filings: 33
Data license: Public court records
This data as json
| filing_id | date | doc_type | party | description | doc_type_detail | procedural_posture | chain | outcome | phase | filename | relief_requested | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 33 | 2022-09-12 | DECL | Kassab | Lance Kassab’s declaration | Declaration of Lance Christopher Kassab in support of Traditional Motion for Summary Judgment and Response to Pohl's MSJ — sworn testimony under penalty of perjury establishing Kassab's professional background, the joint venture with Montague and Nicholson, the source of client information from Precision Marketing, the four barratry lawsuits and their outcomes, and assertion of work product and attorney-client privilege over communications | Phase 3 evidentiary filing supporting Kassab's MSJ (Filing #30) and his Response to Pohl's No-Evidence MSJ (Filing #34). This is a sworn declaration under penalty of perjury providing foundational facts for Kassab's immunity and justification defenses. Filed September 12, 2022. | MSJ-2 | N/A | Phase 3 | 2022-09-12_DECL_Lance-Kassab-Declaration_FILED.pdf | 9/12/2022 3:28:03 PM Marilyn Burgess - District Clerk Harris County Envelope No: 68168171 By: LOPEZ, ASHLEY V Filed: 9/12/2022 3:28:03 PM CAUSE NO. 2018-58419 MICHAEL A. POHL, et al § IN THE DISTRICT COURT § § V. § OF HARRIS COUNTY, TEXAS ae SCOTT FAVRE, et al § 189th SUDIGIAL DISTRICT DECLARATION OF LANCE CHRISTOPHER KASSAB 1. My name is Lance Christopher Kassab. My date of. ~ is March 12, 1961. My business address is 1214 Elgin Street, H on, Texas 77004. I am of sound mind and have never been conWicted of a felony or misdemeanor involving moral turpitude anda erwise competent to make this declaration. I declare under pe y of perjury that the statements of fact made herein are within personal knowledge and true and correct. 6) 2. Iam an attorney licensed to practice:iaie in the State of Texas. I have been licensed to practice law by theState of Texas since 1995 and I am in good standing. I graduated a a school with honors and was editor-in-chief of Law Review also licensed to practice before the United States Supreme Court, the United States Fifth Circuit Court of Appeals and the United States District Court of Texas, Southern, Eastern and Western Dagens. I was formerly a Briefing Attorney for the First Judicial Disc ourt of Appeals in Houston, Texas and Iam a former intern for Texas Supreme Court and the First Judicial District Court of Appeals. pp ©) 3. For more thaw twenty-five (25) years I have been in private practice handling complex legal malpractice cases. I have been involved in and/or handled appvoximately 2,300 legal malpractice cases and have been alee numerous appeals regarding numerous legal malpractice issues Th e vast majority of these cases have been on the Plaintiff's side. Ho I have also handled the defense of legal malpractice cases. I have. andled cases for clients all over Texas and in numerous other states within the Union such as California, Utah, Nevada, Oregon, Idaho, Arkansas, Colorado, Virginia, Alabama, Louisiana, Florida and Mississippi. 4. I am the owner of Lance Christopher Kassab, PC d/b/a The Kassab Law Firm. I have associated with Hattiesburg attorney F. Douglas Montague 1 (“Montague”) in the past. For instance, Montague and I were co-counsel in lawsuits we brought against John O’Quinn, which we filed on behalf of more than a thousand of O’Quinn’s former silicosis clients. That litigation was filed in 2011 and litigated through 2015. Communications between me or my office on the one hand and Montague and his office on the other hand concerning or relating to that litigation are privileged under the attorney-client and work product privileges and confidéntial under the Texas Disciplinary Rules of Professional Conduct. @ 5. Sometime in the fall of 2014, Montague notified me of litigation filed against Michael A. Pohl (“Pohl”) in Mississippi, styled Cause No. 1:14- cv-381-KS-JCG: Scott Walker, et al. v. Jimmy Williamson, et al.; In the United States District Court for the Southern Dis ib of Mississippi, Southern Division (the “Mississippi Litigation. The Mississippi Litigation was filed by Scott Walker, Kirk Ladnefand Steve Seymore, the then owners of a company named Precision Marketing Group, LLC (“Precision Marketing”). Walker, Ladner and Symore alleged that Pohl had hired their marketing company, Precision arketing, to find and solicit clients to refer to Pohl in excharige for a percentage of Pohl’s attorney’s fees. Precision Marketing algo. alleged that it would receive, from Pohl, a sum certain for each client it referred to Pohl. Walker, Ladner and Seymore alleged that hey acquired thousands of clients relating to the BP Deepwater Hofigpn Oil Spill and referred those clients to Pohl. They also alleged ne ey referred numerous auto accident cases to Pohl. Walker, Ladner, eymore and Precision Marketing sued Pohl claiming he breached ¢heir agreement by refusing to pay them for all of the referrals. & 6. Upon learning of thé Mississippi Litigation, I and staff at my office obtained a large amount of information related to the Mississippi Litigation from ederal court’s online public access to court records system, PACHR.;Falso met with Scott Favre (“Favre”), who I understood became the, owner of Precision Marketing through a_ purchase agreements be had with the prior owners. Upon reviewing the informatior obtained from PACER and through my discussions with Favre oncluded that the clients who were solicited to hire Pohl had pote claims against him for civil barratry pursuant to Section 82.08 1 of the Texas Government Code. 7. On November 11, 2016, I entered into a joint venture agreement with Montague and another lawyer named Tina Nicholson (“Nicholson”). A copy of that agreement is attached hereto as Exhibit A. The purpose of the joint venture was to pursue causes of action against Pohl and others for civil barratry. 2 8. Thereafter, Favre and his counsel, Nicholson, provided me with information from Precision Marketing’s files, including the names and addresses of Pohl’s former clients or prospective clients. This information was provided to me prior to Favre and Precision Marketing settlement of the Mississippi Litigation with Pohl. I understood that this information belonged to and was the property of Precision Markéting, not Pohl or any other person or entity. The basis of this understanding is the purchase and sale agreements, where Walker, Letper and Seymore stated they were the owners of all the assets ,of recision Marketing, including all of the documents in _ thei)possession, computers, computer files, client lists, etc. and that alkof those assets were sold to Favre when her purchased Precision Mpxtsting 9. Pohl has alleged that all of Precision Marketing’sGssets, such as client lists, marketing information and all other doc nts within Precision Marketing’s possession was somehow acqui y improper means. I did not know that the information I we provided by Precision Marketing had been allegedly acquired from ohl by improper means or misappropriated by anyone. In fact, Ichad reviewed agreements that indicated the former owners of Precision Marketing, Scott Walker, Kirk Ladner and Steve Seymour sediment had sold, conveyed, or otherwise transferred all of theirGdeuments, lists, marketing materials, and all other documents and ass s in their possession to Favre and/or his companies. © 10. Pursuant to the joint v & with Montague and Nicholson, I used the information from th “Mississippi Litigation to send advertisement letters to Precision Mayketine’s clients, informing them that they may have been a victim-of barratry, that barratry is illegal and unethical in Texas, and that, fact they were victims of barratry, they would be entitled to fileciyil claims against Pohl. I sent the advertisement letters to the Texas. tate Bar and the bars of other states in which the advertiseménts were distributed for approval. Literally hundreds of individ esponded, indicating that they had been, in fact, personally solicit hire Pohl in their auto accident or BP claims. 11. Beginning at least by February 2017, my firm and the law firms of Montague and Nicholson entered into contracts with more than four hundred individuals to represent them in their claims against Pohl for civil barratry. Attached hereto as Exhibit B are the contracts that we received pertaining to Dezzie Brumfield (signed February 28, 2017), Alice Marie Gandy (signed August 21, 2017), Mark Cheatham, Sr. (signed April 20, 2017) and Mae Berry (signed April 14, 2017) who would 3 become the lead plaintiffs in the four barratry lawsuits that Montague, Nicholson and I were hired to pursue against Pohl. 12.Pursuant to the joint venture, I filed the four separate barratry lawsuits against Pohl (collectively, “the Barratry Litigation”). The Berry case was filed on June 5, 2017, and ultimately included seven plaintiffs that were alleged to have been solicited by Pohl to pursue auto accident claims. The Cheatham case was filed on June 20, 2017, and ultimately gpitided four plaintiffs who were alleged to have been solicited to hess ohl to pursue auto accident claims. The Brumfield case was fil June 8, 2017, and by July 26, 2017, that suit had vopronimatoly. 62 plaintiffs who were alleged to have been solicited to hire Pohl to pursue BP claims. The Gandy case was filed on October 16, 2017, an that suit included approximately 135 plaintiffs who were alleged to ve) been solicited to hire Pohl to pursue BP claims. & 13. Pohl filed this lawsuit against me, Nicholso and Montague on August 28, 2018, while the Barratry Litigation wag Spdoing 6) 14.The Berry case was settled on Decombges0 2019 with Pohl agreeing to pay the plaintiffs a substantial sumof money. The Cheatham case was initially dismissed on summary jidement, but the court of appeals recently reversed, concluding oes ismissal of the case was erroneous. See Cheatham v. Pohl, No. 01- 046-CV, 2022 Tex. App. LEXIS 6528 (Tex. App.—Houston [1st Dit Aug. 30, 2022, no pet. h.). Thus, the Cheatham case is ongoi he Brumfield and Gandy cases were dismissed on summary-iidement based on an affirmative defense of limitations. See Brumfield v. Williamson, 634 S.W.3d 170 (Tex. App.— Houston [1st Dist.] 2027, pet. denied); Gandy v. Williamson, 634 S.W.3d 214 (Tex. App.—Houston [1st Dist.] 2021, pet. denied). We represented the plaintiffs 1 Appeals through the Texas Supreme Court. The appellate courf affirmed on May 27, 2021, and the Texas Supreme Court denied review on January 28, 2022. Our representation of the Brumfield and Gandy @eintifis concluded shortly thereafter. Sou a. 15.In thi wsuit, Pohl has requested communications and documents exc ed between me or my firm on the one hand and Nicholson and ague or their firms on the other hand. Those communications and documents exchanged are protected by the work product privilege because I anticipated litigation against Pohl no later than January of 2015. In fact, Montague and I started discussing litigation against Pohl and others in late 2014 and started circulating a joint venture agreement by January 15, 2015. Nicholson was brought in because she was licensed to practice law in many of the gulf states where we 4 contemplated filing lawsuits against Pohl. Communications and documents exchanged between Montague, Nicholson and I after we anticipated litigation consist of work product. 16. Pohl has also requested communications between me or my firm on the one hand and my clients in the Barratry Litigation on the other hand. Those communications are protected by the attorney-client angers product privileges and are confidential communications under the: exas Disciplinary Rules of Professional Conduct. The communicg iis were made for the purposes of facilitating the rendition of profess} al legal services to my clients in their pursuit of barratry claims Ggainst Pohl. Likewise, the internal work product of my firm is eon: idential and consists of mental impressions, opinions, conclusion eahétes and/or legal theories concerning the Barratry Litigation. Ke) ® Executed in Harris County, State of Texas, on the 12tday of September, 2022. Z x te. Z Lance Christopher Kassab s Ww @ © IN O° & 5 EXHIBIT A | ea _& ® GP er ry x & S & S Ra ee LAW FIRM ) | November 11, 2016 GO XS | Via Email dmontague@mpviaw.com °@ | F, Douglas Montague, HI Z ) | MONTAGUE, PirrMAN & VARNADO, P_A, ® | 525 Main Street @ Hattiesburg, MS 39403 SO Via Email nicholson@ bakernicholson.com Tina Nicholson s\ BAKER NICHOLSON LAW FIRM & 2402 Dunlavy Street Or Houston, Texas 77006 ~\S Re: Joint venture for cause{QF action against Jimmy Williamson, Michael Pohl and any and all afGiiated entities, for violations of the Texas Barratry Statute or any act@eVhegligence arising out of the Deep Water Horizon Oil Disaster, ve accident cases, and any other types of cases solicited by Willamson\and/or Pohl in violation of the Texas Barratry statute by these lawyers, Dear Doug and Tina: ou Please alloy this letter to reflect our agreement regarding our joint venture for suits. against Jimmy Vijtiamson (Williamson), Michael Pohl (Pohl) and any other lawyer or law firm connected wig m responsible for violating of the Texas Barratry Statute arising out of the Deep iene) tl Disaster, vehicle accident cases, and any other types of cases solicited by them in Violation the Texas Barratry statute. ~) agreement is made between our respective law firms, The Kassab Law Firm (Kassab), Montague, Pitman & Varnado, P.A. (Montague} and The Baker Nicholson Law Firm (Baker). We have agreed to bring lawsuits on behalf of clients who were wrongfully solicited on behalf of Williamson and/or Pohl. their respective law firms and anyone else that may be fiable for these actions. Kassab agrees to send out solicitation letters and sign up clients for the lawsuit. Kassab also agrees to drafi relevant petitions, do the bulk of the work in drafting and responding to motions and other filed documents. litigate and try the cases. Kassab also agrees to front fifty percent (50%) of the case expenses. Montague agrees to help manage the clients and help with strategy and litigation where necessary. Montague also agrees to help try cases as second chair if necessary, Montague also agrees to front fifty percent (50%) of the case expenses. Baker agrees to help manage clients, strategize and participate or help in filing suits 1426 Alabanza Street | Houston | Texas | 77004 ~ £.733.929.7400 | f. 713.922.7410 sanane: Poseae) coalthda hives whines fev F. Douglas Montague November 11, 2076 ‘ ft Page 2 of 2 Oy where necessary, including, but not limited to other states where Baker’s atthendys are licensed. Baker also agrees to provide previously prepared solicitation letter templates, thai comply with the ethics rules of each applicable state. We have agreed to split any all attorney's fees generated trom this joint effort in the following way: fifty perce: 30%) to Kassab, forty percent (40%) to Montague and ten percent (10%) to Baker. In ea’és’ where Baker makes an | appearance on the pleadings in States such as Florida and/or Alabina, the parties herein agree to | the following split of fees regarding those cases only: fifty percept 50%) to Kassab, twenty five | percent (25%) to Montague and twenty five percent (25%) (Baker. Cases in which Baker | assumes primary responsibility for litigation as lead coun eli any, shall be negotiated on an | individual basis. © | There may also be cases that arise from the RB Bractice of these lawyers including, but | not limited to, negligence claims. The Parties her€it agree to the same arrangement outlined above with regard to the litigation of these CaBRR, dditionally, some of the clients that have been solicited by these potential defendants ns cancel their contracts and thus, need counsel regarding their cases. Furthermore, some ts may have malpractice actions arising out of Pohi/Williamson’s failure to timely file and@ursue their claims. The Parties herein agree to use their best efforts to either find these cis counsel to handle their cases, in which we agree to split any and all referral fees as outlin ove or we will handle their cases. In either event, the Parties hereto agree to the same auogiess fee split as outlined above. : u SS If this letter accurately owtfines our agreement, please indicate by signing below. w la p Y S Sincerely, . IN THE KASSAB LAW FIRM © ae el . ° o: nn __ 2O ag Kgs apie © “~~ Lance Christopher Kassab . a . EXHIBIT B. oe _& ® GP se ey x & & & S ill LAW FIRM 1420 Alabama Street | Houston | Texas | 77004 p. 713.522.7400 | f. 713.522.7410 www. TexasLegalMalpractice.com POWER OF ATTORNEY FOR PROFESSIONAL SERVICES @ ” * —F- FD ~ Client(s) full legal name: Dz Z2Z14EL Lam onl Lf. turn PIE I. of 3 Client(s) address: —__ Client(s) home phone number:_ ee x number: 2 Cell number: P| ‘lient(s) Email: Client(s) social security number(s): : ss oe (Confidential) @ This agreement is between the above client(s), hereinafiet referred to as “Client” and LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB oda FIRM, MONTAGUE, PITTMAN & VARNADO, P.A. and the BAKER NICHOLSON LAW ne ereinafter referred to as “Attorneys.” 1. SCOPE OF SERVICES. Attorneys are hereby employed and appointed as Client’s true and lawzul attorneys to act for Client and to prosgepite Client’s claims or causes of action against: JIMMY WILLIAMSON, JIMMY WILLIAMSO - AND/OR MICHAEL A. POHL (Defendants) and all other persons, firms, corporations, or byst ss entities legally responsible for causing Client’s damages resulting from such acts as follows; BARRATRY, LEGAL pRacrice AND/OR BREACH OF FIDUCIARY DUTY ARISING O THE BP DEEP HORIZON LITIGATION Client understands that Client’s case may be filed and litigated jointly with other clients who are similarly situate ient and/or who have similar claims against Defendants. As such, Client is aware rees that Client’s confidential information may necessarily be disclosed among otherclients in order to effectuate a settlement. Client further understands and a s that if a disagreement or dispute arises between any of the common clients to sharing of the confidential information, the attorney-client privilege may not be available for assertion by any of them against the other(s) on certain issues. Finally, if a ca on or aggregate sett:ement is effectuated, Client understands and agrees that the of demand may require ue consent of all commonly-represented clients and the failure‘of one or a few members of the group to consent to the settlement may result in the withdrawal of the settlement or offer. Client further understands that Attorneys are not specialized in, nor do they give, tax advice, bankruptcy advice, family law or estate planning advice or any other advice involving other non- civil or non-personal injury areas of specialized practice of law and they would recommend the retention of a Certified Public Accountant (CPA) or qualified tax lawyer with regard to any questions as to the taxability of any proceeds that are received pursuant to this agreement. Client(s) Initials: D LB Page 1 of 6 2. AUTHORITY. Client authorizes Attorneys to act as Client’s negotiator, to file pleadings and appear in courts of law in Client’s behalf, to prosecute Client’s claims or causes of action to settlement or final judgment, and to take any appropriate legal action they deem reasonably necessary in the preservation of Client’s rights and claims. Client further authorizes attorneys to do all things that Client might lawfully do in Client’s behalf, and ratifies and confirms all such lawful acts that Attorneys may do or cause to be done on behalf of Client. Provided, however, that no settlement shall be made by attorneys without Client’s approval. If C refuses an offer of settlement against Attorney’s recommendation, then Client agrees to e responsible for paying all costs and expenses of the case, and must reimburse Attoméy for expenses and costs already incurred within seven (7) days of a written demand for such reimbursement. If Client fails to timely reimburse Attorney after receiving such written e, then such failure constitutes a termination of the representation by the Client. In the pave such termination, Attorneys are entitled to retain their entire contingency fee meee 3. CONTINGENT FEE. In consideration of the services rémlered and to be rendered by Attorneys, Client assigns and conveys to Attorneys the followiag present undivided interest in and to Client’s claims or causes of action: S) S 33-1/3% of any sum collected betes sui is filed; OR 40% of any sum collected suit is filed and settlement is made without a ria OR 45% of any sum coll after the day prior to the first day trial begins a lement is made or judgment is paid without appéal. The above percentages shall be calcul On the gross total settlement and/or recovery of cash, property, reduction of debt or any, oi calculable benefit Client obtains through Attorney’s representation, whether paid by pace ic payments, lump sum payment, transfer of property (real or personal) or calculated by the cost of a structured settlement, or any combination thereof. The contingent fee will be calculated on the gross recovery before the deduction of costs and expenses. The co ent fee granted to attorneys based on the foregoing percentages shall be and does hereby constitute a lien upon said claims or causes of action and any proceeds of settlement or judgment, Client further understands that this Contract of Employment and Power of Attorney extends through the trial of this cause and the post-trial motions leading to the entry of a final trial Soot judgment. However, Attorneys will not have any duty to undertake an appeal under this Co tract of Employment and Power of Attorney unless and until there is an agreement bet eon Client and the Attorneys to undertake same for an additional fee. If there is to be an ap cal; of this case and the Client and the Attorneys agree to appeal this case, then Attorneys! feos for the consummation and handling of that appeal will be negotiated at that time. 4, REFERRAL FEE. Client understands that no one has an interest in this case as a referring attorney included in the fees to be paid as described above. The referring attorney’s interest is n/a of the gross attorney’s fees collected by Attorneys. 5. CosTS, EXPENSES AND COMMON EXPENSES. Client understands that Client’s claims may be litigated together with similarly situated clients. Client therefore understands that Attorney Client Initials: D Lf Page 2 of 6 may advance sums to.cover reasonable and necessary expenses which in his opinion are reasonably necessary for the development of the Client’s case including any client-specific expenses as well as Client’s share of various “common expenses.” Common expenses are expenses that benefit multiple clients who are involved in the same litigation. Examples of common expenses include costs associated with expert witnesses, consultants, investigators or witnesses who will testify on common issues, deposition costs for deposing Defendants and witnesses (i.e. the main defendants or the staff members of defendants), travel costs associated with common depositions and with attending hearings at which motions on co issues are heard, copying charges for copying or scanning documents that pertain to on issues or clients, court reporter and deposition fees that pertain to common issues of ohents, as well as miscellaneous costs such as parking costs, certified mail, delivery charges, and postage for motions and briefings which pertain to common issues or clients. Client “spécific costs” are costs that will likely be incurred that benefit only the one specific Sent eee would not be incurred if that particular client did not exist. Examples of speéifié costs include physical examinations, costs associated with deposition of the particulaf<client, costs associated with expert witness testimony that will only benefit the specific cliént, copy charges, postage for motions, letters, correspondence or other briefs which only benéfit the specific client as well as travel costs to attend hearings, depositions or other legal eheening which only benefit the specific client. Client understands and agrees that if Attomiey advance any court costs and other litigation expenses incident to the handling of Clients) aims, including common expenses, Client will be responsible for reimbursing Attorneys‘out of any recovery made in client’s lawsuit. Common expense deductions will be called as follows: S At the time of settlement or resolutio of Clients’ case, Client will be responsible for its percentage of the common expenses which will be deducted from any recovery after the deduction of any attorneys’ fees. The percentage will be calculated by taking the total nuriber of clients and dividing this number by the total amount of common expenses. As an example, if there are 100 clients and common expenses amoun 0,000.00, then each client would be required to pay $100.00 in common pens (100 clients / $10,000.00 = $100). As another example, if there are 150\cHents and the common expenses amount to $30,000.00, then each client woul fe required to pay $200.00 in common expenses (150 clients / $30,000.00 < 00). Client further agrees meat sums advanced by Attorneys to cover such necessary court costs and other litigation expenses incident to the preparation and prosecution of Client’s claims or causes of action will beetaid to Attorneys out of any sum collected in addition to any contingent fee set forth hereii ient agrees that any advancement of costs or expenses by Attorneys shall also constitut ien on Client’s claims and any proceeds of any settlement or judgment. If there is n very for Client, Client will not be responsible for any costs and/or expenses to develop the case. 6. WARRANTIES AND REPRESENTATIONS. Attorneys agree to use the firm’s best efforts in representing Client. Client understands that Attorneys make no warranties or representations regarding the successful outcome of Client’s claims or causes of action, the value thereof, or any expected recovery, and any expression relative thereto is a matter of Attorney's opinion only. Attorneys do not guarantee any timeframe within which Client’s claims or causes of action will be resolved. Client Initials: DL (2 Page 3 of 6 7. CLIENT OBLIGATIONS. Client agrees to tell Attorneys the truth, to cooperate with and keep Attorneys informed of any developments relative to Client’s claims or causes of action, to faithfully comply with this agreement, and to keep Attorneys advised of any changes to Client’s address or telephone number. 8. FICTITIOUS, GROUNDLESS, OR BAD FAITH. Client understands that in the event a suit filed in Client’s behalf is found to be frivolous, fictitious, groundless, or brought in bad faith, Client may be liable for defendant's attorney's fees. NZ) 9. SANCTIONS. Client agrees that Client must timely comply with diyeSPory requests from opposing counsel. Client understands that Client’s failure to comply -with discovery requests could result in the court imposing sanctions in the form of a fine or 0 penalty. Client agrees that in the event sanctions are imposed, Client will be solely responsible for paying any and all sanctions, and Client further agrees that Attorneys will not be onsible or liable for any sanction award. ® oP 10. LIABILITY FOR CourT CosTs. Client understands ht in the event a lawsuit is filed in Client’s behalf and such lawsuit is not ultimately resolve Client’s favor, court costs could be assessed against Client. Client understands that aap costs will not be paid by Attorneys and agrees to pay such court costs should they be impage . 11. IF NO RECOVERY. Client further undeiSiands that if Attorneys are unable to recover anything either by settlement or trial, Client alfjowe Attorneys nothing as a fee and Client shall not be obligated to reimburse Attorneys rege advanced on Client’s behalf. 12. | CONSENT TO ASSOCIATE. Clier understands and agrees to the association of Lance Kassab of The Kassab Law Firm, Ress Montague of the law firm Montague, Pittman & Varnado, P.A. and Tina Nicholsosef the Baker Nicholson Law Firm to represent Client and other similarly situated Clients ini gation and/or potential claims. Attorneys have agreed to split all attorney’s fees in the RN ing manner: Fifty percent (50%) the Kassab Law Firm: Forty percent (40%) 0 Montague, Pittman & Varnado, P.A.: and Ten percent Ce to The Baker Nicholson Law Firm. of However, if The a Nicholson Law Firm assumes primary responsibility for litigation as lead counsel in Cli case, then the Attorney’s have agreed to split all attorney’s fees in the following m : Fis cent (50%) to The Kassab Law Firm Twenty-Five percent (25%) to Montague, Pitman & Varnado, P.A.; and Twenty-Five percent (25%) to The Baker Nicholson Law Firm. The lawyers and law firms listed above have agreed to assume joint responsibility for the representation of Client. Client understands and agrees to the association of these law firms and the percentages of fees allocated to each law firm as stated above. The division of fees between Client Initials: | yay, Page 4 of 6 the lawyers and law firms listed above will not increase or change the amount of attorneys’ fees charged to the Client as outlined in Paragraph 3 above. 13. TERMINATION AND WITHDRAWAL. Client understands and agrees that Attorneys may terminate the attorney-Client relationship created by this agreement and withdraw from Client’s representation with or without Client’s consent for any reason Attorneys deem necessary. 14. CONTROVERSY AND DISPUTES. Any controversy arising out of or relating to Attorneys’ representation of Client or this contract or any modificatidg) or extension thereof, including any claim for breach of contract, tort, for damages, Gr for rescission or reformation of this contract, or any other claim shall be settled by ‘a_court of law with competent jurisdiction in Harris County, Texas without a jury. © SS 15. CLIENT REQUESTS. Client understands that if requests by t are not consistent with the standard of care required of Attorneys, the Texas Disciplinary s of Professional Conduct, the Texas Supreme Court’s Mandate of Professionalism, or¢ommon courtesies expected between Attorneys and other lawyers or third parties, Attorneys are entitled to refuse without breaching this agreement. ) 16. DISCIPLINARY ISSUES. Client understands oa other alternative remedies against Defendant attorneys may exist. For that reason th ployment of Attorneys are not for the purpose of prosecuting other alternative remedie she criminal, disciplinary, or other civil matters. However, Client is hereby specifically a ised in accordance with the Disciplinary Rules of Texas that the State Bar of Texas i vest gates and prosecutes professional misconduct committed by Texas attorneys. Although nak ever complaint against or dispute with a lawyer involves professional misconduct, the St ar's Office of General Counsel will provide you with information about how to file a complaint. You may call the State Bar's General Counsel Office toll free at 1-800-932-1900 fo re information. The complaint that may be filed by the State Bar's General Counsel’s officesot by you as part of a disciplinary proceeding is NOT the same thing as a legal malpracticg e¢ that may be prosecuted on your behalf by Attorneys. 17. CONTRACT SURVIV TY. This agreement and the powers and authority granted herein shall survive and cs inate upon Client’s death, mental incapacity, or legal disability. 18. | SINGULAR ANDXPLURAL. When the context requires, singular nouns and pronouns used herein include the phi: wS 19. Savina ann SEVERABILITY. If any provision of this agreement is held void and/or unenforceabl en such provision will be modified to reflect the parties’ intention. All remaining gibpisions of this agreement shall remain in full force and effect. 20. | COMPLETE AGREEMENT. This document sets forth the complete agreement between Attorneys and Client and may be modified only by a written instrument signed by both a legal representative of LANCE CHRISTOPHER KAssaB, P.C. and Client. It is agreed that there are no oral representations of any kind. 21. COMPLETE UNDERSTANDING. By signing below and initialing each page, Client acknowledges he has fully read this agreement, its terms, effects and consequences and that its Client Initials: | ye Page 5 of 6 terms, effects and consequences have been fully and completely explained to Client by Attorneys to Client’s full satisfaction. PLEASE INITIAL EACH PAGE, PRINT NAME, SIGN AND DATE patep: A~Z28 - _, 2017. é E226 Ames | Lv wt EY CLIENT: (Printed Name) SS CLIENT: (Si re) ® GP LANCE CHRISTOPHER KASSAB, P.C. D/B/A S) THE KASSAB LAW FIRM, MONTAGUE, PITTMAN & Varna ; P.A. BAKER NICHOLSON LAW FIRM =a JZ- <£& © cS Se IN O° & & Client Initials: 9) Lts Page 6 of 6 LAW FIRM 1214 Elgin Street | Houston | Texas | 77004 p. 713.522.7400 | f. 713.522.7410 www.TexasLegalMalpractice.com POWER OF ATTORNEY FOR PROFESSIONAL SERVICES Client(s) full legal name: Al, cL M avit - 1th. ( Lawn Ws /Seadin Salon Client(s) home phone number: i work number: , Cell number: ED ient(s) Emait: Client(s) social security number(s): Po (Confidential) p This agreement is between the above client(s), hereinafter referred to as “Client” and LANCE Sy, CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB LAW FIRM, MONTAGUE, PITTMAN & wo) D VARNADO, P.A. and the BAKER NICHOLSON LAW FIRM hereinafter referred to as “Attorneys.” “Qe. 1. SCOPE OF SERVICES. Attorneys are hereby employed and appointed as Client’s true and “(apt attorneys to act for Client and to prosecute Client’s claims or causes of action against: Asie WILLIAMSON, JIMMY WILLIAMSON, P.C. AND/OR MICHAEL A. POHL (Defendants) and all ersons, firms, corporations, or business entities legally responsible for causing Client’s damage sulting from such acts as follows: Bagh Y, LEGAL MALPRACTICE AND/OR BREACH OF FIDUCIARY DUTY CAxisiNc OUT OF THE BP DEEP HORIZON LITIGATION My Client understands that t’s case may be filed and litigated jointly with other clients who are similarly situated fo wR and/or who have similar claims against Defendants. As such, Client is aware and agr (Chat Client’s confidential information may necessarily be disclosed among other clients i (Sbrder to effectuate a settlement. Client further understands and agrees that if a di iafeement or dispute arises between any of the common clients to the sharing of the co dential information, the attorney-client privilege may not be available for assertion by any of thea against the other(s) on certain issues. Finally, if a common or aggregate settlement is ffesuatd, Client understands and agrees that the offer or demand may require the consent 0 call) commonly-represented clients and the failure of one or a few members of the group to consent to the settlement may result in the withdrawal of the settlement or offer. 3 wy Client further understands that Attorneys are not specialized in, nor y give, tax advice, bankruptcy advice, family law or estate planning advice or any other advicé j volving other non- civil or non-personal injury areas of specialized practice of law and they would recommend the retention of a Certified Public Accountant (CPA) or qualified tax lawyer with regard to any questions as to the taxability of any proceeds that are received pursuant to this agreement. Client(s) Initials: fim CG, Page 1 of 6 2. AUTHORITY. Client authorizes Attomeys to act as Client’s negotiator, to file pleadings and appear in courts of law in Client’s behalf, to prosecute Client’s claims or causes of action to settlement or final judgment, and to take any appropriate legal action they deem reasonably necessary in the preservation of Client’s rights and claims. Client further authorizes attorneys to do all things that Client might lawfully do in Client’s behalf, and ratifies and confirms all such lawful acts that Attorneys may do or cause to’be done on behalf of Client. Provided, however, that no settlement shall be made by attorneys without Client’s approval. If Client refuses an offer of settlement against Attorney’s recommendation, then Client agrees to become responsible for paying all costs and expenses of the case, and must reimburse Attorney for expenses and costs already incurred within seven (7) days of a written demand for such reimbursement. If Client fails to timely reimburse Attorney after receiving such. written notice, then such failure constitutes a termination of the representation by the Client. In the event of such termination, Attorneys are entitled to retain their entire contingency fee interest. 3. CONTINGENT FEE. In consideration of the services rendered and to be rendered by Attorneys, Client assigns and conveys to Attorneys the following present undivided interest in and to Client’s claims or causes of action: ?. % 33-1/3% of any sum collected before suit is filed; OR XD 40% of any sum collected after suit is filed and settlement is “Qe. made without a trial; OR o, 45% of any sum collected after the day prior to the first day Q trial begins and settlement is made or judgment is paid SS) without appeal. The above pee ntages shall be calculated on the gross total settlement and/or recovery of cash, property, retin of debt or any other calculable benefit Client obtains through Attorney’s representation, W ether aid by periodic payments, lump sum payment, transfer of property (real or personal) or cli by using the cost of a structured settlement, or any combination thereof. The continge ill be calculated on the gross recovery before the deduction of costs and expenses. The c ent fee granted to attorneys based on the foregoing percentages shall be and does hereby cons tutéalien upon said claims or causes of action and any proceeds of settlement or judgment. Client t understands that this Contract of Employment and Power of Attorney extends through tne hay f this cause and the post-trial motions leading to the entry of a final trial court judgment. Hover Artomey will not have any duty to undertake an appeal under this Contract of Employment akd’Power of Attorney unless and until there is an agreement between Client and the Attorneys to wade e same for an additional fee. If there is to be an appeal of this case and the Client and the eys agree to appeal this case, then Attorneys’ fees for the consummation and handling of th RY, will be negotiated at that time. 4, REFERRAL FEE. Client understands that no one has an ie in this case as a referring attorney included in the fees to be paid as described above. The F attorney’s interest is n/a of the gross attorney’s fees collected by Attorneys. 7) 5. Costs, EXPENSES AND COMMON EXPENSES. Client understands that Client’s claims may be litigated together with similarly situated clients. Client therefore understands that Attorney Client Initials: Rife Page 2 of 6 may advance sums to cover reasonable and necessary expenses which in his opinion are reasonably necessary for the development of the Client’s case including any client-specific expenses as well as Client’s share of various “common expenses.” Common expenses are expenses that benefit multiple clients who are involved in the same litigation. Examples of common expenses include costs associated with expert witnesses, consultants, investigators or witnesses who will testify on common issues, deposition costs for deposing Defendants and witnesses (i.e. the main defendants or the staff members of defendants), travel costs associated with common depositions and with attending hearings at which motions on common issues are heard, copying charges for copying or scanning documents that pertain to common issues or clients, court reporter and deposition fees that pertain to common issues or clients, as well as miscellaneous costs such as parking costs, certified mail, delivery charges, and postage for motions and briefings which pertain to common issues or clients. Client “specific costs” are costs that will likely be incurred that benefit only the one specific client and likely would not be incurred if that particular client did not exist. Examples of specific costs include physical examinations, costs associated with deposition of the particular client, costs associated with expert witness testimony that will only benefit the specific client, copy charges, postage for motions, letters, correspondence or other briefs which only benefit the specific client as well as travel costs to attend hearings, depositions or other legal proceedings which only benefit the S) specific client. Client understands and agrees that if Attorneys advance any court costs and other A) litigation expenses incident to the handling of Client’s claims, including common expenses, Ae) Client will be responsible for reimbursing Attorneys out of any recovery made in client’s Kp lawsuit. Common expense deductions will be calculated as follows: "© At the time of settlement or resolution of Clients’ case, Client will be responsible Sigfor its percentage of the common expenses which will be deducted from any @eveyery after the deduction of any attomeys’ fees. The percentage will be c ed by taking the total number of clients and dividing this number by the = of common expenses. As an example, if there are 100 clients and commo ses amount to $10,000.00, then each client would be required to pay $100.00 "6 on expenses (100 clients / $10,000.00 = $100). As another example, if thee 50 clients and the common expenses amount to $30,000.00, then each client veal required to pay $200.00 in common expenses (150 clients / $30,000.00 = Client further agrees that all sums advan by Attomeys to cover such necessary court costs and other litigation expenses incident to the rep and prosecution of Client’s claims or causes of action will be repaid to Attorneys out 0 uncollected in addition to any contingent fee set forth herein. Client agrees that any advancéient of costs or expenses by Attorneys shall also constitute a lien on Client’s claims and any procel of any settlement or judgment. If there is no recovery for Client, Client will not be response for any costs and/or expenses to develop the case. Ye 6. WARRANTIES AND REPRESENTATIONS. Attorneys agree toisé the firm’s best efforts in representing Client. Client understands that Attorneys make no vara or representations regarding the successful outcome of Client’s claims or causes of action, theWalue thereof, or any expected recovery, and any expression relative thereto is a matter of Attomey's opinion only. Attorneys do not guarantee any timeframe within which Client’s claims or causes of action will be resolved. Client Initials: By WAG, Page 3 of 6 7. CLIENT OBLIGATIONS. Client agrees to tell Attorneys the truth, to cooperate with and keep Attorneys informed of any developments relative to Client’s claims or causes of action, to faithfully comply with this agreement, and to keep Attorneys advised of any changes to Client’s address or telephone number. 8. FICTITIOUS, GROUNDLESS, OR BAD FAITH. Client understands that in the event a suit filed in Client’s behalf is found to be frivolous, fictitious, groundless, or brought in bad faith, Client may be liable for defendant's attorney's fees. 9, SANCTIONS. Client agrees that Client must timely comply with discovery requests from opposing counsel. Client understands that Client’s failure to comply with discovery requests could result in the court imposing sanctions in the form of a fine or other penalty. Client agrees that in the event sanctions are imposed, Client will be solely responsible for paying any and all sanctions, and Client further agrees that Attorneys will not be responsible or liable for any sanction award. 10. LIABILITY FOR CourT Costs. Client understands that in the event a lawsuit is filed in S) Client’s behalf and such lawsuit is not ultimately resolved in Client’s favor, court costs could be A) assessed against Client. Client understands that such court costs will not be paid by Attorneys Ae) and agrees to pay such court costs should they be imposed. Z “LG. IF NO RECOVERY. Client further understands that if Attorneys are unable to recover ° (apything either by settlement or trial, Client shall owe Attorneys nothing as a fee and Client shall orb gbligated to reimburse Attorneys for expenses advanced on Client’s behalf. 12. Conse TO ASSOCIATE. Client understands and agrees to the association of Lance Kassab of rn Law Firm, Doug Montague of the law firm Montague, Pittman & Varnado, P.A.‘and Tina Nicholson of the Baker Nicholson Law Firm to represent Client and other similarly situa jents in its litigation and/or potential claims. Attorneys have agreed to split all attorney’s fees ollowing manner: Fifty percent (50%) Hea Law Firm: Forty percent (40%) to Mo gus Pittman & Varnado, P.A.: and Ten percent (10%) to The Baker Nicholson Law Firm. However, if The Baker Nicholson Law Firm sstimes primary responsibility for litigation as lead counsel in Client’s case, then the Attorney’s ha’ (a eed to split all attorney’s fees in the following manner: 5 Fifty percent (50%) to The Kassab Law Firm A Cy Twenty-Five percent (25%) to Montague, Pitman & Varnad?.. and Twenty-Five percent (25%) to The Baker Nicholson Law ©) GY The lawyers and law firms listed above have agreed to assume joint reéponsibility for the representation of Client. Client understands and agrees to the association of these law firms and the percentages of fees allocated to each law firm as stated above. The division of fees between Client Initials: (\\\G. Page 4 of 6 the lawyers and law firms listed above will not increase or change the amount of attorneys’ fees charged to the Client as outlined in Paragraph 3 above. 13. | TERMINATION AND WITHDRAWAL. Client understands and agrees that Attorneys may terminate the attorney-Client relationship created by this agreement and withdraw from Client’s representation with or without Client’s consent for any reason Attorneys deem necessary. 14. | CONTROVERSY AND DISPUTES. Any controversy arising out of or relating to Attorneys’ representation of Client or this contract or any modification or extension thereof, including any claim for breach of contract, tort, for damages, or for rescission or reformation of this contract, or any other claim shall be settled by a court of law with competent jurisdiction in Harris County, Texas without a jury. 15. | CLIENT REQUESTS. Client understands that if requests by Client are not consistent with the standard of care required of Attorneys, the Texas Disciplinary Rules of Professional Conduct, the Texas Supreme Court’s Mandate of Professionalism, or common courtesies expected between Attorneys and other lawyers or third parties, Attorneys are entitled to refuse without breaching this agreement. ?. % 16. DISCIPLINARY ISSUES. Client understands that other alternative remedies against Wi, Defendant attorneys may exist. For that reason the employment of Attorneys are not for the Y, purpose of prosecuting other alternative remedies whether criminal, disciplinary, or other civil ° LS matters. However, Client is hereby specifically advised in accordance with the Disciplinary ° Cae of Texas that the State Bar of Texas investigates and prosecutes professional misconduct ommutted by Texas attorneys. Although not every complaint against or dispute with a lawyer invol essional misconduct, the State Bar's Office of General Counsel will provide you with info ion about how to file a complaint. You may call the State Bar's General Counsel Office toll ee 1-500-932-1900 for more information. The complaint that may be filed by the State Bar's Ge Cpel's office or by you as part of a disciplinary proceeding is NOT the same thing as a lega ‘appractice case that may be prosecuted on your behalf by Attorneys. 17. CONTRACT Sunvivainsty, This agreement and the powers and authority granted herein shall survive and not te unBSS upon Client’s death, mental incapacity, or legal disability. 18. SINGULAR AND PLURAL. When tbe context requires, singular nouns and pronouns used herein include the plural. & 19. SAVINGS AND SEVERABILITY. If any this i6n of this agreement is held void and/or unenforceable, then such provision will be modi o reflect the parties' intention. All remaining provisions of this agreement shall remain in TE effect. O 20. © COMPLETE AGREEMENT. This document sets forth We plete agreement between Attorneys and Client and may be modified only by a written insta signed by both a legal representative of LANCE CHRISTOPHER KASSAB, P.C. and Client. It is seed that there are no oral representations of any kind. 21. COMPLETE UNDERSTANDING. By signing below and initialing each page, Client acknowledges he has fully read this agreement, its terms, effects and consequences and that its Client Initials: AY \\ (, Page 5 of 6 terms, effects and consequences have been fully and completely explained to Client by Attorneys to Client’s full satisfaction. PLEASE INITIAL EACH PAGE, PRINT NAME, SIGN AND DATE patep: -2\ 2017. CLIENT: (Printed Name) CLIENT: (Signature) LANCE CHRISTOPHER KASSAB, P.C. D/B/A S) THE KASSAB LAW FIRM, MONTAGUE, PITTMAN & VARNADO, P.A. A) BAKER NICHOLSON LAW FIRM &, ; F “se i ‘a, © "8g Ae We MO & Qo “Q5 <), “SY Ly Client Initials: Qs Page 6 of 6 LAW FIRM 1420 Alabama Street | Houston | Texas | 77004 p. 713.522.7400 | f. 713.522.7410 www.TexasLegalMalpractice.com POWER OF ATTORNEY FOR PROFESSIONAL SERVICES @ Client(s) full legal name: Client(s) address: _ Client(s) home phone number TE ork number; -_ Cell number: Client(s) Email: Client(s) social security number(s): ____ (Confidential) @ This agreement is between the above client(s), herein > ered to as “Client” and LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASS FIRM, MONTAGUE, PITTMAN & VARNADO, P.A. and the BAKER NICHOLSON LAW ereinafter referred to as “Attorneys.” 1. SCOPE OF SERVICES. Attorneys are perdy npoyed and appointed as Client’s true and lawful attorneys to act for Client and to pr égute Client’s claims or causes of action against: MICHAEL A. POHL (Defendant) and all other persons, firms, corporations, or business entities legally responsible for causing Client’s damages resulting from such acts as follows: BARRATRY, LEGAL MAL TICE AND/OR BREACH OF FIDUCIARY DUTY ARISING F A ROLLOVER CASE INCIDENT Client understands that Cli ®) case may be filed and litigated jointly with other clients who are similarly situated lient and/or who have similar claims against Defendants. As such, Client is aware an rees that Client’s confidential information may necessarily be disclosed among other) clients in order to effectuate a settlement. Client further understands and agrees that if a disagreement or dispute arises between any of the common clients to sharing of the confidentiai information, the attorney-client privilege . may not be av ale e for assertion by any of them against the other(s) on certain issues. inally,if-a corn on or-ageregate settlemen effectuated,-Client-understands-and-agrees——— that the off or oF demand may require the consent of all commonly-represented clients and the failu ¢ of one or a few members of the group to consent to the settlement may result in the withdrawal of the settlement or offer. Client further understands that Attorneys are not specialized in, nor do they give, tax advice, bankruptcy advice, family law or estate planning advice or any other advice involving other non- civil or non-personal injury areas of specialized practice of law and they would recommend the retention of a Certified Public Accountant (CPA) or qualified tax lawyer with regard to any questions as to the taxability of any proceeds that are received pursuant to this agreement. Client(s) Initials: MN C Page 1 of 6 2. AUTHORITY. Client authorizes Attorneys to act as Client’s negotiator, to file pleadings and appear in courts of law in Client’s behalf, to prosecute Client’s claims or causes of action to settlement or final judgment, and to take any appropriate legal action they deem reasonably necessary in the preservation of Client’s rights and claims. Client further authorizes attorneys to do all things that Client might lawfully do in Client’s behalf, and ratifies and confirms all such lawful acts that Attorneys may do or cause to be done on behalf of Client. Provided, however, that no settlement shall be made by attorneys without Client’s approval. If Client refuses an offer of settlement against Attorney’s recommendation, then Client agrees to becaite responsible for paying all costs and expenses of the case, and must reimburse Actornes expenses and costs already incurred within seven (7) days of a written demand for sucheimbursement. If Client fails to timely reimburse Attorney after receiving such written n , then such failure constitutes a termination of the representation by the Client. In the event of such termination, Attomeys are entitled to retain their entire contingency fee interest. . & 3. | CONTINGENT FEE. In consideration of the services renteved and to be rendered by Attorneys, Client assigns and conveys to Attorneys the following present undivided interest in and to Client’s claims or causes of action: & 33-1/3% of any sum collected before shit is filed; OR 40% of any sum collected afiereuit is filed and settlement is made without a na ge 45% of any sum collected er the day prior to the first day trial begins an ement is made or judgment is paid without app nae The above percentages shall be caleulaedn the gross total settlement and/or recovery of cash, property, reduction of debt or any other calculable benefit Client obtains through Attorney’s representation, whether paid by peri payments, lump sum payment, transfer of property (real or personal) or calculated > cost of a structured settlement, or any combination thereof. The contingent fee e calculated on the gross recovery before the deduction of costs and expenses. The contingent fee granted to attorneys based on the foregoing percentages shall be and does hereby constitute a lien upon said claims or causes of action and any proceeds of settlement or jud ~” Client further understands that this Contract of Employment and Power of Attorney exis through the trial of this cause and the post-trial motions leading to the entry of a final trial ¢oyirt judgment. However, Attorneys will not have any duty to undertake an appeal under thi Contract of Employment and Power of Attorney unless and until there is an agreement betwss Client and the Attorneys to undertake same for an additional fee. If there is to be an appe4lof this case and the Client and the Attorneys agree to appeal this case, then Attomeys fees for the consummation and handling of that appeal will be negotiated at that time. 4. REFERRAL FEE. Client understands that no one has an interest in this case as a referring attorney included in the fees to be paid as described above. The referring attorney’s interest is n/a of the gross attorney’s fees collected by Attorneys. 5. Costs, EXPENSES AND COMMON EXPENSES. Client understands that Client’s claims may be litigated together with similarly situated clients. Client therefore understands that Attorney may advance sums to cover reasonable and necessary expenses which in his opinion are Client Initials: me _ Page 2 of 6 reasonably necessary for the development of the Client’s case including any client-specific expenses as well as Client’s share of various “common expenses.” Common expenses are expenses that benefit multiple clients who are involved in the same litigation. Examples of common expenses include costs associated with expert witnesses, consultants, investigators or witnesses who will testify on common issues, deposition costs for deposing Defendants and witnesses (i.e. the main defendants or the staff members of defendants), travel costs associated with common depositions and with attending hearings at which motions on common issues are heard, copying charges for copying or scanning documents that pertain to contin issues or clients, court reporter and deposition fees that pertain to common issues or clients, as well as miscellaneous costs such as parking costs, certified mail, delivery charges,))and postage for motions and briefings which pertain to common issues or clients. Client “specific costs” are costs that will likely be incurred that benefit only the one specific client i tikes would not be incurred if that particular client did not exist. Examples of specificocosts include physical examinations, costs associated with deposition of the particul tent, costs associated with expert witness testimony that will only benefit the specific client/ copy charges, postage for motions, letters, correspondence or other briefs which only be the specific client as well as travel costs to attend hearings, depositions or other legal edings which only benefit the specific client. Client understands and agrees that if Atto advance any court costs and other litigation expenses incident to the handling of Client’s¢ aims, including common expenses, Client will be responsible for reimbursing Attomne¥s_jout of any recovery made in client’s lawsuit. Common expense deductions will be “— as follows: At the time of settlement or resolution Clients case, Client will be responsible for its percentage of the common expense which will be deducted from any recovery after the deduction of attorneys’ fees. The percentage will be calculated by taking the total number of clients and dividing this number by the total amount of common expenses. As an example, if there are 100 clients and common expenses amount tet 0,000.00, then each client would be required to pay $100.00 in common expenses (100 clients / $10,000.00 = $100). As another example, if there are 15G gents and the common expenses amount to $30,000.00, then each client would be required to pay $200.00 in common expenses (150 clients / $0 000.00= $20 Client further agrees nit.all sums advanced by Attorneys to cover such necessary court costs and other litigation expe incident to the preparation and prosecution of Client’s claims or causes of action will be repaid to Attorneys out of any sum collected in addition to any contingent fee set forth herein. ient agrees that any advancement of costs or expenses by Attorneys shall also constitute@ ‘lien on Client’s claims and any proceeds of any settlement or judgment. If there is n very for Client, Client will not be responsible for any costs and/or expenses to re Ha ne feeover: 6. WARRANTIES AND REPRESENTATIONS. Attorneys agree to use the firm’s best efforts in representing Client. Client understands that Attorneys make no warranties or representations regarding the successful outcome of Client’s claims or causes of action, the value thereof, or any expected recovery, and any expression relative thereto is a matter of Attorney's opinion only. Attorneys do not guarantee any timeframe within which Client’s claims or causes of action will be resolved. Client Initials: Nn Page 3 of 6 7. CLIENT OBLIGATIONS. Client agrees to tell Attorneys the truth, to cooperate with and keep Attorneys informed of any developments relative to Client’s claims or causes of action, to faithfully comply with this agreement, and to keep Attorneys advised of any changes to Client’s address or telephone number. 8. FICTITIOUS, GROUNDLESS, OR BAD FAITH. Client understands that in the event a suit filed in Client’s behalf is found to be frivolous, fictitious, groundless, or broughtin bad faith, Client may be liable for defendant's attorney's fees. RQ @ 9. SANCTIONS. Client agrees that Client must timely comply with discovery requests from opposing counsel. Client understands that Client’s failure to comply | discovery requests could result in the court imposing sanctions in the form of a fine or ot enalty. Client agrees that in the event sanctions are imposed, Client will be solely responsible for paying any and all sanctions, and Client further agrees that Attorneys will not be gesponsible or liable for any sanction award. & 10. LIABILITY FOR COURT Costs. Client understands thatin the event a lawsuit is filed in Client’s behalf and such lawsuit is not ultimately sven Ce favor, court costs could be assessed against Client. Client understands that such costs will not be paid by Attorneys and agrees to pay such court costs should they be imposed. 11. IF NO RECOVERY. Client further indent that if Attorneys are unable to recover anything either by settlement or trial, Client sh owe Attorneys nothing as a fee and Client shall not be obligated to reimburse Attorneys for ¢ ses advanced on Client’s behalf. 12. CONSENT TO ASSOCIATE. Clieat understands and agrees to the association of Lance Kassab of The Kassab Law Firm, Doug Montague of the law firm Montague, Pittman & Vamado, P.A. and Tina Nicholso rhe Baker Nicholson Law Firm to represent Client and other similarly situated Clients ins litigation and/or potential claims. Attorneys have agreed to split all attorney’s fees in the following manner: Fifty percent (50% The Kassab Law Firm: Forty percent (4 0 Montague, Pittman & Varnado, P.A.: and Ten percent a The Baker Nicholson Law Firm. However, if The Baker Nicholson Law Firm assumes primary responsibility for litigation as lead counsel in Client's case, then the Attorney’s have agreed to split all attorney’s fees in the following mee Pitty percent (50%) to The Kassab Law Firm Twenty-Five percent (25%) to Montague, Pitman & Varnado, P.A.; and Twenty-Five percent (25%) to The Baker Nicholson Law Firm. The lawyers and law firms listed above have agreed to assume joint responsibility for the representation of Client. Client understands and agrees to the association of these law firms and the percentages of fees allocated to each law firm as stated above. The division of fees between the lawyers and law firms listed above will not increase or change the amount of attorneys’ fees charged to the Client as outlined in Paragraph 3 above. Client Initials: | hf Page 4 of 6 13. TERMINATION AND WITHDRAWAL. Client understands and agrees that Attorneys may terminate the attorney-Client relationship created by this agreement and withdraw from Client’s representation with or without Client’s consent for any reason Attorneys deem necessary. 14. CONTROVERSY AND DISPUTES. Any controversy arising out of or relating to Attorneys’ representation of Client or this contract or any modification Ns extension thereof, including any claim for breach of contract, tort, for damages, or fora scission or reformation of this contract, or any other claim shall be settled by a colt of law with competent jurisdiction in Harris County, Texas without a jury. GS XS 15. CLIENT REQUESTS. Client understands that if requests by Clie not consistent with the standard of care required of Attorneys, the Texas Disciplinary Rul Professional Conduct, the Texas Supreme Court’s Mandate of Professionalism, or on courtesies expected between Attorneys and other lawyers or third parties, Attorneys entitled to refuse without breaching this agreement. & 16. DISCIPLINARY ISSUES. Client understands that ther alternative remedies against Defendant attorneys may exist. For that reason the empJoyment of Attorneys are not for the purpose of prosecuting other alternative remedies whether criminal, disciplinary, or other civil matters. However, Client is hereby specifically advised in accordance with the Disciplinary Rules of Texas that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not complaint against or dispute with a lawyer involves professional misconduct, the State s Office of General Counsel will provide you with information about how to file a co t. You may call the State Bar's General Counsel Office toll free at 1-800-932-1900 for moresinformation, The complaint that may be filed by the State Bar's General Counsel’s office ox,by you as part of a disciplinary proceeding is NOT the same thing as a legal malpractice ner may be prosecuted on your behalf by Attorneys. 17. CONTRACT SURVIVABILITY. This agreement and the powers and authority granted herein shall survive and not tefquinate upon Clients death, mental incapacity, or legal disability. 18. SINGULAR AND Pian When the context requires, singular nouns and pronouns used herein include the plugat 19. SaviNcs, 4) SEVERABILITY. If any provision of this agreement is held void and/or unenforceable, (then such provision will be modified to reflect the parties’ intention. All remaining Peon of this agreement shall remain in full force and effect. 20. COmDLETE AGREEMENT. This document sets forth the complete agreement between Attorneys and Client and may be modified only by a written instrument signed by both a legal representative of LANCE CHRISTOPHER KASSAB, P.C. and Client. It is agreed that there are no oral representations of any kind. 21. COMPLETE UNDERSTANDING. By signing below and initialing each page, Client acknowledges he has fully read this agreement, its terms, effects and consequences and that its terms, effects and consequences have been fully and completely explained to Client by Attorneys to Client’s full satisfaction. Client Initials: / Zi Page 5 of 6 PLEASE INITIAL EACH PAGE, PRINT NAME, SIGN AND DATE DATED: Agvil) ZO, , 2017. CLIENT: (Printed Name) <o ~~ CLIENT: (Signature)> LANCE CHRISTOPHER KASSAB, P.C. D/B/A Z) THE KASSAB LAW FIRM, MONTAGUE, PITTMAN & VARNADQ; PA. BAKER NICHOLSON LAW FIRM we ow Pf eae — SS) & ~ ©) © & iS cS IN O & & Client Initials: / VIC _ Page 6 of 6 LAW FIRM 1420 Alabama Street | Houston | Texas | 77004 p. 713.522.7400 | f. 713.522.7410 www.TexasLegalMalpractice.com POWER OF ATTORNEY FOR PROFESSIONAL SERVICES Client(s) full legal name: MEP a Fi OAAS o WO - (s) = —e- a Client(s) home phone number: work number: XG a — Cel! number a i © Client(s) social security number(s): cr (Confidential) . ° : bd @ it . 39 This agreement is between the above client(s), hereinaft ferred to as “Client” and LANCE CHRISTOPHER KASSAB, P.C. D/B/A THE KASSAB RM, MONTAGUE, PITTMAN & VARNADO, P.A. and the BAKER NICHOLSON LAW FI ereinafter referred to as “Attorneys.” 1, SCOPE OF SERVICES. Attorneys are here Snployed and appointed as Client’s true and lawful attorneys to act for Client and to prose lient’s claims or causes of action against: MICHAEL A. POHL (Defendant) and all ot rsons, firms, corporations, or business entities legally responsible for causing Client’s d: e s resulting from such acts as follows: BARRATRY, LEGAL MALPR¢ on AND/OR BREACH OF FIDUCIARY DUTY ARISING Our oF A ROLLOVER CASE INCIDENT ca Client understands that re ase may be filed and litigated jointly with other clients who are similarly situated to.Client and/or who have similar claims against Defendants. As such, Client is aware and es that Client’s confidential information may necessarily be disclosed among other nts in order to effectuate a settlement. Client further understands and agrées) that if a disagreement or dispute arises between any of the common clients to the sharing of the confidential information, the attorney-client privilege may not be available for assertion by any of them against the other(s) on certain issues. Finally, if a co NRG i or aggregate settlement is effectuated, Client understands and agrees that the offer ore lemand may require the consent of all commonly-represented clients and the failure of on e or a few members of the group to consent to the settlement may result in the withdraw al of the settlement or offer. Client further understands that Attorneys are not specialized in, nor do they give, tax advice, bankruptcy advice, family law or estate planning advice or any other advice involving other non- civil or non-personal injury areas of specialized practice of law and they would recommend the retention of a Certified Public Accountant (CPA) or qualified tax lawyer with regard to any questions as to the taxability of any proceeds that are received pursuant to this agreement. Client(s) Initials: WS Page 1 of 6 2. AUTHORITY. Client authorizes Attorneys to act as Client’s negotiator, to file pleadings and appear in courts of law in Client’s behalf, to prosecute Client’s claims or causes of action to settlement or final judgment, and to take any appropriate legal action they deem reasonably necessary in the preservation of Client’s rights and claims. Client further authorizes attorneys to do all things that Client might lawfully do in Client’s behalf, and ratifies and confirms all such lawful acts that Attorneys may do or cause to be done on behalf of Client. Provided, however, that no settlement shall be made by attorneys without Client’s approval. If Client refuses an offer of settlement against Attorney’s recommendation, then Client agrees to becothe responsible for paying all costs and expenses of the case, and must reimburse Attorne expenses and costs already incurred within seven (7) days of a written demand for ok nen If Client fails to timely reimburse Attorney after receiving such written notive/ then such failure constitutes a termination of the representation by the Client. In the overt of such termination, Attomeys are entitled to retain their entire contingency fee interest. eS 3. CONTINGENT FEE. In consideration of the services wa and to be rendered by Attomeys, Client assigns and conveys to Attorneys the followjag resent undivided interest in and to Client’s claims or causes of action: SF 33-1/3% of any sum collected before suitis filed; OR 40% of any sum collected ate suit is filed and settlement is made without a trial; Re 45% of any sum collected:after the day prior to the first day trial begins and settlement is made or judgment is paid without oe The above percentages shall be calculated.o the gross total settlement and/or recovery of cash, property, reduction of debt or any oth& calculable benefit Client obtains through Attorney’s representation, whether paid by periodié)payments, lump sum payment, transfer of property (real or personal) or calculated by usi e cost of a structured settlement, or any combination thereof. The contingent fee wi calculated on the gross recovery before the deduction of costs and expenses. The conti t fee granted to attorneys based on the foregoing percentages shall be and does hereby constignte a lien upon said claims or causes of action and any proceeds of settlement or judgmen ke ient further understands that this Contract of Employment and Power of Attorney ete hh the trial of this cause and the post-trial motions leading to the entry of a final trial cour udgment. However, Attorneys will not have any duty to undertake an appeal under this Coftiract of Employment and Power of Attomey unless and until there is an agreement betw: ient and the Attorneys to undertake same for an additional fee. If there is to be an appea' this case and the Client and the Attorneys agree to appeal this case, then Attorneys' fep@r the consummation and handling of that appeal will be negotiated at that time. 4. Rikebean FEE. Client understands that no one has an interest in this case as a referring attorney included in the fees to be paid as described above. The referring attorney’s interest is n/a of the gross attorney’s fees collected by Attorneys. 5. COSTS, EXPENSES AND COMMON EXPENSES. Client understands that Client’s claims may be litigated together with similarly situated clients. Client therefore understands that Attorney may advance sums to cover reasonable and necessary expenses which in his opinion are Client Initials: INS Page 2 of 6 reasonably necessary for the development of the Client’s case including any client-specific expenses as well as Client’s share of various “common expenses.” Common expenses are expenses that benefit multiple clients who are involved in the same litigation. Examples of common expenses include costs associated with expert witnesses, consultants, investigators or witnesses who will testify on common issues, deposition costs for deposing Defendants and witnesses (i.e. the main defendants or the staff members of defendants), travel costs associated with common depositions and with attending hearings at which motions on common issues are heard, copying charges for copying or scanning documents that pertain to oo issues or clients, court reporter and deposition fees that pertain to common issues or RO Ss, as well as miscellaneous costs such as parking costs, certified mail, delivery char. d postage for motions and briefings which pertain to common issues or clients. Client “s cific costs” are costs that will likely be incurred that benefit only the one specific client and likely would not be incurred if that particular client did not exist. Examples of specifig. cost include physical examinations, costs associated with deposition of the particular Ko , costs associated with expert witness testimony that will only benefit the specific cliget) opy charges, postage for motions, letters, correspondence or other briefs which only benefit the specific client as well as travel costs to attend hearings, depositions or other legal wedtsadings which only benefit the specific client. Client understands and agrees that if Attorn dvance any court costs and other litigation expenses incident to the handling of Client’s s, including common expenses, Client will be responsible for reimbursing Attorne cout of any recovery made in client’s lawsuit. Common expense deductions will be sels follows: At the time of settlement or resolution of Clients case, Client will be responsible for its percentage of the common expenses which will be deducted from an P ge Mi recovery after the deduction of ee fees. The percentage will be calculated by taking the total nume of clients and dividing this number by the total amount of common expensé§;’As an example, if there are 100 clients and common expenses amount to $10,000.00, then each client would be required to pay $100.00 in common e es (100 clients / $10,000.00 = $100). As another example, if there are 3 do and the common expenses amount to $30,000.00, then each client would\be required to pay $200.00 in common expenses (150 clients / $30,000.00 78200). Client further agrees ht advanced by Attorneys to cover such necessary court costs and other litigation expensessincident to the preparation and prosecution of Client’s claims or causes of action will be r iF t0 Attorneys out of any sum collected in addition to any contingent fee set forth herein, Client agrees that any advancement of costs or expenses by Attorneys shall also constitute a lien on Client’s claims and any proceeds of any settlement or judgment. If there is no reéovery for Client, Client will not be responsible for any costs and/or expenses to develop the case. 6. WARRANTIES AND REPRESENTATIONS. Attorneys agree to use the firm’s best efforts in representing Client. Client understands that Attorneys make no warranties or representations regarding the successful outcome of Client’s claims or causes of action, the value thereof, or any expected recovery, and any expression relative thereto is a matter of Attorney's opinion only. Attorneys do not guarantee any timeframe within which Client’s claims or causes of action will be resolved. Client Initials: TY “ Page 3 of 6 7. CLIENT OBLIGATIONS. Client agrees to tell Attorneys the truth, to cooperate with and keep Attorneys informed of any developments relative to Client’s claims or causes of action, to faithfully comply with this agreement, and to keep Attorneys advised of any changes to Client’s address or telephone number. 8. FICTITIOUS, GROUNDLESS, OR BAD FAITH. Client understands that in the event a suit filed in Client’s behalf is found to be frivolous, fictitious, groundless, or brought in bad faith, Client may be liable for defendant's attorney's fees. AS 9. SANCTIONS. Client agrees that Client must timely comply with disso requests from opposing counsel. Client understands that Client’s failure to comply withsdiscovery requests could result in the court imposing sanctions in the form of a fine or other penal Client agrees that in the event sanctions are imposed, Client will be solely responsi or paying any and all sanctions, and Client further agrees that Attorneys will not be responsible or liable for any sanction award. &y 10. ‘LIABILITY FOR Court Costs. Client understands that ja the event a lawsuit is filed in Client’s behalf and such lawsuit is not ultimately resolved inClient’s favor, court costs could be assessed against Client. Client understands that such couthabsts will not be paid by Attorneys and agrees to pay such court costs should they be imps 11. IF NO RECOVERY. Client further underst that if Attorneys are unable to recover anything either by settlement or trial, Client sha Attorneys nothing as a fee and Client shall not be obligated to reimburse Attorneys for expenses advanced on Client’s behalf. 12. CONSENT TO ASSOCIATE. Clint ndesands and agrees to the association of Lance Kassab of The Kassab Law Firm, Dotg”’ Montague of the law firm Montague, Pittman & Varnado, P.A. and Tina Nicholson ofthe Baker Nicholson Law Firm to represent Client and other similarly situated Clients in its litigation and/or potential claims. Attorneys have agreed to split all attorney’s fees in the owing manner: Fifty percent (50%) tothe Kassab Law Firm: Forty percent Orgs ontague, Pittman & Varnado, P.A.: and Ten percent (0); e Baker Nicholson Law Firm. However, if The Baker Nicholson Law Firm assumes primary responsibility for litigation as lead counsel in Client’ sease, then the Attorney’s have agreed to split all attorney’s fees in the following manrier:," © Fifty percent (50%) to The Kassab Law Firm T y-Five percent (25%) to Montague, Pitman & Varnado, P.A.; and Twenty-Five percent (25%) to The Baker Nicholson Law Firm. The lawyers and law firms listed above have agreed to assume joint responsibility for the representation of Client. Client understands and agrees to the association of these law firms and the percentages of fees allocated to each law firm as stated above. The division of fees between the lawyers and law firms listed above will not increase or change the amount of attorneys’ fees charged to the Client as outlined in Paragraph 3 above. Client Initials: TIt4 Page 4 of 6 13. TERMINATION AND WITHDRAWAL. Client understands and agrees that Attorneys may terminate the attorney-Client relationship created by this agreement and withdraw from Client’s representation with or without Client’s consent for any reason Attorneys deem necessary. 14, CONTROVERSY AND DISPUTES. Any controversy arising out of or relating to Attorneys’ representation of Client or this contract or any modification or extension thereof, including any claim for breach of contract, tort, for damages, or foxirescission or reformation of this contract, or any other claim shall be settled by a cout of law with competent jurisdiction in Harris County, Texas without a jury. ) 15, CLIENT REQUESTS. Client understands that if requests by Clien not consistent with the standard of care required of Attorneys, the Texas Disciplinary Rul rofessional Conduct, the Texas Supreme Court’s Mandate of Professionalism, or co n courtesies expected between Attorneys and other lawyers or third parties, Attomeys(are entitled to refuse without breaching this agreement. S 16. DISCIPLINARY ISSUES. Client understands that oo alternative remedies against Defendant attorneys may exist. For that reason the em ent of Attorneys are not for the purpose of prosecuting other alternative remedies whee rime disciplinary, or other civil matters. However, Client is hereby specifically advised in accordance with the Disciplinary Rules of Texas that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not ope opin against or dispute with a lawyer involves professional misconduct, the State ‘s’ Office of General Counsel will provide you with information about how to file a complaint’ You may call the State Bar's General Counsel Office toll free at 1-800-932-1900 for m ormation. The complaint that may be filed by the State Bar's General Counsel’s office or epyou as part of a disciplinary proceeding is NOT the same thing as a legal malpractice case that may be prosecuted on your behalf by Attorneys. 17. CONTRACT sunvivanases This agreement and the powers and authority granted herein shall survive and not tertninlate upon Client’s death, mental incapacity, or legal disability. 18. SINGULAR AND Pua When the context requires, singular nouns and pronouns used herein include the plural‘ 19. SAVINGS AND) SEVERABILITY. If any provision of this agreement is held void and/or unenforceable, thenysuch provision will be modified to reflect the parties’ intention. All remaining provisions of this agreement shall remain in full force and effect. 20. Contry AGREEMENT. This document sets forth the complete agreement between Attorneys Client and may be modified only by a written instrument signed by both a legal representative of LANCE CHRISTOPHER KASSAB, P.C. and Client. It is agreed that there are no oral representations of any kind. 21. COMPLETE UNDERSTANDING. By signing below and initialing each page, Client acknowledges he has fully read this agreement, its terms, effects and consequences and that its terms, effects and consequences have been fully and completely explained to Client by Attorneys to Client’s full satisfaction. Client Initials: “7 f, “3 Page 5 of 6 PLEASE INITIAL EACH PAGE, PRINT NAME, SIGN AND DATE J. / DATED: “/ LE f -_, 2017. Wise ~ faerry CLIENT: (Printed Name) _<C ( CLIENT: (Signature) / © [/ LANCE CHRISTOPHER KASSAB, P.C. D/B/A Q THE KASSAB LAW FIRM, MONTAGUE, PITTMAN & VARNADO PA. BAKER NICHOLSON LAW FIRM Bys ‘Ss < & EN O @ & cS IN O & © Ss Client Initials: / 7 aa Page 6 of 6 |
Links from other tables
- 1 row from filing_id in chain_steps
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- 3 rows from filing_id in legal_theories
- 4 rows from filing_id in citations
- 1 row from filing_id in statutes
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- 14 rows from filing_id in key_facts
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- 0 rows from filing_id in rulings
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