filing_id,date,doc_type,party,description,doc_type_detail,procedural_posture,chain,outcome,phase,filename,relief_requested,full_text
21,2021-10-18,OA,Pohl,Pohl’s response and special exceptions,"Plaintiffs-Counter Defendants Pohl's Verified Original Answer and Special Exceptions to Kassab's Fourth Amended Answer, Counterclaim, and Designation of Responsible Third Parties","Pohl's responsive pleading to Kassab's Fourth Amended Answer and Counterclaim filed on October 13, 2021. Filed October 18, 2021, five days after Kassab's amended pleading. Challenges Kassab's legal capacity to assert assigned barratry claims through verified denials and seeks clarification of the counterclaim through special exceptions. Attorney: Jean C. Frizzell of Reynolds Frizzell LLP.",PLEAD-1,N/A,Phase 2,2021-10-18_OA_Pohl-Response-and-Special-Exceptions_FILED.pdf,That the Court render judgment that Kassab take nothing; dismiss Kassab's counterclaim for barratry on its merits; and grant such other and further or alternative relief (legal and equitable) to which Pohl may be entitled,"10/18/2021 5:07 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 58297712
By: Deandra Mosley
Filed: 10/18/2021 5:07 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL AND LAW OFFICE OF § IN THE DISTRICT COURT OF
MICHAEL A. POHL, PLLC, §
Plaintiffs, §
V. § k
§ e
SCOTT FAVRE and SCOTT M. FAVRE PA, § C l
LLC; PRECISION MARKETING GROUP, § HARRIS COUNTY, TEXAS
LLC; LANCE CHRISTOPHER KASSAB and § c
LANCE CHRISTOPHER KASSAB, P.C. d/b/a § r
THE KASSAB LAW FIRM; TINA § s
NICHOLSON and BAKER NICHOLSON, §
LLP d/b/a BAKER NICHOLSON LAW § s
FIRM; and DOUGLAS MONTAGUE III and § s
MONTAGUE PITTMAN & VARNADO, P.A., §
Defendants. § r189TH JUDICIAL DISTRICT
PLAINTIFFS–COUNTER DEFENDANTS MICHAEL POHL AND
LAW OFFICE OF MICHAEL A. POHL, PLLC’S
VERIFIED ORIGINAL ANSWERl AND SPECIAL EXCEPTIONS
Plaintiffs–Counter Defendants MichMael Pohl and Law Office of Michael A. Pohl, PLLC
(collectively “Pohl”), file this Verified Original Answer and Special Exceptions to Defendants,
Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm’s Fourth
Amended Answer, Affirmative Defenses and Counterclaim, and Designation of Responsible Third
Parties, filed October 13, 2021 (the “Counterclaim”), and would show as follows:
 I. Verified Denials
Pursuant tco Rules 93(1) and 93(2) of the Texas Rules of Civil Procedure, Pohl denies that
Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm
(collectively “Kassab”) has legal capacity to sue or recover in the capacity in which he sued. Kassab
purports to assert barratry claims assigned to him by his clients. Such assignments of barratry claims
(whether complete or partial) are void, and Kassab both lacks legal capacity to sue and to recover.
Pohl’s Verification is attached as Exhibit A.
II. Answer
Pursuant to Rule 92, Pohl generally denies each and every, all and singular, of the
allegations made in Kassab’s Counterclaim, and demands strict proof thereof.
Pohl hereby pleads the following affirmative defenses: k
i. Statute of limitations; l
ii. Laches; 
iii. Lack of standing; c
iv. Illegality; t
v. Res judicata; i
vi. Estoppel; 
vii. Failure to mitigate; and s
viii. Waiver.
III. Special Exceptions
Pohl specially excepts to the Counterclaim on the grounds of obscurity and lack of fair
notice. As currently pled, Pohl is unable to ascrertain the nature and basic issues presented by the
Counterclaim in order to adequately defend himself. See Counterclaim, at 12.
“An opposing party should usee special exceptions to identify defects in a pleading so that
they may be cured, if possible, bfy amendment.” Horizon/CMS Healthcare Corp. v. Auld, 34
S.W.3d 887, 897 (Tex. 2000y). “The purpose of a special exception is to compel clarification of
pleadings when the pleadings are not clear or sufficiently specific or fail to plead a cause of action.”
Baylor Univ. v. Sonanichsen, 221 S.W.3d 632, 635 (Tex. 2007). Sw. Bell Tel. Co. v. Garza, 164
S.W.3d 607, 61f7 (Tex. 2004) (“Had SWBT been in doubt about Garza’s claims, it could have
sought clarification through special exceptions.”). Special exceptions are “‘the appropriate
vehicle . . . by which an adverse party may force clarification of vague pleadings,’ thereby
narrowing the range of facts that will be of consequence in the action.” In re Mem’l Hermann
Hosp. Sys., 464 S.W.3d 686, 708 (Tex. 2015) (citation omitted).
-2-
Clarification regarding the nature and basis of Kassab’s counterclaim for barratry is
necessary. In his Counterclaim, Kassab appears to be more concerned with attacking Pohl than
articulating the basis of a claim or claims that Kassab is entitled to assert against Pohl. Kassab
does not identify the specific cause of action asserted, who the original owners kof the assigned
claims are, or any facts that give rise to his barratry counterclaim. l
Without identifying the cause of action, Kassab asserts generic c“counterclaims” against
Pohl “based upon express assignments,” and then states that he “has bseen assigned barratry claims
on behalf of 242 claimants.” See Counterclaim, at 12. He does snot identify who the assignors are,
nor does Kassab state any facts that give rise to the allegedly assigned barratry claims. See id.
To the extent that Kassab argues that the “Factual Background” section is incorporated into
his barratry counterclaim, it further demonstrates the need for clarification. See id. at 4–12. The
facts discussed in that portion of the Countercalaim lead up to Kassab stating that: “more than four
hundred clients who were illegally solicited contacted the Kassab Law Firm and requested Kassab
to represent them in litigation againset Pohl and his partners. Kassab filed lawsuits on behalf of
these clients in four different coufrts in Harris County.” Id. at 11.
If those facts give risey to Kassab’s barratry counterclaim, are the claims asserted by Kassab
in this lawsuit the samCe as those asserted by Kassab’s clients in prior litigation? If so, it raises
serious questions about Kassab’s barratry counterclaim, including whether it is barred by res
judicata. The nfefed for clarification and fair notice is apparent, and the Court should require Kassab
to clarifyU the basis of the counterclaim and provide Pohl with fair notice.
IV. Conclusion
For the foregoing reasons, Pohl prays that the Court render judgment that Kassab take
nothing by reason of his allegations; dismiss Kassab’s counterclaim for barratry on its merits; and
for such other and further or alternative relief (legal and equitable) to which Pohl may be entitled.
-3-
Dated: October 18, 2021 Respectfully submitted,
REYNOLDS FRIZZELL LLP
By: /s/ Jean C. Frizzell
Jean C. Frizzell
State Bar No. 0748465k0
1100 Louisiana St., Suite 3e500
Houston, Texas 77002 l
Tel. 713.485.7200
Fax 713.485.7250 c
jfrizzell@reynoldsrfrizzell.com
Attorney for PDlaintiffs Michael Pohl
and Law Osffice of Michael A. Pohl, PLLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document was served on all counsel of
record pursuant to the Texas Rules of Civil Procedure on this 18th day of October, 2021.
a /s/ Jean C. Frizzell
M Jean C. Frizzell
-4-
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Suni Blue on behalf of Jean Frizzell
Bar No. 7484650
sblue@reynoldsfrizzell.com r
Envelope ID: 58297712
Status as of 10/19/2021 7:47 AM CST
Case Contacts r i
Name BarNumber Email TimestampSubmitted Status
Jean C.Frizzell jfrizzell@reynoldsfrizzell.com s10/18/2021 5:07:28 PM SENT
Todd Taylor ttaylor@jandflaw.com g10/18/2021 5:07:28 PM SENT
Scott M.Favre scott@favrepa.com u 10/18/2021 5:07:28 PM SENT
Lance Kassab eserve@kassab.law  10/18/2021 5:07:28 PM SENT
Murray JFogler mfogler@foglerbrar.cyom 10/18/2021 5:07:28 PM SENT
Andrew J. Sarne asarne@krcl.coma 10/18/2021 5:07:28 PM SENT
Larry Newsom lnewsom@krcl.com 10/18/2021 5:07:28 PM SENT
Jason M.Ciofalo jason@cioofalolaw.com 10/18/2021 5:07:28 PM SENT
Misty Davis mdavis@reynoldsfrizzell.com 10/18/2021 5:07:28 PM SENT
Harris Wells hweflls@reynoldsfrizzell.com 10/18/2021 5:07:28 PM SENT
Kathryn Laflin KLaflin@KRCL.com 10/18/2021 5:07:28 PM SENT
Dale Jefferson 10607900pjefferson@mdjwlaw.com 10/18/2021 5:07:28 PM SENT
Raul Herman Suazo 24003C021 suazo@mdjwlaw.com 10/18/2021 5:07:28 PM SENT
Kevin Graham Cain 24a01l2371 cain@mdjwlaw.com 10/18/2021 5:07:28 PM SENT
Solace Southwick ssouthwick@reynoldsfrizzell.com 10/18/2021 5:07:28 PM SENT
Felicia Grace o fgrace@krcl.com 10/18/2021 5:07:28 PM SENT
Chris C.PappaUs cpappas@krcl.com 10/18/2021 5:07:28 PM SENT
Todd Taylor ttaylor@jandflaw.com 10/18/2021 5:07:28 PM SENT
David R.Wade lawyerwade@hotmail.com 10/18/2021 5:07:28 PM SENT"
20,2021-10-13,OA,Kassab,4th Amended Answer — adds RTP designations,"Defendants Kassab's Fourth Amended Answer, Affirmative Defenses, Counterclaim, and Designation of Responsible Third Parties","Kassab's fourth amended pleading filed October 13, 2021, after denial of his traditional MSJ. Adds responsible third party designations and reasserts counterclaims for civil barratry based on 242 assigned claims. Relies on Tex. Civ. Prac. & Rem. Code § 16.069 to revive otherwise time-barred counterclaims. Filed during Phase 2 of litigation. Two sets of counsel: Lance and David Kassab for defense; Murray Fogler for affirmative claims.","PLEAD-1, RTP-1",N/A,Phase 2,2021-10-13_OA_Kassab-4th-Amended-Answer-CC_FILED.pdf,That Pohl recover nothing on his claims; actual and consequential damages on counterclaims; statutory damages; pre- and post-judgment interest; attorneys' fees and costs; and all other relief to which Kassab may be justly entitled,"10/13/2021 12:33 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 58144098
By: Deandra Mosley
Filed: 10/13/2021 12:33 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL, et al § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
SCOTT FAVRE, et al § 189th JUDICIrAL DISTRICT
DEFENDANTS, LANCE CHRISTOPHER KASSAB AND LANCE CHRISTOPHER
KASSAB, P.C. D/B/A THE KASSAB LAW FIRM’S FOURTH AMENDED
ANSWER, AFFIRMATIVE DEFENSES AND COUNtTERCLAIM,
AND DESIGNATION OF RESPONSIBLE THIRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT: s
COMES NOW, Defendants, Lance Christopher Kgassab and Lance Christopher Kassab,
P.C. d/b/a The Kassab Law Firm and files this theBir Fourth Amended Answer, Affirmative
Defenses, and Counterclaim, and Designation of Ryesponsible Third Parties, and would respectfully
show the Court as follows; a
RULfE 47 STATEMENT
The Kassab Defendants, in teheir capacity as Counter-Plaintiffs, seek monetary relief of
more than $1,000,000.00. f
y PARTIES
Plaintiff, Michael A. Pohl is an individual lawyer residing in Colorado and is a party herein.
Plaintiff, Laawl Offices of Michael A. Pohl is a law firm set up for the practice of law in
various states of ithe union, including Texas and is a party herein.
Defendant, Scott Favre is a nonresident individual residing in Mississippi and is a party
herein.
Defendant, Scott M. Favre, PA, LLC is a nonresident limited liability company located in
Mississippi and is a party herein.
Defendant, Precision Marketing Group, LLC is a nonresident limited liability company
located in Mississippi and is a party herein.
Defendant, F. Douglas Montague III is a nonresident individual residing in Mississippi.
Defendant, Montague, Pittman & Varnado, PA is a nonresident professioknal association
located in Mississippi. l
Defendant, Tina Nicholson is an individual residing in Texas and cis a party herein.
Defendant, Baker Nicholson, LLP, d/b/a Baker Nicholson Lasw Firm is a limited liability
partnership located in Texas and is a party herein. 
Defendant, Counter-Plaintiff, Lance Christopher Kassab is an individual residing in Texas
and is a party herein.
Defendant, Counter-Plaintiff, Lance Christopher Kassab, P.C. d/b/a The Kassab Law Firm
is a professional corporation located in Texas aand is a party herein.
JURISDICTION AND VENUE
This matter is within the jurisdictional limits of this Court and Plaintiffs, Counter-
Defendants, Michael A. Pohl andf Law Offices of Michael A. Pohl (“Pohl”) and Defendants,
Counter-Plaintiffs, Lance Christopher Kassab (“LCK”) and Lance Christopher Kassab, P.C. d/b/a
The Kassab Law Firm (“Kassab, P.C.”) (collectively “Kassab”) are subject to the Court’s
jurisdiction. Venue aisl proper in this county because one or more of the defendants are residents of
this county and biecause a substantial part of the acts and/or omissions that form the basis of this
suit occurred in this county.
GENERAL DENIAL
Defendant, Counter-Plaintiff Kassab generally denies all allegations made by Plaintiffs,
Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl, and requests the Court
to require Plaintiffs, Counter-Defendants, Michael A. Pohl and Law Offices of Michael A. Pohl to
carry their burden of proof regarding all allegations against Kassab.
AFFIRMATIVE DEFENSES
Defendant, Counter-Plaintiff Kassab pleads the following affirmative defenses:
1. Statute of limitations
2. Justification. t
3. Estoppel. t
4. Waiver. 
5. Ratification. e
6. Release. u
7. Unclean hands. n
8. Contribution. r
9. Failure to mitigate.
10. Lack of standing. 
11. Accord and Satisfactiofn.
12. Assumption of the Risk.
13. Illegality/Criminal Acts.
14. First Amaelndment.
15. Attoriney Immunity.
16. In Pari Delicto.
17. Res Judicata.
18. Defect of Parties.
SPECIFIC DENIALS
Defendants, Counter-Plaintiffs specifically deny that all conditions precedent regarding
Plaintiffs claims of conversion and theft of trade secrets have been performed or occurred prior to
Plaintiffs’ filing of suit against Kassab.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY l
LCK is a lawyer practicing law with The Kassab Law Firm, a law firm in Houston, Texas
focusing on plaintiffs’ legal malpractice cases. Kassab filed four lawstuits on behalf of over four
hundred clients against Pohl (the “Harris County Lawsuits”). The main allegations against Pohl
is civil barratry and conspiracy to commit barratry, a third-degree felony in Texas. Pohl conspired
with his wife, Donalda Pohl (“Dona”), his paralegal, Edgarr Jaimes (“Jaimes”) and three runners in
Mississippi to illegally solicit clients on behalf of Pohl. Dona owns a sham lending company in
Texas called Helping Hands Financing, LLC (“HiHl Texas”). Jaimes runs the day-to-day operations
of HH Texas. The three runners are Scott Walker (“Walker”), Steve Seymour (“Seymour”) and
Kirk Ladner (“Ladner”) (collectively “Runners”). The three Runners owned and operated two
other sham companies called Helpiing Hands Group, LLC and Helping Hands Financial, LLC
(collectively “HH Mississippi”). The three runners also owned Precision Marketing Group, LLC
(“Precision”) which theyo sold to Scott Favre and/or his companies (collectively “Favre”). The
runners had several ol ther business entities from which they operated and concealed their illegal
solicitation conspiracy.
Witnh regard to the clients obtained in the BP Litigation, Walker, Seymour and Ladner hired
other runners to literally go up and down streets in specific locations knocking on doors to solicit
clients on behalf of Pohl for lawsuits against British Petroleum. Walker, Seymore and Ladner,
through Precision and on behalf of Pohl, paid these runners as much as $300-$400 for every
potential client they obtained. Pohl paid Precision as much as $1,500 for every client Precision
obtained and referred to Pohl. Pohl also offered and agreed to pay Walker, Seymour and Ladner
a percentage of his legal fees once the cases settled. This percentage was disguised as an hourly
rate of $1,500.00 per hour, but the percentage of the “settlement” payment was never below the
agreed percentage. For example, no matter how much “hourly” time was actually kspent on a case,
the agreed upon percentage was always achieved by simply dividing the perclentage amount by
$1,500.00 to calculate the imaginary number of hours, and then the Rucnners would submit an
invoice for those imaginary number of hours. Whether the Runners asctually spent five (5) or fifty
(50) hours on a particular case was not the measure of the “settlement” fees to be paid to the
Runners, it was always the agreed upon percentage of attorney’s fees earned by Pohl regardless of
actual hours spent on a case.
With regard to auto accidents, Pohl set up a “Google Alerts” to be notified whenever there
was a horrific rollover or other type of vehiclea crash. Pohl would then immediately send the alert
to the Runners so they could arrange to visit hospitals, homes and funerals to contact the families
of the injured in order to solicit theme as clients. The Runners would use their sham companies,
“Helping Hands” to act as thougfh they were approaching these victims to genuinely help them
rather than solicit them. Thye Runners would falsely tell these victims that they were there to
provide money for burCial services, food, clothing, lodging, etc. In reality however, the Runners’
contacted these famailies under these false pretenses with the sole objective of taling advantage of
these victims anfd their families while they were emotionally distraught and not thinking straight
in order tUo lock them into contracts which allowed the runners to select a lawyer for the victim.
The victims and the family members were encouraged to hire Pohl and told they could not get the
money unless they agreed to hire Pohl. Pohl would pay the Runners as much as $7,500 per client
they signed up and Pohl also promised the runners as much as 33% of Pohl’s legal fees on the back
end when the case settled. Additionally, HH Texas would pay HH Mississippi $2,500 for every
client referred to HH Texas to “loan” money to these victims and their family. Pohl used this
procedure as an attempt to put an additional buffer between him and the actual Runners.
Pohl also helped the Runners form another sham entity, the GM Settlemeknt Verification
Team (“GM Team”) after General Motors, Inc. issued a recall on cars duel to faulty ignition
switches which effected the safe operation of the airbag systems on vehiccles. Thus, the GM Team
was designed to look official as if it was part of General Motors. Thsis conspiracy was to form an
official looking entity from GM as if GM was wanting to compensate people who had been harmed
when airbags failed to deploy in relation to the ignition recall. In reality, this was just another
sham company used to solicit and trick potential clients into hiring Pohl. Again, Pohl would pay
Walker and Ladner, through their sham entity, the GM Team, a fee for every potential client it
referred to Pohl, in addition to a percentage ofa his attorney’s fees on the back end.
Pohl knew what he was doing was illegal barratry. Accordingly, he knowingly formed
entities that he perceived would insuleate him from liability. In fact, Walker testified that although
he and Pohl called it “marketingf services” or “marketing money” it was “clear to [him] it was
barratry.” In fact, Walker cyonsidered himself and his company “a pass-through for barratry
money.” All total, WalkCer, Ladner and Precision received over $5 million in “barratry pass-through
money” from Pohl aand other lawyers to solicit potential clients with claims, both auto-accident
victims and thosfe involved in the BP Deepwater Horizon litigation.
OUne of the runners hired by Pohl and Walker to illegally solicit clients on behalf of Pohl
was Magdalena Santana (“Santana”). In her September 24, 2016 affidavit, Santana testified that
Pohl sent her on “dozens and dozens of car wreck cases all over the country.” Pohl would email
Santana the link of news coverage he obtained through Google Alerts depicting an accident and
asked her “to go to the victim or the victim’s family and try to get them to sign up with him.”
Santana swore under oath that Pohl agreed to pay her “$5,000 per case that [she] signed, plus a
percentage of his attorney’s fees.” Santana was advised by Pohl to “be persistent even if the family
... rejected [her].” Santana was instructed by Pohl to “approach the victims and theikr families while
they were vulnerable, in the emergency room, their hospital rooms or at the flunerals.” Pohl told
Santana that minorities “were especially vulnerable since they tended noct to know that the law
prohibited barratry.” According to Pohl, they “were easier to sign usp.”
Pohl would give Santana “money to give to the victims or their families” but would only
give the money to the potential client “if they agreed to sign a Pohl representation contract.” Pohl
advised Santana that the money was a “foot in the door” but instructed Santana not to mention
anything about hiring a lawyer “until after they agreed to take the money.” “If the client agreed to
hire Pohl, then [Santana] was to have the clieant sign a ‘Helping Hands’ contract.” Santana would
then give money to the client “from his own Helping Hands company.” When Santana questioned
this, Pohl told Santana that it “was ilelegal for him to pay [her] directly for cases, and that’s why
the money had to go through somfe company.”
Pohl and/or his co-coynspirators had Santana retract this affidavit through a December 19,
2017 affidavit. This puCrported retraction was likely the result of Pohl paying Santana to retract the
first affidavit, whicah is similar to something Pohl had done in the past. In fact, Pohl’s own
paralegal, Jaimefs, testified that on one occasion Pohl sent him to Florida with a suitcase containing
$50,000 Uin cash to give to Santana in exchange for her agreement not to turn Pohl into the
authorities. Jaimes testified that Santana would only get the money if she signed a statement
agreeing not to mention Pohl’s illegal activity. Jaimes testified that Santana signed the statement
and then he gave her the $50,000.
Santana’s deposition was even more detailed. Santana testified at her deposition that the
statement was an agreement for her to keep quiet and not charge Pohl with any wrongdoing,
criminal or unethical conduct. Santana testified that Pohl paid her $50,000 in cash to sign this
statement, which was delivered by Jaimes in three bags marked “trick or treat.” kVery symbolic
given that Santana had been tricked by Pohl into soliciting potential clients folr him and was now
being treated the money she claimed was due under their agreement jucst to stay quiet. Santana
reiterated in her deposition that if she didn’t sign the gag agreement, sshe would not have received
the money from Pohl. Santana attempted to indicate on the agreement that she was receiving
$50,000 to keep quiet, but Jaimes told her Pohl demanded that she state she only received nominal
consideration, like $100. Santana did not write the statement but “just signed it” because she felt
she was being “forced to sign” it while “under duress.”
Notably, nowhere in Santana’s Decemab r er 19th affidavit does she state the testimony in her
former affidavit is untrue, only that she does not “agree with” it and that the affidavit is not
“reliable.” Although Santana states ein her December 19th affidavit that her prior affidavit was
drafted by a lawyer, Santana tesf f tified in her deposition that the September 24th affidavit was
created voluntarily with her oywn “testimony.” Santana testified that, unlike with Pohl, she was not
paid and had never beCen promised any money to provide the testimony in the September 24th
affidavit. Santana areiterated to counsel for Pohl, Billy Shepherd, that she was there for her
deposition to tefll the truth and would not be bullied by his questioning or his efforts to confuse
her. U
Regardless, Santana’s sworn deposition testimony confirmed most, if not all of the facts
set forth in her initial affidavit and this deposition testimony has never been retracted. Therefore,
Santana confirmed that she was hired by Pohl to solicit auto accident cases, the first one being an
accident where a woman and her unborn child lost their lives. Santana was instructed by Walker,
who was instructed by Pohl, to personally visit the mother of the deceased and sign her up to sue
the tire manufacturer and, if she succeeded, Pohl would pay her $5,000. Following Walker and
Pohl’s instructions, Santana visited the funeral of the deceased and got the kfamily to feel
comfortable with her. Although the mother was grieving, Pohl told Santana: l“take no prisoners,
this is a cut throat business, you get in there and you do whatever it takecs to get this client.” The
solicitation was successful after Pohl gave Santana $2,000 to “give sto the client to convince her
into signing over with the firm.” 
“Coach” Kenneth Talley (“Talley”) was another runner hired by Pohl and Walker who
solicited over 20 auto accident cases for Pohl. Talley has sworn under oath that he was first hired
in relation to BP claims to find “folks that lost money due to the oil spill” and “sign them up” and
“get a fee for it.” Talley testified that he wenta to work “knocking on doors” looking for potential
claimants for Pohl and his partner in the BP litigation. Talley solicited and signed up more than
800 BP claims for Pohl and his co-coenspirators. Talley was paid between $75 and $350 for each
BP client he signed up for Pohl afnd his partners.
Talley eventually swyitched to illegally soliciting auto accident victims for Pohl, “calling
on folks that had bad acCcidents.” Talley recalls that the first client he solicited for Pohl was in “the
hospital in intensivae care.” Talley carried with him up to $1,000 to pay the accident victims to
“help them withf problems” but paid the potential client only once they “were signed up.” Talley
kept a lisUt of all the auto accident cases he solicited so he could keep track of the cases that he was
due a percentage from Pohl’s attorney’s fees on the back end after the case settled. Talley also
followed a checklist that instructed him to, among other things, bring flowers to the initial hospital
visit (but to spend no more than $50) and to offer the victims money but to “make sure the funding
schedule” from HH Texas “is filled out properly before releasing any cash.” Talley would advise
the victims that he had attorneys who could help them such as Pohl. Talley was paid a fee of $1,400
plus his expenses by Pohl, through Walker and/or one of his sham business entities for any auto
accident case he solicited and referred to Pohl. On some cases, Talley was to recekive a portion of
the fee paid to Helping Hands out of Pohl’s attorney’s fees. Talley discuslsed with Pohl the
“percentage of settlements” he was to receive from the cases he solicitecd and referred, and Pohl
told Talley that the money was being placed in an “escrow account” fosr him. When asked whether
Pohl knew he was getting paid to “contact vehicle accident victims,” Talley responded, “the money
was coming from Edgar [Jaimes] who worked for him.” And, although his paycheck was from
Walker’s company, “the funding came by way of Edgar [Jaimes].”
Talley testified that personally soliciting clients for Pohl became so frequent that he began
carrying blank contracts to each solicitationa. Talley testified that he never recommended any
lawyers other than Pohl. However, Talley never told the clients that he was getting paid to solicit
them. Talley would present a contraect to the potential client. If the client did not agree to hire
Pohl, the clients would not get thfe money. Talley testified that Jaimes and Dona (the operators of
HH Texas) would send him ythe money.
Talley further tCestified that both he and Pohl knew what they were doing was illegal. In
one instance, Talleya was “run out of town” while soliciting clients for Pohl. Talley testified that
during the attemfpted solicitation he was told by a “lawyer or policeman” that “it was against the
law whatU [he] was doing.” Talley mentioned this to Pohl and Pohl told him “you’ve just got to
leave...some people you can’t help.”
Walker was eventually indicted and sent to prison. Being afraid of where Walker’s
indictment might lead, Pohl and his lawyer partners stopped paying Walker and the other runners
10
the illegal fees as Pohl had promised. Therefore, Walker, Seymour, Ladner and Precision filed a
lawsuit in Mississippi Federal Court (“Federal Litigation”) against Pohl and his law partners
claiming they were owed millions of dollars in promised fees.
The above facts were compiled during the Federal Litigation. Thereafter,k more than four
hundred clients who were illegally solicited contacted the Kassab Law Firm anld requested Kassab
to represent them in litigation against Pohl and his partners. Kassab filced lawsuits on behalf of
these clients in four different courts in Harris County. Additionally,s due to the egregiousness of
Pohl’s violation of the Texas Penal Code and violations of the Texas Disciplinary Rules of
Professional Conduct, Kassab was required to notify the Texas State Bar pursuant to Rule 8.03 of
the Texas Disciplinary Rules of Professional Conduct. Due to this mandate, Kassab filed
grievances against Pohl pursuant to Rule 8.03. some of Pohl’s clients also prepared and filed
grievances against Pohl arising out of his egreagious conduct.
Because of these actions in representing clients against Pohl and the grievances filed
against Pohl, Pohl filed this retaliatoery lawsuit against Kassab alleging conversion and theft of
trade secrets. Pohl alleges that Kfassab and others stole his property and used it to bring lawsuits
and grievances against Pohly. Specifically, Pohl alleges in his petition that, “Kassab is a lawyer
who specializes in suiCng other lawyers”1 and “Kassab solicited clients/prospective clients [of
Pohl’s] to act as Plaaintiffs . . . to bring cases against Pohl for alleged barratry and other claims.”2
Thus, Pohl has fjudicially admitted that he has brought his suit against Kassab simply because
Kassab coUntacted illegally solicited clients to notify them of Pohl’s illegal conduct and to offer to
represent them in suits against Pohl.
1 Pohl Original Petition, p. 6
2 Id. at p. 6-7
11
The lawsuit is frivolous and without merit as it is based upon false pretenses and was
brought solely for retaliation purposes. Specifically, Kassab did not steal anything from Pohl.
Additionally, Kassab did not purchase any stolen documents belonging to Pohl. Kassab did not
purchase anything belonging to Pohl. Moreover, Pohl is not the owner of documeknts received, if
any, from Precision, Favre, Nicholson, Montague or anyone else. Lastly, nonle of the documents
and/or information that Kassab may have received from various individucals or entities are Pohl’s
trade secrets as Pohl alleges. Furthermore, Pohl has failed to comply swith conditions precedent to
filing his retaliatory suit for conversion and theft of trade secrets.
COUNTERCLAIM FOR CIVIL BARRATRY
Within the lawsuits that Kassab has filed against uPohl on behalf of his former clients and/or
potential clients, Pohl has judicially admitted that na claim for barratry is not a legal malpractice
case. Pohl has also admitted that a becauser a claim for barratry is not a claim for “legal
malpractice,” the Discovery Rule does not apply to a barratry claim. Therefore, based upon Pohl’s
judicial admissions, the assignment of a barratry claim is permitted under Texas law.
Thus, based upon expresfs assignments of interest given to Kassab, Kassab brings
counterclaims against Pohl and his law firm pursuant to Texas Civil Practice and Remedies Code,
Section 16.069. Section 16.069 provides:
(a) If a counatelrclaim or cross claim arises out of the same transaction or occurrence
that is tihe basis of an action, a party to the action may file the counterclaim or
crossi claim even though as a separate action it would be barred by limitations
ono the date the party’s answer is required.
(b) The counterclaim or cross claim must be filed not later than the 30th day after
the date on which the party’s answer is required.
Kassab has been assigned barratry claims on behalf of 242 claimants. These counterclaims
are timely because they were filed within 30 days of the date Kassab filed his original
answer.
12
DESIGNATION OF RESPONSIBLE THIRD PARTIES
A responsible third party is someone who caused or contributed to cause a portion of the
Plaintiff’s alleged damages. Defendant/Counter-Plaintiffs, Kassab, designate George W. (Billy)
Shepherd, Scott Walker, Steve Seymour and Kirk Ladner, Dona Pohl, Edgar Jaimes, Ken Talley,
Magdalena Santana, Helping Hands Financing, LLC (“HH Texas”), Helping Hands Group, LLC,
Helping Hands Financial, LLC (“HH Mississippi”) and GM Settlement Vetrification Team, LLC.
as responsible third parties as these individuals and/or entities are the tsole or proximate cause of
any damages alleged by Pohl. Billy Shepherd (“Shepherd”) represented Pohl in the Federal
Litigation filed against Pohl by Walker, Seymour, Ladner eand Precision. Shepherd knew that
Walker, Seymour and Ladner had sold Precision to Fauvre and knew that Walker, Seymour and
Ladner had legally transferred Precision’s assets annd property to Favre. Shepherd further knew
that Favre and/or his counsel had given documrents to third parties, including Kassab and others
prior to negotiating a settlement in the Federal Litigation. The documents, assets and all other
property that Precision owned that were transferred to Favre are the subject of Pohl’s lawsuit
herein. f
Shepherd negotiated the settlement in the Federal Litigation between Walker, Seymour,
Ladner, Favre and Precision on the one hand and Pohl on the other hand. If Pohl now complains
in this lawsuit thaat lhe was entitled to the return and/or destruction of said assets/property,
Shepherd, as Poihl’s attorney in the Federal Litigation wholly failed to protect Pohl by ensuring
that all subject property was gathered from all third parties and returned to Pohl or destroyed as
part of the any settlement agreement.
Shepherd’s malfeasance was either negligent or intentional. If Shepherd knew that the
subject assets/property were a point of contention in the Federal Litigation and knew that the
assets/property could be used by outside third parties to garner clients to sue Pohl, as Pohl alleges,
13
Shepherd may have intentionally failed to protect Pohl’s interest so that he could secure future
lucrative employment for himself and his law firm for years to come by continuing to represent
Pohl in litigation to be brought against Pohl after the subject property was used to garner clients to
sue Pohl as Pohl alleges. Thus, Shepherd is the sole or proximate cause of Pohl’s alkleged damages.
Walker, Seymour and Ladner sold Precision to Favre. Walker, Seymolur and Ladner also
transferred the subject assets/property of Precision to Favre. Walker testcified under oath that he,
Seymour and Ladner, through Precision, owned all the assets/propersty, including computers and
documents that were transferred to Favre. Walker also testified that he had the legal right and
authority, through Precision, to sell and transfer all the subject assets/property to Favre. Moreover,
Walker, Seymour and Ladner certified that they owned all of the subject property/assets and had
authority to transfer all of the subject property/assets to Favre. If Walker, Seymour and Ladner
did not have the legal right to transfer all of thae subject assets/property to Favre, then they are the
sole or proximate cause of Pohl’s alleged damages. Additionally, if Walker, Seymour, Ladner,
Dona, Jaimes, Talley, Santana or thee business entities listed above had an agreement and/or duty
to safeguard any property allegedfly owned by Pohl, they are responsible for failing to safeguard
the property. Additionally,y the business entities outlined as HH Texas, HH Mississippi, GM
Settlement VerificationC Team, LLC., Walker, Seymour, Ladner, Dona, Jaimes, Talley and Santana
routinely placed Poahl’s alleged trade secrets and documents in the public domain, circulating
Precision’s marfketing lists and other documents allegedly belonging to Pohl to numerous third
parties raUther than safeguard these documents and lists. Therefore, if Pohl has been damaged in
any way as he alleges, Shepherd, Walker, Seymour, Ladner, Dona, Jaimes, Talley, Santana,
Helping Hands Financing, LLC (“HH Texas”), Helping Hands Group, LLC, Helping Hands
14
Financial, LLC (“HH Mississippi”) and GM Settlement Verification Team, LLC. are the sole
and/or proximate cause of his damages.
PRAYER FOR RELIEF
Wherefore, Defendants, Counter-Plaintiffs respectfully pray that Plaintiffs recover nothing
on their claims and that the Defendants, Counter-Plaintiffs recover on their claims against the
Plaintiffs and/or any Third-Party Defendants as follows: t
i) actual and consequential damages; t
ii) statutory damages;
iii) pre- and post-judgment interest; s
iv) attorneys’ fees and costs; and
v) all other relief to which the DefendantsB, Counter-Plaintiffs may be justly entitled.
aRespectfully submitted,
 THE KASSAB LAW FIRM
e / s / Lance Christopher Kassab
c LANCE CHRISTOPHER KASSAB
f Texas State Bar No. 00794070
lance@kassab.law
y DAVID ERIC KASSAB
Texas State Bar No. 24071351
C david@kassab.law
 1214 Elgin Street
a Houston, Texas 77004
c Telephone: 713.522.7400
f Facsimile: 713.522.7410
U ATTORNEYS FOR DEFENDANTS,
COUNTER-PLAINTIFFS LANCE CHRISTOPHER
KASSAB AND THE KASSAB LAW FIRM
15
/s/ Murray Fogler
Murray Fogler
State Bar No. 07207300
mfogler@foglerbrar.com
FOGLER, BRAR, O’NEIL AND GRAY, LLP
909 Fannin, Suite 1640
Houston, Texas 77010 k
Telephone: 713-481-1010 r
Facsimile: 713-574-3224 l
ATTORNEY FOR LANcCE
CHRISTOPHER KArSSAB AND
THE KASSAB LA s W FIRM
REGARDING T D HE AFFIRMATIVE
CLAIMS BYs P LAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copyl of the above and foregoing instrument has been
forwarded to all parties pursuant to the Texaas r Rules of Civil Procedure on this the 13th day of
October 2021. M
e / s / Lance Christopher Kassab
Lance Christopher Kassab
16
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David Kassab
Bar No. 24071351
david@kassab.law r
Envelope ID: 58144098
Status as of 10/13/2021 12:41 PM CST
Case Contacts r i
Name BarNumber Email TimestampSubmitted Status
Jean C.Frizzell jfrizzell@reynoldsfrizzell.com s10/13/2021 12:33:34 PM SENT
Todd Taylor ttaylor@jandflaw.com g10/13/2021 12:33:34 PM SENT
Scott M.Favre scott@favrepa.com u 10/13/2021 12:33:34 PM SENT
Lance Kassab eserve@kassab.law  10/13/2021 12:33:34 PM SENT
Murray JFogler mfogler@foglerbrar.cyom 10/13/2021 12:33:34 PM SENT
Andrew J. Sarne asarne@krcl.coma 10/13/2021 12:33:34 PM SENT
Larry Newsom lnewsom@krcl.com 10/13/2021 12:33:34 PM SENT
Jason M.Ciofalo jason@cioofalolaw.com 10/13/2021 12:33:34 PM SENT
Misty Davis mdavis@reynoldsfrizzell.com 10/13/2021 12:33:34 PM SENT
Harris Wells hweflls@reynoldsfrizzell.com 10/13/2021 12:33:34 PM SENT
Kathryn Laflin KLaflin@KRCL.com 10/13/2021 12:33:34 PM SENT
Dale Jefferson 10607900pjefferson@mdjwlaw.com 10/13/2021 12:33:34 PM SENT
Raul Herman Suazo 24003C021 suazo@mdjwlaw.com 10/13/2021 12:33:34 PM SENT
Kevin Graham Cain 24a01l2371 cain@mdjwlaw.com 10/13/2021 12:33:34 PM SENT
Solace Southwick ssouthwick@reynoldsfrizzell.com 10/13/2021 12:33:34 PM SENT
E. MarieJamison o jamison@wrightclosebarger.com 10/13/2021 12:33:34 PM SENT
Jessica Z.BarUger barger@wrightclosebarger.com 10/13/2021 12:33:34 PM SENT
Felicia Grace fgrace@krcl.com 10/13/2021 12:33:34 PM SENT
Chris C.Pappas cpappas@krcl.com 10/13/2021 12:33:34 PM SENT
Todd Taylor ttaylor@jandflaw.com 10/13/2021 12:33:34 PM SENT
David R.Wade lawyerwade@hotmail.com 10/13/2021 12:33:34 PM SENT"