filing_id,date,doc_type,party,description,doc_type_detail,procedural_posture,chain,outcome,phase,filename,relief_requested,full_text
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"
4,2018-10-15,OA,Montague,Montague’s answer subject to special appearance,"Defendants F. Douglas Montague III and Montague Pittman & Varnado, P.A.'s Original Answer Subject to Their Special Appearance, including general denial, 12 affirmative defenses, and request for disclosure","Montague Defendants' initial responsive pleading filed October 15, 2018, subject to their previously filed Special Appearance challenging personal jurisdiction. This answer preserves their jurisdictional objection while also responding to the merits of Pohl's Original Petition.",PLEAD-1,N/A,Phase 1,2018-10-15_OA_Montague-Answer-Subject-to-Appearance_FILED.pdf,"Grant of special appearance dismissing Montague Defendants for lack of personal jurisdiction; alternatively, denial of all relief against Montague Defendants with a take-nothing judgment; costs of court; and all other relief to which they may be justly entitled","10/15/2018 10:49 AM
Chris Daniel - District Clerk Harris County
Envelope No. 28273574
By: ARIONNE MCNEAL
Filed: 10/15/2018 10:49 AM
NO. 2018-58419
MICHAEL POHL, ET AL § IN THE DISTRICT COURT OF
Plaintiffs, §
v. §
§ HARRIS COUNTY, TEXAS
LANCE KASSAB, ET AL § r
§ C l
Defendants. § 189TH JUDICIAL DISTRICT
DEFENDANTS F. DOUGLAS MONTAGUE IItI AND
MONTAGUE PITTMAN & VARNADO, P.A.’S ORDIGiINAL ANSWER
SUBJECT TO THEIR SPECIAL APPEARANCE
Subject to the their previously filed Special Appearance, Defendants F. Douglas
Montague III and Montague Pittman & Varnado, P.AB. (“Defendants”) file this Original Answer
to Plaintiff’s Original Petition and respectfully show the following:
aI.
GENERAL DENIAL
1.1. Pursuant to Rule 92, Defendants denies the material allegations made in the
Plaintiffs’ Original Petition and aniy petition that may be filed hereinafter by way of amendment
or supplement, and demand strict proof thereof by a preponderance of the evidence at trial.
o II.
AFFIRMATIVE AND ADDITIONAL DEFENSES
Defendancts further assert the following additional and affirmative defenses in the
alternative subject to their special appearance:
2.1. In the alternative, Plaintiffs’ claims are barred by a lack of standing. Specifically,
Plaintiff did not have an attorney-client relationship with the Defendants nor were these
Defendants a party or an attorney for a party to the underlying Pohl litigation with Favre and
Precision. Therefore, these Defendants owe no duty to Plaintiffs. Moreover, the referral of cases
to specialists are the type of professional services that routinely and commonly fall within the
services that an attorney would provide and that the Defendants do provide, which would thereby
provide immunity to these Defendants from liability. Consequently, there is no basis to assert a
claim of liability whether by way of conversion, theft of trade secrets, conspiracky or otherwise
against attorneys who are simply discharging traditional legal tasks. l
2.2. In the alternative, Plaintiffs’ claims for conspiracy and reclated torts are barred in
whole or in part for failure to state a claim on which relief can be sgranted. Under Texas law,
“[i]f the defendant’s liability for the alleged underlying tort is fosreclosed as a matter of law, there
is no claim for conspiracy.” Frankoff v. Norman, 448 S.W.3d 75, 87 (Tex.App.—Houston [14th
Dist.] 2014, no pet.). In this instance, Plaintiffs’ only link to the Montague Defendants for each
pled tort hinges on the bald assertion that the Montague Defendants “knew it (confidential
information) had been stolen.” In fact, Plaintaiffs have no basis to allege this as to the Montague
Defendants. And, the Montague Defendants were not parties to the Pohl settlement agreement
let alone the underlying case. Becauese the referral of a possible case is not an unlawful act, there
is no basis to assert the tort claimfs against these Defendants.
2.3. In the alternaytive, Plaintiffs’ claims are barred in whole or in part by the doctrine
of comparative responsCibility and/or contributory negligence. In particular, Plaintiffs’ are barred
by their own actions and decisions, which were not reasonable under all of the circumstances
involved and cfhfarted the course for this dispute. Defendants assert their rights under Chapter 33
of the TeUxas Civil Practice and Remedies Code, including the reduction of liability based on the
comparative responsibility of Plaintiffs or other Defendants in the instant case, any subsequent
settling Defendant and/or any responsible third parties.
2.4. Plaintiffs’ claims are barred, in whole or in part, by the doctrine of excuse, legal
justification, and good faith.
2.5. Plaintiffs’ claims are barred, in whole or in part, because it has suffered no legally
cognizable damages and/or Plaintiff failed to mitigate damages. k
2.6. The Plaintiffs’ claims are barred, in whole or in part, by the flailure to satisfy all
necessary conditions precedent. c
2.7. The Plaintiffs’ claims are barred, in whole or in part, bsy the defense of estoppel.
2.8. The Plaintiffs’ claims are barred, in whole or in psart, by the defense of waiver.
2.9. The Plaintiffs’ claims are barred, in whole or in part, by the defense of unclean
hands.
2.10 The Plaintiffs’ claims are barred, in whole or in part, by the defense of illegality.
2.11 The Plaintiffs’ claims are barread, in whole or in part, by the defense of the statute
of limitations. 
2.12. Defendants assert theier rights under Chapter 41 of the Texas Civil Practice and
Remedies Code including the limfitations on exemplary damages.
y III.
REQUEST FOR DISCLOSURE
Subject to thleir special appearance, pursuant to Rule 194 of the Texas Rules of Civil
Procedure, Plainitiffs are requested to disclose, within thirty (30) days of service of this request,
the informantion or material described in Rule 194.2. Defendants specifically request Plaintiffs
produce all responsive documents and information at the undersigned law office within thirty
(30) days of service of this request.
WHEREFORE, PREMISES CONSIDERED, the Defendants respectfully pray that this
Court grant their special appearance or, alternatively, if denied, deny all relief sought against
these Defendants and render a take nothing judgment against Plaintiffs as well as awarding the
Defendants their costs and all such other relief to which they may be justly entitlekd.
Respectfully submitted, l
MARTIN, DISIERE, JEFFERSOcN & WISDOM, L.L.P.
/s/ Dale Jefferson i
Dale Jefferson 
Texas State Bar Nso. 10607900
jefferson@mdjwlaw.com
Raul H. Suazor
Texas StatBe Bar No. 24003021
suazo@nmdjwlaw.com
Kevin G. Cain
Texras State Bar No. 24012371
Mcain@mdjwlaw.com
808 Travis Street, 20th Floor
Houston, Texas 77002
(713) 632-1700 Telephone
f i (713) 222-0101 Facsimile
y ATTORNEYS FOR DEFENDANTS F. DOUGLAS
MONTAGUE III AND MONTAGUE PITTMAN &
C VARNADO, P.A.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing was served
upon all counsel of record in accordance with the Texas Rules of Civil Procedure, on the 15th
day of October, 2018 as follows:
Jean C. Frizzell r
Reynolds Frizzell LLP C l
1100 Louisiana St., Suite 3500 
Houston, Texas 77002
Via Electronic Filing and Email: jfrizzell@reynoldsfrizzell.comt
/s/ Dale Jeffersson
Dale Jeffersong"
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"