s judicial
admissions, the assignment of a barratry claim is permituted under Texas law.
Thus, based upon express assignments onf interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm purrsuant to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides:
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence
that is the basis of an acction, a party to the action may file the counterclaim or
cross claim even thougfh as a separate action it would be barred by limitations
on the date the partyO’s answer is required.
(b) The counterclaipm or cross claim must be filed not later than the 30th day after
the date on which the party’s answer is required.
Kassab has been assaiglned barratry claims on behalf of 235 claimants. These counterclaims
are timely becauise they were filed within 30 days of the date Kassab filed his original
answer.
2 Id. at p. 6-7
11
DESIGNATION OF RESPONSIBLE THIRD PARTIES
A responsible third party is someone who caused or contributed to cause a portion of the
Plaintiff’s alleged damages. Defendant/Counter-Plaintiffs, Kassab designates George W. (Billy)
Shepherd, Scott Walker, Steve Seymour and Kirk Ladner as responsible third-parties as these
individuals are the sole or proximate cause of any damages alleged by Pohl. Billy Shepherd
(“Shepherd”) represented Pohl in the Federal Litigation filed against Pohtl by Walker, Seymour,
Ladner and Precision. Shepherd knew that Walker, Seymour and Latdner had sold Precision to
Favre and knew that Walker, Seymour and Ladner had legally transferred Precision’s assets and
property to Favre. The assets and property that were transferered to Favre are the subject of Pohl’s
lawsuit herein. u
Shepherd negotiated a settlement in the Fnederal Litigation between Walker, Seymour,
Ladner, Favre and Precision on the one hand anrd Pohl on the other hand. If Pohl now complains
in this lawsuit that he was entitled to the return and/or destruction of said assets/property,
Shepherd, as Pohl’s attorney in the Federal Litigation wholly failed to protect Pohl by ensuring
that all subject property was gathfered from all third parties and returned to Pohl or destroyed.
Shepherd’s malfeasance was either negligent or intentional. Since Shepherd knew that the subject
assets/property were a point of contention in the Federal Litigation and knew that the
assets/property coualdl be used by outside third parties to garner clients as Pohl alleges, Shepherd
may have intentiionally failed to protect Pohl’s interest so that he could secure future lucrative
employment for himself and his law firm for years to come by continuing to represent Pohl in the
current state court litigation after the subject property was used to garner clients to sue Pohl as
Pohl alleges. Thus, Shepherd is the sole or proximate cause of Pohl’s alleged damages.
Walker, Seymour and Ladner sold Precision to Favre. Walker, Seymour and Ladner also
transferred the subject assets/property to Favre. Walker testified under oath that he, Seymour and
12
Ladner, through Precision, owned all the assets/property, including computers and documents that
were transferred to Favre. Walker also testified that he had the legal right, through Precision, to
sell and transfer all the subject assets/property to Favre. Moreover, Walker, Seymour and Ladner
certified that they owned all of the subject property/assets and had authority to traknsfer all of the
subject property/assets to Favre. If Walker, Seymour and Ladner did not havle the legal right to
transfer all the subject assets/property to Favre, then they are the sole or pcroximate cause of Pohl’s
alleged damages. Therefore, if Pohl has been damaged in anyway as hse alleges, Shepherd, Walker,
Seymour and Ladner are the sole proximate cause of his damages.
PRAYER FOR RELIEF
Wherefore, Defendants, Counter-Plaintiffs respeuctfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-nPlaintiffs recover on their claims against the
Plaintiffs and/or any Third-Party Defendants asr follows:
i) actual and consequential damages;
ii) statutory damages;
iii) pre- and post-judgment interest;
iv) attorneys’ fees aOnd costs; and
v) all other relief to which the Defendants, Counter-Plaintiffs may be justly entitled.
13
Respectfully submitted,
THE KASSAB LAW FIRM
/ s / Lance Christopher Kassab
LANCE CHRISTOPHER KASSAB
Texas State Bar No. 0079407k0
lance@kassab.law r
DAVID ERIC KASSAB
Texas State Bar No. 24071351
david@kassab.law c
1214 Elgin Street r
Houston, Texas s77004
Telephone: 71D3.522.7400
Facsimile: 713.522.7410
ATTORNEYS FOR DEFENDANTS,
COUNTErR-PLAINTIFFS LANCE CHRISTOPHER
KASSBAB AND THE KASSAB LAW FIRM
CERTIFICAaTE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been
forwarded to all parties pursuant to thoe Texas Rules of Civil Procedure on this the 6th day of
November 2018. e
/ s / Lance Christopher Kassab
Lance Christopher Kassab
14"
8,2018-10-24,OA,Kassab,1st Amended Answer with Counterclaims,"Kassab's First Amended Answer, Affirmative Defenses, and Counterclaim for Civil Barratry, filed October 24, 2018 simultaneously with TCPA Motion to Dismiss","Filed October 24, 2018 simultaneously with the TCPA Motion to Dismiss. This amends Kassab's original answer (Filing #2) by adding res judicata as a 17th affirmative defense. Maintains general denial, 17 affirmative defenses, specific denials regarding conditions precedent, and counterclaims for civil barratry on behalf of 150 assigned claimants.","PLEAD-1, CC-1",N/A,Phase 1,2018-10-24_OA_Kassab-1st-Amended-Answer-CC_FILED.pdf,"Plaintiffs take nothing on their claims; Kassab recovers on counterclaims including actual and consequential damages, statutory damages, pre- and post-judgment interest, attorneys' fees and costs, and all other just relief","10/24/2018 2:33 PM
Chris Daniel - District Clerk Harris County
Envelope No. 28526297
By: ARIONNE MCNEAL
Filed: 10/24/2018 2:33 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S FIRST AMENDED
ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this their First Armended Answer, Affirmative Defenses,
and Counterclaim, and would respectfully show the Court as follows;
RULE 47 SiT l ATEMENT
The Kassab Defendants, in their caMpacity as Counter-Plaintiffs, seek monetary relief of
more than $1,000,000.00. o
PARTIES
Plaintiff, Michael A. PoOhl is an individual lawyer residing in Colorado.
Plaintiff, Law Offipces of Michael A. Pohl is a law firm set up for the practice of law in
various states of the union, including Texas.
Defendant, iScott Favre is a nonresident individual residing in Mississippi.
Defenodant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in
Mississippi.
Defendant, Precision Marketing Group, LLC is a nonresident limited liability company
located in Mississippi.
Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi.
Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association
located in Mississippi.
Defendant, Tina Nicholson is an individual residing in Texas.
Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a klimited liability
partnership located in Texas. l
Defendant, Counter-Plaintiff, Lance Christopher Kassab is an indicvidual residing in Texas.
Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C.s d/b/a The Kassab Law Firm
is a professional corporation located in Texas. 
JURISDICTION AND VENUE
This matter is within the jurisdictional limitsu of this Court and Plaintiffs, Counter-
Defendants, Michael A. Pohl and Law Offices onf Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“rLCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue is proper in this county because one or more of the defendants are residents of
this county and because a substanftial part of the acts and/or omissions that form the basis of this
suit occurred in this county. 
GENERAL DENIAL
Defendant, Clounter-Plaintiff Kassab generally denies all allegations made by Plaintiffs,
Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests the Court
to require Pnlaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl to
carry their burden of proof regarding all allegations against Kassab.
AFFIRMATIVE DEFENSES
Defendant, Counter-Plaintiff Kassab pleads the following affirmative defenses:
1. Statute of limitations
2. Justification.
3. Estoppel.
4. Waiver. t
5. Ratification. t
6. Release. 
7. Unclean hands. e
8. Contribution. u
9. Failure to mitigate damages. n
10. Lack of standing. r
11. Accord and Satisfaction.
12. Assumption of the Risk. 
13. Illegality/Criminal Actfs.
14. First Amendment. 
15. Attorney Immunity.
16. In Pari Daellicto.
17. Res juidicata.
SPECIFIC DENIALS
Defendants, Counter-Plaintiffs specifically deny that all conditions precedent regarding
Plaintiffs claims of conversion and theft of trade secrets have been performed or occurred prior to
Plaintiffs filing suit against Kassab.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
LCK is a lawyer practicing law with Kassab, P.C., a law firm in Houston, Texas focusing
solely on plaintiffs’ legal malpractice. Kassab filed four lawsuits on behalf of over four hundred
clients against Pohl (the “Harris County Lawsuits”). The main allegations against Pohl is civil
barratry and conspiracy to commit barratry, a third-degree felony in Texas. Pohl conspired with
his wife, Donalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”t), and three runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona owns at sham lending company in
Texas called Helping Hands Financing, LLC (“HH Texas”). Jaimes runs the day-to-day operations
of HH Texas. The three runners are Scott Walker (“Walkere”), Steve Seymour (“Seymour”) and
Kirk Ladner (“Ladner”). The three runners own and ouperate two other sham companies called
Helping Hands Group, LLC and Helping Hands Finnancial, LLC (collectively “HH Mississippi”).
The three runners also owned Precision Markerting Group, LLC (“Precision”) which they sold to
Scott Favre and/or his companies (collectively “Favre”).
With regard to the clients obtained in the BP Litigation, Walker, Seymour and Ladner hired
other runners to literally go up anfd down streets knocking on doors to solicit clients on behalf of
Pohl for lawsuits against British Petroleum. Precision paid these runners as much as $300-$400
for every client they obtained. Pohl then paid Precision as much as $1,500 for every client
Precision referred tao lPohl. Pohl also offered and agreed to pay Walker, Seymour and Ladner a
percentage of hisi legal fees once the cases settled. This percentage was disguised as an hourly rate
of $1,500.00 per hour.
With regard to auto accidents, Pohl set up a “Google Alerts” to be notified whenever there
was a horrific rollover crash. Pohl would then send his runners to hospitals, homes and funerals
to contact the families of the injured. The runners would use their sham companies, “Helping
Hands” to act as though they were genuinely there to help these victims. The runners would falsely
tell these victims that they were there to help the victims’ in their time of need in the form of
money for burial services, food, clothing, lodging, etc. In reality, the runners’ contacted these
families under false pretenses with the sole objective to take advantage of these victims and their
families while they were emotionally distraught and not thinking straight in ordker to lock them
into contracts which allowed the runners to select a lawyer for the victim. Tlhe victims and the
family members were encouraged to hire Pohl and told they could not gect the money unless they
agreed to hire Pohl. Pohl would pay the runners as much as $7,5s00 per client and Pohl also
promised the runners as much as 33% of Pohl’s legal fees on the back end when the case settled.
Additionally, HH Texas would pay HH Mississippi $2,500 for every client referred to HH Texas
to “loan” money to these victims and their family. Pohl used this procedure as an attempt to put
an additional layer between him and the actual runners.
Pohl also helped the runners form anaother sham entity, the GM Settlement Verification
Team (“GM Team”) after General Motors, Inc. issued a recall on cars due to faulty ignition
switches which effected the safe opereation of the airbag systems on vehicles. Thus, the GM Team
was designed to look official as iff it was part of General Motors. The conspiracy was to form an
official looking entity as if GyM was contacting people who had been harmed when airbags failed
to deploy in relation toC the ignition recall. In reality, this was just another sham company used to
trick clients into hiaring Pohl. Again, Pohl would pay Walker and Ladner, through their sham
entity, the GM Tfeam, a fee for every client it referred to Pohl, in addition to a percentage of fees
on the baUck end.
Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly formed
entities that he perceived would insulate him from liability. In fact, Walker testified that although
he and Pohl called it “marketing services” or “marketing money” it was “clear to [him] it was
barratry.” In fact, Walker considered himself and his company “a pass-through for barratry
money.” All total, Walker, Ladner and Precision received over $5 million in “barratry pass-through
money” from Pohl and other lawyers to solicit potential clients with claims, both auto-accident
victims and those involved in the BP Deepwater Horizon litigation. k
One of the runners hired by Pohl and Walker to solicit illegally solicit cllients on behalf of
Pohl was Magdalena Santana (“Santana”). In her September 24, 2016 afcfidavit, Santana testified
that Pohl sent her on “dozens and dozens of car wreck cases all ovser the country.” Pohl would
email Santana the link of news coverage he obtained through Google Alerts depicting an accident
and asked her “to go to the victim or the victim’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was instructed by Paohl to “approach the victims and their families while
they were vulnerable, in the emergency room, their hospital rooms or at the funerals.” Pohl told
Santana that minorities “were especieally vulnerable since they tended not to know that the law
prohibited barratry.” Accordingf to Pohl, they “were easier to sign up.”
Pohl would give Sanytana “money to give to the victims or their families” but would give
the money to the client C“if they agreed to sign a Pohl representation contract.” Pohl advised Santana
that the money was aa “foot in the door” but instructed Santana not to mention anything about hiring
a lawyer “untilf after they agreed to take the money.” “If the client agreed to hire Pohl, then
[Santana]U was to have the client sign a ‘Helping Hands’ contract.” Pohl would then give Santana
the money to pay the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was illegal for him to pay [her] directly for cases, and that’s why
the money had to go through some company.”
Pohl and/or his co-conspirators had Santana retract this affidavit through a December 19,
2017 affidavit. This purported retraction was likely the result of Pohl paying Santana to provide
testimony, which is something he has done in the past. In fact, Pohl’s own paralegal, Jaimes,
testified that on one occasion Pohl sent him to Florida with a suitcase filled with $k50,000 in cash
to give to Santana in exchange for her signing a statement for him. Jaimes tesltified that Santana
would only get the money if she signed the statement for Pohl. Jaimes testcified that Santana signed
the signed the statement and got the money. s
Santana went into more detail about this in her deposition. Santana testified that the
statement was an agreement for her to keep quiet and not charge Pohl with any wrongdoing,
criminal or unethical conduct. Santana testified that Pohl paid her $50,000 in cash to sign this
statement, which was delivered by Jaimes in three bags marked “trick or treat.” Very symbolic
given that Santana had been tricked by Pohla into soliciting clients for him and was now being
treated the money she claimed was due under their agreement just to stay quite. Santana reiterated
in her deposition that if she didn’t sigen the gag agreement, she would not receive the money from
Pohl. Santana attempted to indicafte on the agreement that she was receiving $50,000 to keep quiet,
but Jaimes told her Pohl deymanded that she state she only received nominal consideration, like
$100. Santana did not wCrite the statement but “just signed it” because she felt she was being “forced
to sign” it while “unader duress.”
Notablyf, nowhere in Santana’s December 19th affidavit does she state the testimony in her
former afUfidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states in her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana testified in her deposition that the September 24th affidavit was
created voluntarily with her own “testimony.” Santana testified that, unlike with Pohl, she was not
paid and had never been promised any money to provide the testimony in the September 24th
affidavit. Santana reiterated to counsel for Pohl, Billy Shepherd, that she was there in her
deposition to tell the truth and would not be bullied by his questioning or his efforts to confuse
her. k
Regardless, Santana’s sworn deposition testimony confirmed most of tlhe facts set forth in
her initial affidavit and this deposition testimony has never been rectracted. There, Santana
confirmed that she was hired by Pohl to solicit auto accident cases, thse first one being an accident
where a woman and her unborn child lost their lives. Santana was instructed by Walker, who was
instructed by Pohl, to personally visit the mother of the deceased and sign her up to sue the tire
manufacturer and, if she succeeded, Pohl would pay her $5,000. Santana visited the funeral of the
deceased and got the family to feel comfortable with her. Although the mother was grieving, Pohl
told Santana: “take no prisoners, this is a cut tharoat business, you get in there and you do whatever
it takes to get this client.” The solicitation was successful after Pohl gave Santana $2,000 to “give
to the client to convince her into signeing over with the firm.”
“Coach” Kenneth Talleyf (“Talley”) was another runner hired by Pohl and Walker who
solicited over 20 auto accideynt cases for Pohl. Talley has sworn under oath that he was first hired
in relation to BP claimCs to find “folks that lost money due to the oil spill” and “sign them up” and
“get a fee for it.” Taalley testified that he went to work “knocking on doors” looking for potential
claimants for Pofhl and his partner in the BP litigation. Talley solicited and signed up for Pohl and
his co-coUnspirators more than 800 BP claims. Talley was paid between $75 and $350 for each BP
client he signed up for Pohl and his partners.
Talley eventually switched to soliciting auto accident victims, “calling on folks that had
bad accidents.” Talley recalls that the first client he solicited was in “the hospital in intensive care.”
Talley carried with him up to $1,000 to pay the accident victims to “help them with problems” but
only once they “were signed up.” Talley kept a list of all the auto accident cases he solicited so he
could keep track of the cases that he was due a fee on the back end after the case settled. Talley
also followed a checklist that instructed him to, among other things, bring flowekrs to the initial
hospital visit (but to spend no more than $50) and to offer the victims moneyl but to “make sure
the funding schedule” from HH Texas “is filled out properly before relecasing any cash.” Talley
would advise the victims that he had attorneys who could help them ssuch as Pohl. Talley was paid
a fee of $1,400 plus his expenses by Pohl, through Walker, for any auto accident case he solicited
and referred to Pohl. On some cases, Talley was to receive a portion of the fee paid to Helping
Hands out of Pohl’s attorney’s fees. Talley discussed with Pohl the “percentage of settlements”
he was to receive from the cases he solicited and referred, and Pohl told Talley that the money was
being placed in an “escrow account” for him. aWhen asked whether Pohl knew he was getting paid
to “contact vehicle accident victims,” Talley responded, “the money was coming from Edgar
[Jaimes] who worked for him.” Ande, although his paycheck was from Walker’s company, “the
funding came by way of Edgar [Jfaimes].”
Talley testified that pyersonally soliciting clients for Pohl became so frequent that he began
carrying blank Pohl coCntracts to each solicitation. Talley testified that he never recommended any
lawyers other than Paohl. However, Talley never told the clients that he was getting paid to solicit
them. Talley wofuld present a Pohl contract to the potential client. If the client did not agree to hire
Pohl, the Uclients would not get the money. Talley testified that Jaimes and Dona (the operators of
HH Texas) would send him the money.
Talley further testified that both he and Pohl knew what they were doing was illegal. In
one instance, Talley was “run out of town” while soliciting clients for Pohl. Talley testified that
during the attempted solicitation he was told by a “lawyer or policeman” that “it was against the
law what [he] was doing.” Talley mentioned this to Pohl and Pohl told him “you’ve just got to
leave...some people you can’t help.”
Walker was eventually indicted and sent to prison. Thereafter, Pohl and hisk lawyer partners
refused to pay Walker and the other runners the ill gained fees as Pohl had prolmised. Therefore,
Walker, Seymour, Ladner and Precision filed a lawsuit in Mississippi cFederal Court (“Federal
Litigation”) against Pohl and his law partners claiming they were sowed millions of dollars in
promised fees. 
The above facts were compiled during the Federal Litigation. Thereafter, more than four
hundred clients who were illegally solicited contacted the Kassab Law Firm and requested Kassab
to represent them in litigation against Pohl and his partners. Kassab filed lawsuits on behalf of
these clients in four different courts in Harrisa County. Additionally, due to the egregiousness of
Pohl’s violation of the Texas Penal Code and violations of the Texas Disciplinary Rules of
Professional Conduct, Kassab was reequired to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinary Rules of Pfrofessional Conduct. Thus, Kassab filed grievances against Pohl
pursuant to Rule 8.03. Pohl’ys clients are also preparing and filing grievances against Pohl arising
out of his blatant barraCtry.
Because of athese actions in representing clients against Pohl and the grievances filed
against Pohl, Pofhl has filed a retaliatory lawsuit against the Kassab alleging conversion and theft
of trade sUecrets. Pohl alleges that Kassab and others stole his property and are using it to bring
lawsuits and grievances against Pohl. Specifically, Pohl alleges in his petition against Kassab that,
“Kassab is a lawyer who specializes in suing other lawyers”1 and “Kassab solicited
1 Pohl Original Petition, p. 6
10
clients/prospective clients [of Pohl’s] to act as Plaintiffs . . . to bring cases against Pohl for alleged
barratry and other claims.”2 Thus, Pohl has judicially admitted that he has brought his suit against
Kassab because Kassab contacted Pohl’s clients and filed suit against Pohl on behalf of these
clients. k
COUNTERCLAIM FOR CIVIL BARRATRY
Within the lawsuits that Kassab has filed against Pohl on behalf oft his former clients and
potential clients, Pohl has judicially admitted that a claim for barratryt is not a legal malpractice
case. Pohl has also admitted that a claim for barratry is not a claim for “legal malpractice,” and
thus, the discovery rule does not apply to a barratry claim. Teherefore, based upon Pohl’s judicial
admissions, the assignment of a barratry claim is permituted under Texas law.
Therefore, based upon express assignmentns of interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm purrsuant to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides:
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence
that is the basis of an acction, a party to the action may file the counterclaim or
cross claim even thougfh as a separate action it would be barred by limitations
on the date the partyO’s answer is required.
(b) The counterclaipm or cross claim must be filed not later than the 30th day after
the date on which the party’s answer is required.
Kassab has been asasilgned 150 barratry claims as of this date. These counterclaims are
being filed conteimporaneously with the Kassab’s answer and are therefore timely. The
remaining barratry counterclaims will be filed by November 7, 2018, within thirty (30)
days from the date Kassab’s answer is filed.
2 Id. at p. 6-7
11
PRAYER FOR RELIEF
Wherefore, Defendants, Counter-Plaintiffs respectfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-Plaintiffs recover on their claims against the
Plaintiffs as follows:
i) actual and consequential damages;
ii) statutory damages; 
iii) pre- and post-judgment interest; r
iv) attorneys’ fees and costs; and i
v) all other relief to which the Defendants, Counters-Plaintiffs may be justly entitled.
Respecutfully submitted,
THnE KASSAB LAW FIRM
r i/ s / Lance Christopher Kassab
LANCE CHRISTOPHER KASSAB
Texas State Bar No. 00794070
f lance@kassab.law
 DAVID ERIC KASSAB
c Texas State Bar No. 24071351
f i david@kassab.law
O 1214 Elgin Street
 Houston, Texas 77004
p Telephone: 713.522.7400
o Facsimile: 713.522.7410
a l ATTORNEYS FOR DEFENDANTS,
i COUNTER-PLAINTIFFS LANCE CHRISTOPHER
f i KASSAB AND THE KASSAB LAW FIRM
12
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been
forwarded to all parties pursuant to the Texas Rules of Civil Procedure on this the 24th day of
October 2018.
/ s / Lance Christopher Kasesab
Lance Christopher KassCabl
13"
2,2018-10-08,OA,Kassab,Kassab’s initial answer with counterclaims,"Kassab Defendants' Original Answer, Affirmative Defenses, and Counterclaim for Civil Barratry, including general denial, 16 affirmative defenses, specific denials, and counterclaims based on assigned barratry claims","Kassab's initial responsive pleading to Pohl's Original Petition, filed October 8, 2018, approximately six weeks after suit was commenced. Includes both defensive pleading (general denial, 16 affirmative defenses, specific denials) and offensive counterclaims for civil barratry based on assigned claims from Pohl's former clients.","PLEAD-1, CC-1",N/A,Phase 1,2018-10-08_OA_Kassab-Answer-and-CC_FILED.pdf,That Plaintiffs recover nothing on their claims; actual and consequential damages on counterclaims; statutory damages; pre- and post-judgment interest; attorneys' fees and costs; and all other relief to which Defendants/Counter-Plaintiffs may be justly entitled,"10/8/2018 1:34 PM
Chris Daniel - District Clerk Harris County
Envelope No. 28104847
By: Brianna Denmon
Filed: 10/8/2018 1:34 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S ANSWER, AFFIRMATIVE
DEFENSES AND COUNTERCLAIM t
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendants, Lance Christopher Kassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this their Origirnal Answer, Affirmative Defenses, and
Counterclaim, and would respectfully show the Court as follows;
RULE 47 SiT l ATEMENT
The Kassab Defendants, in their caMpacity as Counter-Plaintiffs, seek monetary relief of
more than $1,000,000.00. o
PARTIES
Plaintiff, Michael A. PoOhl is an individual lawyer residing in Colorado.
Plaintiff, Law Offipces of Michael A. Pohl is a law firm set up for the practice of law in
various states of the union, including Texas.
Defendant, iScott Favre is a nonresident individual residing in Mississippi.
Defenodant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in
Mississippi.
Defendant, Precision Marketing Group, LLC is a nonresident limited liability company
located in Mississippi.
Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi.
Defendant, Montague, Pittman & Varnado, PA is a nonresident professional association
located in Mississippi.
Defendant, Tina Nicholson is an individual residing in Texas.
Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Law Firm is a klimited liability
partnership located in Texas. l
Defendant, Counter-Plaintiff, Lance Christopher Kassab is an indicvidual residing in Texas.
Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C.s d/b/a The Kassab Law Firm
is a professional corporation located in Texas. 
JURISDICTION AND VENUE
This matter is within the jurisdictional limitsu of this Court and Plaintiffs, Counter-
Defendants, Michael A. Pohl and Law Offices onf Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“rLCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue is proper in this county because one or more of the defendants are residents of
this county and because a substanftial part of the acts and/or omissions that form the basis of this
suit occurred in this county. 
GENERAL DENIAL
Defendant, Clounter-Plaintiff Kassab generally denies all allegations made by Plaintiffs,
Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests the Court
to require Pnlaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl to
carry their burden of proof regarding all allegations against Kassab.
AFFIRMATIVE DEFENSES
Defendant, Counter-Plaintiff Kassab pleads the following affirmative defenses:
1. Statute of limitations
2. Justification.
3. Estoppel.
4. Waiver. t
5. Ratification. t
6. Release. 
7. Unclean hands. e
8. Contribution. u
9. Failure to mitigate damages. n
10. Lack of standing. r
11. Accord and Satisfaction.
12. Assumption of the Risk. 
13. Illegality/Criminal Actfs.
14. First Amendment. 
15. Attorney Immunity.
16. In Pari Daellicto.
i SPECIFIC DENIALS
Defnendants, Counter-Plaintiffs specifically deny that all conditions precedent regarding
Plaintiffs claims of conversion and theft of trade secrets have been performed or occurred prior to
Plaintiffs filing suit against Kassab.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
LCK is a lawyer practicing law with Kassab, P.C., a law firm in Houston, Texas focusing
solely on plaintiffs’ legal malpractice. Kassab filed four lawsuits on behalf of over four hundred
clients against Pohl (the “Harris County Lawsuits”). The main allegations against Pohl is civil
barratry and conspiracy to commit barratry, a third-degree felony in Texas. Pohl conspired with
his wife, Donalda Pohl (“Dona”), his paralegal, Edgar Jaimes (“Jaimes”t), and three runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona owns at sham lending company in
Texas called Helping Hands Financing, LLC (“HH Texas”). Jaimes runs the day-to-day operations
of HH Texas. The three runners are Scott Walker (“Walkere”), Steve Seymour (“Seymour”) and
Kirk Ladner (“Ladner”). The three runners own and ouperate two other sham companies called
Helping Hands Group, LLC and Helping Hands Finnancial, LLC (collectively “HH Mississippi”).
The three runners also owned Precision Markerting Group, LLC (“Precision”) which they sold to
Scott Favre and/or his companies (collectively “Favre”).
With regard to the clients obtained in the BP Litigation, Walker, Seymour and Ladner hired
other runners to literally go up anfd down streets knocking on doors to solicit clients on behalf of
Pohl for lawsuits against British Petroleum. Precision paid these runners as much as $300-$400
for every client they obtained. Pohl then paid Precision as much as $1,500 for every client
Precision referred tao lPohl. Pohl also offered and agreed to pay Walker, Seymour and Ladner a
percentage of hisi legal fees once the cases settled. This percentage was disguised as an hourly rate
of $1,500.00 per hour.
With regard to auto accidents, Pohl set up a “Google Alerts” to be notified whenever there
was a horrific rollover crash. Pohl would then send his runners to hospitals, homes and funerals
to contact the families of the injured. The runners would use their sham companies, “Helping
Hands” to act as though they were genuinely there to help these victims. The runners would falsely
tell these victims that they were there to help the victims’ in their time of need in the form of
money for burial services, food, clothing, lodging, etc. In reality, the runners’ contacted these
families under false pretenses with the sole objective to take advantage of these victims and their
families while they were emotionally distraught and not thinking straight in ordker to lock them
into contracts which allowed the runners to select a lawyer for the victim. Tlhe victims and the
family members were encouraged to hire Pohl and told they could not gect the money unless they
agreed to hire Pohl. Pohl would pay the runners as much as $7,5s00 per client and Pohl also
promised the runners as much as 33% of Pohl’s legal fees on the back end when the case settled.
Additionally, HH Texas would pay HH Mississippi $2,500 for every client referred to HH Texas
to “loan” money to these victims and their family. Pohl used this procedure as an attempt to put
an additional layer between him and the actual runners.
Pohl also helped the runners form anaother sham entity, the GM Settlement Verification
Team (“GM Team”) after General Motors, Inc. issued a recall on cars due to faulty ignition
switches which effected the safe opereation of the airbag systems on vehicles. Thus, the GM Team
was designed to look official as iff it was part of General Motors. The conspiracy was to form an
official looking entity as if GyM was contacting people who had been harmed when airbags failed
to deploy in relation toC the ignition recall. In reality, this was just another sham company used to
trick clients into hiaring Pohl. Again, Pohl would pay Walker and Ladner, through their sham
entity, the GM Tfeam, a fee for every client it referred to Pohl, in addition to a percentage of fees
on the baUck end.
Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly formed
entities that he perceived would insulate him from liability. In fact, Walker testified that although
he and Pohl called it “marketing services” or “marketing money” it was “clear to [him] it was
barratry.” In fact, Walker considered himself and his company “a pass-through for barratry
money.” All total, Walker, Ladner and Precision received over $5 million in “barratry pass-through
money” from Pohl and other lawyers to solicit potential clients with claims, both auto-accident
victims and those involved in the BP Deepwater Horizon litigation. k
One of the runners hired by Pohl and Walker to solicit illegally solicit cllients on behalf of
Pohl was Magdalena Santana (“Santana”). In her September 24, 2016 afcfidavit, Santana testified
that Pohl sent her on “dozens and dozens of car wreck cases all ovser the country.” Pohl would
email Santana the link of news coverage he obtained through Google Alerts depicting an accident
and asked her “to go to the victim or the victim’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was instructed by Paohl to “approach the victims and their families while
they were vulnerable, in the emergency room, their hospital rooms or at the funerals.” Pohl told
Santana that minorities “were especieally vulnerable since they tended not to know that the law
prohibited barratry.” Accordingf to Pohl, they “were easier to sign up.”
Pohl would give Sanytana “money to give to the victims or their families” but would give
the money to the client C“if they agreed to sign a Pohl representation contract.” Pohl advised Santana
that the money was aa “foot in the door” but instructed Santana not to mention anything about hiring
a lawyer “untilf after they agreed to take the money.” “If the client agreed to hire Pohl, then
[Santana]U was to have the client sign a ‘Helping Hands’ contract.” Pohl would then give Santana
the money to pay the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was illegal for him to pay [her] directly for cases, and that’s why
the money had to go through some company.”
Pohl and/or his co-conspirators had Santana retract this affidavit through a December 19,
2017 affidavit. This purported retraction was likely the result of Pohl paying Santana to provide
testimony, which is something he has done in the past. In fact, Pohl’s own paralegal, Jaimes,
testified that on one occasion Pohl sent him to Florida with a suitcase filled with $k50,000 in cash
to give to Santana in exchange for her signing a statement for him. Jaimes tesltified that Santana
would only get the money if she signed the statement for Pohl. Jaimes testcified that Santana signed
the signed the statement and got the money. s
Santana went into more detail about this in her deposition. Santana testified that the
statement was an agreement for her to keep quiet and not charge Pohl with any wrongdoing,
criminal or unethical conduct. Santana testified that Pohl paid her $50,000 in cash to sign this
statement, which was delivered by Jaimes in three bags marked “trick or treat.” Very symbolic
given that Santana had been tricked by Pohla into soliciting clients for him and was now being
treated the money she claimed was due under their agreement just to stay quite. Santana reiterated
in her deposition that if she didn’t sigen the gag agreement, she would not receive the money from
Pohl. Santana attempted to indicafte on the agreement that she was receiving $50,000 to keep quiet,
but Jaimes told her Pohl deymanded that she state she only received nominal consideration, like
$100. Santana did not wCrite the statement but “just signed it” because she felt she was being “forced
to sign” it while “unader duress.”
Notablyf, nowhere in Santana’s December 19th affidavit does she state the testimony in her
former afUfidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states in her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana testified in her deposition that the September 24th affidavit was
created voluntarily with her own “testimony.” Santana testified that, unlike with Pohl, she was not
paid and had never been promised any money to provide the testimony in the September 24th
affidavit. Santana reiterated to counsel for Pohl, Billy Shepherd, that she was there in her
deposition to tell the truth and would not be bullied by his questioning or his efforts to confuse
her. k
Regardless, Santana’s sworn deposition testimony confirmed most of tlhe facts set forth in
her initial affidavit and this deposition testimony has never been rectracted. There, Santana
confirmed that she was hired by Pohl to solicit auto accident cases, thse first one being an accident
where a woman and her unborn child lost their lives. Santana was instructed by Walker, who was
instructed by Pohl, to personally visit the mother of the deceased and sign her up to sue the tire
manufacturer and, if she succeeded, Pohl would pay her $5,000. Santana visited the funeral of the
deceased and got the family to feel comfortable with her. Although the mother was grieving, Pohl
told Santana: “take no prisoners, this is a cut tharoat business, you get in there and you do whatever
it takes to get this client.” The solicitation was successful after Pohl gave Santana $2,000 to “give
to the client to convince her into signeing over with the firm.”
“Coach” Kenneth Talleyf (“Talley”) was another runner hired by Pohl and Walker who
solicited over 20 auto accideynt cases for Pohl. Talley has sworn under oath that he was first hired
in relation to BP claimCs to find “folks that lost money due to the oil spill” and “sign them up” and
“get a fee for it.” Taalley testified that he went to work “knocking on doors” looking for potential
claimants for Pofhl and his partner in the BP litigation. Talley solicited and signed up for Pohl and
his co-coUnspirators more than 800 BP claims. Talley was paid between $75 and $350 for each BP
client he signed up for Pohl and his partners.
Talley eventually switched to soliciting auto accident victims, “calling on folks that had
bad accidents.” Talley recalls that the first client he solicited was in “the hospital in intensive care.”
Talley carried with him up to $1,000 to pay the accident victims to “help them with problems” but
only once they “were signed up.” Talley kept a list of all the auto accident cases he solicited so he
could keep track of the cases that he was due a fee on the back end after the case settled. Talley
also followed a checklist that instructed him to, among other things, bring flowekrs to the initial
hospital visit (but to spend no more than $50) and to offer the victims moneyl but to “make sure
the funding schedule” from HH Texas “is filled out properly before relecasing any cash.” Talley
would advise the victims that he had attorneys who could help them ssuch as Pohl. Talley was paid
a fee of $1,400 plus his expenses by Pohl, through Walker, for any auto accident case he solicited
and referred to Pohl. On some cases, Talley was to receive a portion of the fee paid to Helping
Hands out of Pohl’s attorney’s fees. Talley discussed with Pohl the “percentage of settlements”
he was to receive from the cases he solicited and referred, and Pohl told Talley that the money was
being placed in an “escrow account” for him. aWhen asked whether Pohl knew he was getting paid
to “contact vehicle accident victims,” Talley responded, “the money was coming from Edgar
[Jaimes] who worked for him.” Ande, although his paycheck was from Walker’s company, “the
funding came by way of Edgar [Jfaimes].”
Talley testified that pyersonally soliciting clients for Pohl became so frequent that he began
carrying blank Pohl coCntracts to each solicitation. Talley testified that he never recommended any
lawyers other than Paohl. However, Talley never told the clients that he was getting paid to solicit
them. Talley wofuld present a Pohl contract to the potential client. If the client did not agree to hire
Pohl, the Uclients would not get the money. Talley testified that Jaimes and Dona (the operators of
HH Texas) would send him the money.
Talley further testified that both he and Pohl knew what they were doing was illegal. In
one instance, Talley was “run out of town” while soliciting clients for Pohl. Talley testified that
during the attempted solicitation he was told by a “lawyer or policeman” that “it was against the
law what [he] was doing.” Talley mentioned this to Pohl and Pohl told him “you’ve just got to
leave...some people you can’t help.”
Walker was eventually indicted and sent to prison. Thereafter, Pohl and hisk lawyer partners
refused to pay Walker and the other runners the ill gained fees as Pohl had prolmised. Therefore,
Walker, Seymour, Ladner and Precision filed a lawsuit in Mississippi cFederal Court (“Federal
Litigation”) against Pohl and his law partners claiming they were sowed millions of dollars in
promised fees. 
The above facts were compiled during the Federal Litigation. Thereafter, more than four
hundred clients who were illegally solicited contacted the Kassab Law Firm and requested Kassab
to represent them in litigation against Pohl and his partners. Kassab filed lawsuits on behalf of
these clients in four different courts in Harrisa County. Additionally, due to the egregiousness of
Pohl’s violation of the Texas Penal Code and violations of the Texas Disciplinary Rules of
Professional Conduct, Kassab was reequired to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinary Rules of Pfrofessional Conduct. Thus, Kassab filed grievances against Pohl
pursuant to Rule 8.03. Pohl’ys clients are also preparing and filing grievances against Pohl arising
out of his blatant barraCtry.
Because of athese actions in representing clients against Pohl and the grievances filed
against Pohl, Pofhl has filed a retaliatory lawsuit against the Kassab alleging conversion and theft
of trade sUecrets. Pohl alleges that Kassab and others stole his property and are using it to bring
lawsuits and grievances against Pohl. Specifically, Pohl alleges in his petition against Kassab that,
“Kassab is a lawyer who specializes in suing other lawyers”1 and “Kassab solicited
1 Pohl Original Petition, p. 6
10
clients/prospective clients [of Pohl’s] to act as Plaintiffs . . . to bring cases against Pohl for alleged
barratry and other claims.”2 Thus, Pohl has judicially admitted that he has brought his suit against
Kassab because Kassab contacted Pohl’s clients and filed suit against Pohl on behalf of these
clients. k
COUNTERCLAIM FOR CIVIL BARRATRY
Within the lawsuits that Kassab has filed against Pohl on behalf oft his former clients and
potential clients, Pohl has judicially admitted that a claim for barratryt is not a legal malpractice
case. Pohl has also admitted that a claim for barratry is not a claim for “legal malpractice,” and
thus, the discovery rule does not apply to a barratry claim. Teherefore, based upon Pohl’s judicial
admissions, the assignment of a barratry claim is permituted under Texas law.
Therefore, based upon express assignmentns of interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm purrsuant to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides:
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence
that is the basis of an acction, a party to the action may file the counterclaim or
cross claim even thougfh as a separate action it would be barred by limitations
on the date the partyO’s answer is required.
(b) The counterclaipm or cross claim must be filed not later than the 30th day after
the date on which the party’s answer is required.
Kassab has been asasilgned 150 barratry claims as of this date. These counterclaims are
being filed conteimporaneously with the Kassab’s answer and are therefore timely. The
remaining barratry counterclaims will be filed by November 7, 2018, within thirty (30)
days from the date Kassab’s answer is filed.
2 Id. at p. 6-7
11
PRAYER FOR RELIEF
Wherefore, Defendants, Counter-Plaintiffs respectfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-Plaintiffs recover on their claims against the
Plaintiffs as follows:
i) actual and consequential damages;
ii) statutory damages; 
iii) pre- and post-judgment interest; r
iv) attorneys’ fees and costs; and i
v) all other relief to which the Defendants, Counters-Plaintiffs may be justly entitled.
Respecutfully submitted,
THnE KASSAB LAW FIRM
r i/ s / Lance Christopher Kassab
LANCE CHRISTOPHER KASSAB
Texas State Bar No. 00794070
f lance@kassab.law
 DAVID ERIC KASSAB
c Texas State Bar No. 24071351
f i david@kassab.law
O 1214 Elgin Street
 Houston, Texas 77004
p Telephone: 713.522.7400
o Facsimile: 713.522.7410
a l ATTORNEYS FOR DEFENDANTS,
i COUNTER-PLAINTIFFS LANCE CHRISTOPHER
f i KASSAB AND THE KASSAB LAW FIRM
12
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been
forwarded to all parties pursuant to the Texas Rules of Civil Procedure on this the 8th day of
October 2018.
/ s / Lance Christopher Kasesab
Lance Christopher KassCabl
13"