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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

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