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37 2022-09-15 DECL D. Kassab David Kassab’s declaration Declaration of David Eric Kassab in Support of Kassab Defendants' Summary Judgment Motions and Discovery Objections — sworn declaration under penalty of perjury providing factual basis for discovery burden objections and documenting the voluminous materials received from Pohl in the Barratry Litigation Evidentiary declaration filed September 15, 2022 in support of Kassab defendants' traditional and no-evidence motions for summary judgment. Provides factual basis for discovery burden objections by documenting the categories and volume of documents received from Pohl in the Barratry Litigation. MSJ-2 N/A Phase 3 2022-09-15_DECL_David-Kassab-Declaration_FILED.pdf   E 4 H I . Zo : J , S , S | 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 DAVID ERIC KASSAB - 1. My name is David Eric Kassab. My date of birth Oetober 20, 1982. My business address is 1214 Elgin Street, Houses) Texas 77004. I declare under penalty of perjury that the statements of fact made herein are within my personal knowledge and true and correct. 2. Jaman attorney licensed to practice Law the State of Texas. I have been licensed to practice law by the State of Texas since 2010 and I am in good standing. & SS 3. Iam an attorney at Lance Chriesfphier Kassab, PC d/b/a The Kassab Law Firm (“the Firm”). In thie suit I represent the Firm and its owner, my uncle and law part , Lance Kassab. 4. J was an attorney for the plaintiff in the following litigation (and any related appeals): (1) Catige No. 2017-38294, Dezzie Brumfield, et al. v. Jimmy iiamson ea , in the 189 Judicial District Court of Harris County, Texas (“th umfield case”) (2) Cause No. 459,062-401, Alice Marie Gandy, et alyv. Jimmy Williamson, et al., In the Probate Court No. 2 of taco Texas (“the Gandy case”), (3) Cause No. 2017- 37567, Mae (Bey y, et al. v. Michael Pohl, et al., in the 113 Judicial District Cour (the “Berry case”). I am also currently counsel for plaintiffs in” Cause No. 2017-41110, Mark Cheatham, et al. v. Michael A. Po ee al., in the 55th Judicial District Court, Harris County Texas, and ignthe related appeal (“the Cheatham case’). I will refer to these & collectively as “the Barratry Litigation.” 5. The Berry case was filed on or about June 5, 2017, and ultimately included seven plaintiffs that were alleged to have been solicited by Precision Marketing Group (“Precision”) to hire Michael A. Pohl and his firm (“Pohl”) to pursue auto accident claims. The Cheatham case was filed on June 20, 2017, and ultimately included four plaintiffs who were alleged to have been solicited by Precision to hire Pohl to pursue 1 auto accident claims. The Brumfield case was filed on June 8, 2017, and by July 26, 2017, that suit had approximately 272 plaintiffs who were alleged to have been solicited by Precision to hire Pohl and his co-counsel Jimmy Williamson to pursue BP claims. The Gandy case was filed on October 16, 2017, and that suit included approximately 135 plaintiffs who were alleged to have been solicited by Precision to hire Pohl and Williamson to pursue BP claims. AS 6. In conjunction with representing these clients in the Brupipeld and Gandy cases, my office requested from Pohl and Willia son the clients’ original files. In response to that request, in -approximately February 2018, we received hundreds of client files. Those files contained contracts of employment and referral a ents between the Brumfield and Gandy plaintiffs and Pohl an illiamson related to the BP claims as well as communications ex¢hanged between the clients and Pohl or Williamson, among other gs. Because Pohl had previously represented those clients, each e client files that Pohl or his co-counsel produced to Kassab nec rily contained documents bearing Pohl’s name, letterhead, or ogo, or “Pohl Information,” including client contracts and intake forms 7. Inthe Gandy case, Pohl filed an © vi wherein he included copies of his contracts with the BP cNéts as well as an excel spreadsheet entitled “Pohl Master List 6¢7Ns3.xlsx”. A true and correct copy of that affidavit is attached hereto@s’ Exhibit A. 8. We also requested fron Pohl the client files for the plaintiffs in the Berry and Cheatha A cases. Pohl and his co-counsel in two of the underlying auto {ecldent cases, Robert Ammons, responded and provided my offiee, with the client or prospective client files (if the individuals h ver hired Pohl). Attached hereto as Exhibit A are true and co copies of correspondence from Pohl’s counsel in the Cheathamsan Berry cases, Billy Shepherd, providing my office with that information. Because Pohl had previously represented those clien seach of the client files necessarily contained documents bear} Pohl’s name, letterhead, or logo, or “Pohl Information,” he client contracts or intake forms. 9. In the Berry and Cheatham cases, Pohl produced to my firm in response to discovery several categories of documents. I personally reviewed that production, which included, among other things: a. Attorney-client contracts between Pohl and the auto accident clients, bearing Pohl’s letterhead. 2 b. Service agreements, operating agreements, “public relations consulting agreements,” “Public Relations Amendment” or other contracts or agreements between Pohl and Scott Walker, Kirk Ladner and Steve Seymour, or their respective companies, including Precision, related to the BP claims or auto accident clients. Ne c. Email communications between Pohl and others, including = Scott Walker, related to “signing up” or “helping” auto accident victims. ww XS d. Email communications between Pohl and others,siheluding Walker and Ladner, related to payments to their companies, including Precision, for BP cl s or auto accident cases. ® GP e. Pohl’s banking records reflecting payments made to Precision. eS f. Invoices from CMV Investigations.addressed to Pohl. cats) g. Text message cra a) etween Pohl and Dane Maxwell and Florian (Ja ntana, many of which relate to auto accident clients," 10. Separately, during the Barratry Litigation, Pohl produced to my firm approximately 6,937, es of information from the Mississippi Litigation.! A ce oe copy of the production transmittal letter is attached eto as Exhibit C. I personally reviewed that production wnicaatyeiuded among other things: a. Copies excel spreadsheets titled “Claimant logs” or “Williamson-Pohl Master List” that identify hundreds of BP -élients (sometimes by name, address, telephone eee and email) and their estimated claim amount. be Service agreements, operating agreements, “public S relations consulting agreements,” “Public Relations Amendment” or other contracts or agreements between Pohl and Scott Walker, Kirk Ladner and Steve Seymour, or their respective companies, including Precision, related to the BP claims or auto accident cases. 1 This term refers to the Mississippi lawsuit filed against Pohl, Case No. 1:14cv381-KS-JCG. 3 c. Invoices from Precision addressed to Pohl related to the BP claims or auto accident cases. d. Emails communications between Pohl and Walker, Ladner or Seymour related to the BP claims or auto accident cases. e. Attorney-client contracts between Pohl and BP claimants\\_ or auto accident claimants. EN WG f. Marketing information related to Pohl, such ag, thn brochures and advertisements, directed towards BP claimants or auto accident victims. & °@ g. Communications and financial informatién) reflecting payments Pohl made to Walker, Ladner_6g Seymour or their respective entities, including Precigion. h. Financial information and exper > ons reflecting attorney’s fees paid to Pohl and iamson from the BP litigation. & Oo ~ . i. Financial information and Rank records from Precision reflecting payments Precis n made to its workers in relation to the BP claims auto accident cases. j. Emails and communieations between Pohl and his clients or Pohl and thirds Lies concerning or relating to the BP claims or auto ent cases. k. “Operating Agreements” or “Distribution Agreements” between Py¥egision and Magdalena Santana, Florian (Jay) Santan en Talley related to their work for Precision. t3 SS ° ” . . . . l. BP.Settlement Claimant Forms” identifying BP clients ith potential claims and their contact information, and racts between BP claimants and the “BP Claim ssistance Group.” m. Contracts or agreements relating to “Helping Hands Group, LLC” or “GM Settlement Verification Team” or “Helping Hands Financing, LLC” with identifying client information. n. Attorney-client contracts for the Liberis Law Firm. 4 11. Inthis lawsuit, Pohl has served Lance Kassab and the Firm (“Kassab”) with written discovery. The requests for production ask Kassab to produce “Pohl Information” he has received, regardless of source, between time periods beginning April 2012 to January 2021. Interrogatories Nos. 1-3 ask Kassab to identify each contract or document bearing Pohl’s name, letterhead, or logo, or contain on Information” that “was or is” in Kassab’s possession and ide a description of the material, the date it was sequired the date possession was terminated, and the “identity of each per urrently having possession or control over each such document.? Interrogatory No. 9 asks Kassab to identify all “Pohl Information’ that Kassab “obtained exclusively from or through the public ds involved in the Mississippi Litigation.” The discovery defi the term “Pohl Information” to include “information that concerfi{s] and/or identif[ies] any past or current clients and/or prospective clients of Pohl” as well as “all documents and information that inated from Pohl and concern matters related to the British Petipleam Deepwater Horizon oil spill and to General Motors ignitionS/and rollovers.” 12. Given the information Kassab received related to Pohl in the Barratry Litigation, the discovery reaueets are over broad and unduly burdensome. As drafted, the ret ists require Kassab to re-produce to Pohl the thousands of docu s that Kassab received from Pohl in the Barratry Litigation, whether in response to discovery in that case or 1n response to Kassab’grequest for the client files. Additionally, the requests require Kas produce information that he received from his clients relating ‘oon Staff at my office have had to hundreds of pages of documentsfrom hundreds of client files in the Barratry Litigation and filter confidential or privileged information such as Kassab’s com {uhications with his clients or co-counsel in that litigation an@ gttorney work product. 13. Worse, tH@ Riscovery requires Kassab to identify in response to the inter ories every document bearing Pohl’s name or letterhead, desc the material, and to state the date it is was acquired. I estimate that it would take me, as counsel for Kassab, more than 405 hous of time to undertake that task. At a rate of $450 per hour, this would be a cost of $182,250 worth of time. 14. That estimate is based on my knowledge of the voluminous materials that were provided to Kassab in the Barratry Litigation as well as the following. There are more than 400 electronic or hardcopy client files for the Brumfield and Gandy plaintiffs, each containing information 5 related to Pohl. If I spent 15 minutes reviewing each file and identifying and transcribing responsive materials, I could complete four files an hour. It would therefore take me more than 100 hours to complete that task. In addition to the client files, Kassab received thousands of pages of document production. For instance, in the Cheatham case, more than 61,000 pages of documents were produced in addition to the 6,000 plus pages of documents produced recast to the Mississippi Litigation. That does not include the production rom the Berry case, which was also voluminous. Even if I wenable to review and transcribe responsive information at a rate of 0 pages an hour, it would take me approximately 305 hours to.¢omplete that task. & °@ 15. Nonetheless, Kassab has responded to Pohl’s whitten discovery and has produced to Pohl twelve sets of productionGeginning in October 2021 and continuing into September 2022, containing more than 366,000 pages of responsive documents. A that production is the actual documents and information conce g Precision’s clients that the Runners solicited to hire Pohl thatKassab received from Favre. Executed in Harris County, State of Texas,on the 15th day of September, 2022. e «David Eric Kassab & iS fF IN Ss & 6 EXHIBITA = S) XS, .°) ® GP © & cS w © O & S& ¢ No. 459,062-401 IN RE: THE ESTATE OF § IN PROBATE COURT NO. 2 JIMMY GLENN WILLIAMSON § (A/K/A JIMMY GLEN § WILLIAMSON), § § DECEASED § oo NS § OF HARRIS CO ,» TEXAS ALICE MARIE GANDY, ET AL. § & v. § gS ESTATE OF JIMMY GLEN § NS WILLIAMSON, DECEASED, § 2) ET AL. § & § @ es ee. : AFFIDAVIT OF MICHA EL POHL x BEFORE ME, the undersigne @Rhority, on this day personally appeared Michael A. Pohl, who upon being ae orn, deposes and says: 1. My name is Michael Poh?) I am over eighteen years old, and I am fully competent and able- make this affidavit. I make this affidavit in connection with thé above-referenced case styled Alice Marie Gandy, et al. v.. Estate of He) len Williamson, Deceased, et al., No. 459,062-401 in Probate Court Nor? of Harris County, Texas (hereinafter, the “Lawsuit”), in which I and Offices of Michael Pohl, PLLC are two of the named Defendants m able to swear, as I do hereby swear, that all facts and statemen{s contained in this affidavit are true and correct and within my personal knowledge. ; <0 2. I Qlawyer. I have done business as the Law Office of Michael A. Pohl. I a e sole and managing member of the Law Office of Michael A. Pohl, | C, which is a defendant in this lawsuit. 3S Beginning in mid-2012, I began representing persons and businesses with claims arising from the British Petroleum Deepwater Horizon oil spill (“BP oil spill claims”). I referred some of my clients and prospective clients with i EXHIBIT 2 BP oil spill claims, including certain plaintiffs in this lawsuit, to Jimmy Wilbamson and/or Jimmy Williamson, P.C. 4. True and correct copies of ten (10) pages of business records from my law practice and concerning certain of the plaintiffs in this lawsuit are attached to this affidavit as Exhibit A. Those 10 pages of records are referred to as the “Pohl/BP Claim Records.” I am the custodian of records for the Pohl/BP Claim Records. The Pohl/BP Claim Records are memor. , reports, records, or data compilations of acts, events, or conditions ma or near the | time by, or from information transmitted by, a person with Inowledge The Pohl/BP Claim Records are kept in the course of a reg rly conducted business activity, my practice of law. It was the regdlst practice of that | business activity to make the PohI/BP Claim Records: Re) 5. As reflected in the PohY/BP Claim Records, the « date that each of the following plaintiffs in this lawsuit signed an attorney-client fee agreement with one or more of the Defendants in the Tgonuit to represent him/her in connection with BP oil spill claims is n ter than the date contained parenthetically next to each such Pain name below: Plaintiff No. 23: Carlean skinner (February 14, 2013); . Plaintiff No. 26: Charlee oney (February 5, 2013); Plaintiff No. 30: ar Keys (February 7, 2013); Plaintiff No. 69: _ Jeffery Shanks (September 19, 2012); Plaintiff No. 98: Odessa Williams (February 26, 2013): Plaintiff 00: Pamela Shanks (September 19, 2012); and Plaintiff No. 130: Willie Keys (February 7, 2013). 6. The numbers ofthe plaintiffs identified in the immediately preceding two paragraphs affidavit correspond to the numbers that identify them in their mended petition in this lawsuit. IN O & & * On the 10 pages of business records attached as Exhibit A, information concerning BP oil spill clients and prospective clients who are not plaintiffs in this lawsuit has been redacted. 2 ee FURTHER AFFIANT SAYETH NOT. Michael Pohl 3 . Nac SUBSCRIBED AND SWORN TOpbefort, me on this \ a°) of Dest MARY REX Notary P&blic ©) | NOTARY PUBLIC | —_ STARY 1D 10974013147 Ge Hy COMMISSION EIRES JANUARY 12, 2019 © a | | | ~ OW © & < Re oO & © Sy eee 3 Ww WV Q ee ne! <3 : [s) simi 53 sigs e oO Pi & 3 Al Ble x SUES Rie wi ele “+10 wo PS a : 8 2 pf "| 8 al . mi 8 awa RY g —— ' SS] POHL/GANDY 001-000052 3 799 . WY 2 “eo me} a ai 5g et § 3 pai 212 3 FI sis nS : 6 | g = QB | = E38] 3 uw = a al & BI . Al i | a “ 4 E | = 2 o g z QO é gi "og 2 = POHL/GANDY 001-000058 irs n n wo dow ao co : G 9 £3 R cae) > 3 = a . re 8 = = 2 vg E z : - 5 2 ‘s 2 3 a | ‘ E a = we 2 S s a ¥ & 5 POHL/GANDY 001-000105 (99/20/2012 89:52 6817356407 WAVNESRORO Lrprary LOL MACHR saris O-Yo-t d CONTRACT OF EMPLOYMENT Jimmy Williamson, P.C. NS Attorney at Law @ 4310 Yoakum Boulevard ) Houston, Texas 77006 Ww (713) 223-3330 oG www. jimmywilliamson.com eS Michael A, Pohl & Attorney at Law 1114 Lashbrook Driyg , Houston, Texas 77077 (713) 652-0180) This Agreement is made between one) Shao NS (hereinafter “Client’) and JIMMY WILLIAMSON, P.C., 4310 Yoakum Boulevard, Houston, Texas, 77008, 713-223-3330, and MICHAEL A. POHL, 1114 Lashbrook Drive, Houston, Texas i 77077, 713-652-0100 (hereinafter “Attomey") to prosecute a-certain claim held by Cllent | against: } Or | | BP, PLC ORITS AFFILIATES OR ANY OTHER RESPONSIBLE PARTY ! { in connection with the. following ators: ‘Monies due or clab rect connection with the Deepwater Horizon disaster and oll spill occurrihig on April20, 2010 and the damages resulting therefrom, inclading any claims available under the MDL 2178 { onomie Claim Class Action Settlement. : Attorney Is fully shored ous and prosecute same. No settlement shall be made by ‘ the Attorney a> t the Client's approval. | Attomey fs hereby granted authority to prepare, sign and file all tegal instruments, pleadi rafts, authorizations, and. papers as reasonably necessary to prosecute and conclu is claim. Attorney's representation Is limited to the specific companies named, and specific matters herein. Other attorneys may be engaged at Attorney's option. Contract of Employment extends through the trial of this cause and the entry ofa final | court judgment. Attorney will not have any duty to undertake post-judgment collection . fforts or appeal unless and until there Is an agreement between Client and ‘the Attorney to undertake same. Jimmy Williamson, P.C. and Michael A. Pohl are not specialized in, nor do they. give, tax advice and they would recommend the retention of a Certified Public Accountant (C:P.A.) or qualified tax lawyer with regard to any questions as to the taxability of proceeds received pursuant to this agreement. Pago | of 4 \ POHL/GANDY 001-000145 83/26/2812 69:52 6817356407 WAYNESBORO LIBRARY PAGE 93/18 in payment, Client does hereby assign and convey to Attorney a present and undivided interest !n Client’s clalms set forth hereln, as a reasonable contingent fee for Attorney's services. The Attorney's fee will be calculated on the total recovery. All sums are payable at the office of Jimmy Willlamson, P.C., 4310 Yoakum Boulevard, Houston, Texas 77006. 25 % ofall payments made through fhe Class Action latins Process; - 33413 %_if collection or settlement Is made outside of ie Class Action Claims process, & COSTS ~S BS Client additionally agrees that Attomey is to be repald and reliqbutsed reasonable out-of- pocket costs and expenses Attorney incurs in the specific p ution of Client's claim out of Client’s recovery. If Attorney does not obtain for Gient any recovery, then the Client will not pay any fees or costs or expenses. ® | @ COMMON BENEFIT FEES AND EXPENSES The Court ‘in the Deepwater Horizon MDL 247e gto and consolidated Limitatlon proceedings may awatd Common Benefit_fees and expenses to Common Benefit attorneys. If there isa Common Benefit Fe ‘or Cost award by the Court, any such award to Attorney shal] not increase, or-reduce, Fees and Costs owed under the Agreement. There is no credit or offset for any Common Benefit fees or costs awarded. &© ‘or HER CLIENTS Attorney represents other clignts who also have claims as a result of the Deepwater Horizon oil spill. Having mdltiple cllents leads to. certain Issues regarding confidentiality. Common Information, sich a for example, information relevant to what:caused the spill, or the partlas respon@tly or the splll, or research applicable to an analysis of damages under the spill, will be sHared with’all cllents. However, client specific information will be Kept.confidential. fAttomey receives proprietary or secret information regarding a client {for example, finaricial Information regarding a particular client not publicly available), then the client has a igh? to insist that Attorney maintalns that confidence. Further, not all fees are, identical. Other cllents who hired Attorney at a prior date (or who sigh up after this date) may flave been charged a different percentage, which may be lower, or higher, than the fees'sé (forth hereIn. Also, when‘a specific client settles thelr clalm, then that specific client has fhe right to insist that the monetary settlement amount not be shared with other clle tof e Attorney. BY SIGNING THE CONTRACT OF EMPLOYMENT, THE CLIENT CONSENTS TO THIS PROVISION. | S GENERAL Attorney cannot warrant or guarantee the outcome of the case and Attorney has not : represented to the Client that the Cllent will recover all or any of the funds desired. Page 2 of 4 POHL/GANDY 001-000146 93/28/2812 83:52 6017356487 WAYNESBORO LIBRARY PAGE 84/18 This Agreement shall be construed under and In accordance with the laws of the State of Texas. To the extent this Contract is subject to the laws, rules and/or regulations for a particular jurisdiction, thls Contract will bo interpreted to comply with the laws, rules and/or regulations of that jurisdiction. This Agreement/Contract of Employment constitutes the sole and only agre t of the patties hereto and supersedes any prior understandings or written or o greement between the partles. This Agreement shall be binding upon and Inure t eneflt of the parties hereto and their respective heirs, executors, administrators, legal yepresentative, successors and assigns, In case any one or more of the Ho Ow toccatie in this Agreement shail for any reason be. held to be invalid, illegal, or.dinenforceable in any respect, such invalldity, Uegality, or unenforceabllity shall not Gat any other provision thereof and this Agreement shail be construed as If such invalidyilegal, or unenforceable provision had never been contained herein. & Client is hereby put on notice that the State Batof Texas Investigates and prosecutes professional misconduct committed b fdxas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of General Counsel will previde you with information about how to file a complaint. Please call 1-80-98 2.1800 toll-free for more Information, os 5 eS) | | EXECUTED on this LA _dayot____ Sep , 2012. ; Ae Snds eo ACCEPTED: CLIENT SIGNATURE w By: Lr EN For Jimmy Willlamson, P.C. | Client Printed Name @ ERE ETAT 6 WUE ee a) —_————— By Social Security NaJOr 1 ax ID # For Michaet A. Poht © Street Address CitysState & ZIp a Numbers pate of cir: Page 3 of 4 POHL/GANDY 001-000147 Q9/28/2012 89:52 6817356407 WIAYNESBORO LIBRARY PAGE 95/18 POWER OF ATTORNEY Cllent grants a Power of Attorney to Jimmy Williamson, P.C. and its attomeys fo act on Client's behalf in all matters arising out the Deepwater Horizon Incident and to file and pursue all claims of Client arising therefrom Including through any claims or settlement process, settlement, mediation, suit, trial and/or appeal; notwithstanding same, Glen alone determines whether to accept any settlement offer. @ S) CLIENT NAME: p amela Shanks & py: “(Pima Shautea> & Sig ature °@ TITLE: Kronis radios Le fomela Shedtin , Una ©) DATE: 4 | 19] 2.0}2 | @ @ oS < Ww @ IN e Page 4 of 4 POHL/GANDY 001-000148 89/28/2812 93:52 6017356487 WIAYNESBORO LIBRARY PAGE 06/18 _ BP SETTLEMENT/ CLAIMANT FORM ATTORNEYS, JIMMY WILLIAMSON & MICHAEL A, POHL paTe__DAILS) Joa Ss is So I Claim Area Zone: ee © eee . & x Ss Approx. Amt of Loss: __ Bg5,000 , eS .°) Shoays Wack ag We & Business Name @ Paula. Shes Yo © ; Client Printed Name 6) — Street Address WS > CGitv. State & Lip . Telephone numbers“ CEL XMQUS INUIMUSLS _ Email: - ee ~Yy ZF ©) “lient $ ignature Client Signature So Oli Use Only Below this line: Initials POHL/GANDY 001-000149 ne) SS A 4 j " n aw oy Oo . os a “A wr w ra zo} GCG qt} Py, 2 * NS ot wo hry = a —!{! wa Y 3| 3 a S & q a bed Q & x nN S| wi af = Sd = 9 % b z E 2 45 4 uy : i O : a £ . fc = w ry) gy = V 3 g ~ z Re R*4 c ry Wed Aad SS POHL/GANDY 001-000144 ioe] oO wn Ww 2 - Cy ns) . | ne! : Oo Bs + a og B Bia x Es : pay Be ket i] gS: . = | g 4 a j a : a | E. © za 4 - Q : S fea} “esl BY 2) wv . : om : . c | S| GI 3 Buy POHL/GANDY 001-000399 oe EXHIBITB S&S Z GZ @ Ke) & & © »© S S S& < SHEPHERD PREWETT Puc Billy Shepherd June 28, 2017 Via Hand-Delivery/RRR NS WG David Eric Kassab © The Kassab Law Firm & 1420 Alabama Street S Houston, Texas 77004 5 eS S Re: Mark Kentrell Cheatham, Sr. and Luella Miller & @ Dear Mr. Kassab: & I write in response to your June 21, 2017 Jette addressed to Michael A. Pohl in care of me. I have enclosed Mr. Pohl’s ee relating to the referenced persons. Information on certain of the documente\y garding unrelated clients has been redacted. S & Veryul fs © -- es fd GES BT Spephext GWS/mm © Enclosures ©) oO IN So iS & % \ ns 1Sf 770 South Post Oak lane Suite 4220 Houston, Texos 77056 T 713.955.4440 F 1.713.766.6542 www.spcounsel.com SHEPHERD PREWETT pic Billy Shepherd June 26, 2017 NG cN or Via Facimile & Email Ww David Eric Kassab “GO The Kassab Law Firm XG . 1420 Alabama Street 2B) Houston, Texas 77004 ©) ® Re: Mae Berry, Individually and as Representative of the Estate of Johnny Berry Dear Mr. Kassab: ss I write in response to your June 21, 20)@Netter addressed to Michael A. Pohl in care of me. Mr. Pohl did not represent Ma ry, and has no client file concerning her. However, I have enclosed documents ia Mr, Pohl’s possession, custody, or control that reference Ms. Berry. LS 7 2O Up — 4 Pa a S& IN O & & P 770 South Post Oak Lane Suite 420 Houston, Texas 77056 T 713.955.4440 F 1.713.766.6542 www.spcounsel.com HELPING The Helping Hands Group, LLC 1 Hancock Plaza * 2510 14” Street Suite. 1200 * Gulfport, Mississippi * ae ‘ (228) 206-1996(p) * (228) 284-1677(f) Ke es | WO Www.thehelpinchandseroup.org (Website). © [hereby retain you to preserve my evidence, conduct a full scene investigation, exanaine the involved products. for possible defects, and identify and interview witnesses in connection with my motor vehicle accident. THERE WILL BE NO CHARGE IF THERE IS NO RECOVERS. In payment of the services to be rendered, I agree to pay you from any recovery I may receive on an hourly fee of $400 per hour, so long as the total fee does not exceed 32% of th ount rendered for me based on your efforts. In performance of your services, you may hire such indepen experts or attorneys as you deem. necessary, so long the total fee does not exceed the maximum ees ated above. If you have a case and suit is filed on your behalf, the total fee increases to 40%. H) The Helping Hands Group, LLC will advance funds payin and reasonable expenses of the claims which shall be repaid out of the Client’s share of tenes he Helping Hands Group’s fee shall be calculated _ before deduction of costs and expenses: w AGREED: Al § KOA Date: ¥ /2O}/¢ Print Name: Va ? Ne) a Ge ae Vv 7 i © L, Address: _’ 30 L Ae Li | (Chey liy el. Mo Bee © Phone: cele BG / = & Cay | Email: ee Date of Accident: &f A lef Vehicle: Le wd p Milenll ; HELPING HANDS FINANCING, LLC. FUNDING AGREEMENT This Funding Agreement is made on the date below stated between Claimant and Helping Hands Financing (“Funding Agent”) NS Claimant and/or Claimants family was involved in'an accident described as? oy Occurring on: s ind is asserting ale to recovery. Claimant urgently requires financial assistance and has. no.other lteevative mean to meet such needs. Funding Agent is taking a high degree of risk and ‘Claimant understands that Funding Agent expects to make a profit from this funding. & Funding Agent agrees that it will be repaid only if as nto ena recovery is funded. | IF THERE IS NO RECOVERY, CLAIMANT HAS NO oBLiaTioN TO REPAY THIS DEBT. | In consideration of the amount(s) set forth on hoon el together:with the application - fee for each funding of $50.00 (fifty and SN rs) | hereby agree to repay such amounts ae ». . frommy share of the proceeds of my case. if 2 Is no recovery, | owe nothing: | realize that if cee “>. «my recovery is small, the above funding(s). qual or excéed my portion of the recovery. This agreement must be approved aN ttorney prosecuting the case. Claimant's Attorney shall be bound to honor the terms on(thi agreement. Repayment shall be delivered to: Funding Agent at the address stated below unless. changed with notice to Claimant: BS { hereby grant Funding ram) lien on the proceeds of my case to the extend of all funding here : under, Before | incur a her or further liens on my case, | will, at the option of Funding Agent pay off the indebted, created hereunder. if Funding Avent (ao to initiate a collection action against me hereunder, 1 understand that I will be obligated tp Bey Funding Agent’s fees and expenses of collection, SS Funding oe gent ‘shall have no say whatsoever in any court:action which Claimant’s.attorney may intatn Been. ein to drop my case and my Attorney believes my case is meritorious and economically justifiable, then | must repay the indebtedness hereby created. if any provision of this agreement is'deemed unenforceable, it shall not affect the validity of any other parts on this. agreement. This agreement and the agreement with my Attorney constitute the entire agreement of the parties. Any controversy related hereto that cannot be resolved by mutual agreement shall be submitted to final and binding arbitration administrated by the American Arbitration Association in accordance with the Commercial Arbitration Rules and the ore ules for Emergency Measures of Protection. The Federal Arbitration Act shall be applicable) any such controversy and no state law shall apply: BW % ce) . Thave read this entire agreement. | have been:advised that'l should requ gabe tunding only as = dast resource and only if absolutely necessary. | have the right to have ts Agreement reviewed by an Attorney before | sign. 6 The Funding Schedule is made apart hereof forall purposes. & AGREED AND ager ° — ‘signature . KC Printed Name State of AG a — oe ral Sf s ° County of Veal Hiei LE A Date: B12 (Uy Address: ; | 1200 bere, Lert, coy = a SS f o mone fel B¢ f thé A / | aS eel Helping Hands Financing, LLC P.O. Box 1262 Montgomery, TX 77316 HELPING HANOS FINANCING, LLC. FUNDIKG SCHEDULE : Claimant/borrower:__X_ 7 VE) aad Z 5 ey Ty @ | ; {Name} SO . Case Identity: Hele fe theat Bnol{etA_Y LO SUT. SIG why p 7 The Funding Agreement signed by me fs adopted by reference hi < By my signature below | acknowledge the request for and receipt of the Case funding designated be low. Interest @ Amount: Date: Rate: os Signature: : - ae In the event of age my attorney shall be entitled to his fee and expenses. But my proceeds shall? Id by my attorney until my Funding Agent fs paid infull AGREED: | RO; AS) Claimant Signature (/ On 8/21/14, 3:43 PM, "Michael Pohl" <pohlatty@me.com> wrote: >Thanks. & >Can family ask for photos of seat belt bruising. The bruising will appear about 24-g8,RoUrs after incident. > >Sent from my iPhone 5 & >> On Aug 21, 2014, at 1:27 PM, Scott Walker <swalker@maxwell-walker.cém> wrote: - S >> Edgar, ® >> oP >> Attached is the signed Helping Hands Group, LLC contract and the Helping Hands Financing, LLC funding agreement. S >> | >> Coach Ken will be getting the Pohl contract signed this afternoon. >> ; \ >> We are working to get the accident report now. Unofficially the Deputy Coroner has confirmed that Johnny Berry was wearing his seatbelt. Ww >> & >> | will mail the originals to the ranch. © >> >> Thanks. 9 & S , >> -Scott & >> <8.20.14 Berry Case (MS).pdf> O IN Oo & 1 From: Scott Walker <swalker@maxwell-walker.com> Date: Thursday, August 28, 2014 at 3:51 PM NS | To: Edgar Jaimes <edgarsroom@gmail.com> NZ) Cc: Mike Pohl <pohlatty@mac.com> © Subject: Re: Berry & | S Edgar, 5 eS : S Attached is what I have in my file on the Berry Case (MS). a Thanks! . GP . -Scott. & On Thu, Aug 28, 2014 at 2:31 PM, Edgar Jaimes <edescom@smsil.con> wrote: _ Scott, | We have to reject this case, but | have not seen a cosSSeor this family, can you send me the contract and _ the information of that case? Thank you. > = _ Edgar. ~\ <8.20.14 Berry Case (MS).pdf> © @ & | S& N © & & S SHEPHERD PREWETT puic Stephen R. Bailey sbailey@spcounsel.com April 13, 2018 Mr. David Kassab Via Hand-Delivery/RRR Kassab Law Firm cS 1214 Elgin Street NZ) Houston, Texas 77004 © XK, Re: Cause No. 2017-37567, Mae Berry, Individually and a Representative of the Estate of Johnny Berry, Deceased v. Michael A. Pont et al., in the 113th Judicial District Court of Harris County, Texas SS Dear Mr. Kassab: & Per your request of April 6, 2018, enclose please find two CDs with documents labeled S 1. POHL/BERRY(Butts)—003—00000 {through POHL/BERRY (Butts)—003— 000002; ow & 2. and POHL/BERRY(Speck)-(04-000001 through POHL/BERRY(Speck)— 004—000137. KR ©) It appears from the enclosed POHL/BERRY (Butts) documents that Mr. Pohl did not represent Raymond Bu ts. Information regarding other clients has been redacted. If you have any questions, please let me know. . Very truly-yours, oly Stephen R: Baile & Oo AA SRB/mm ¢~ eu Enclosure © ed ”, SS Received by %. eceive 1 by: iS, z BO KASSAB LAW FIRM S Date: April__, 2018 \a= Ss J wie \ 770 South Post Ook Lane Suite 420 Houston, Texas 77056 T 713.955.4440 F 1.713.766.6542 www.spcounsel.com BERRY V- POHL POHLIBERRY (Butts)-003-000007 through POHLIBERRY (Butts)-003-0000007 BERRY v. POHL , POHLIBERRY (Gpeck)-004-000001 through POHLIBERRY (Gpeck)-004-0000197 ow Z oS NN SHEPHERD PREWETT etc Stephen R. Bailey sbailey@spcounsel.com April 13, 2018 Mr. David Kassab Via Hand-Delivery/RRR Kassab Law Firm Ne 1214 Elgin Street RQ Houston, Texas 77004 oy Re: Cause No. 2017-41110; Mark Kenirell Cheatham, Sr., l. v. Michael A. Pohl, et al., in the 55t Judicial District Court of Harrig.€ nty, Texas °@ Dear Mr. Kassab: Q) & Per your request of April 4, 2018, enclosed plegse find a CD with documents labeled POHL/CHEATHAM (Reese)—003-—00000 (through POHL/CHEATHAM (Reese)—003—000234. Very fey yours, KR tephen R. Bailey O SRB/dmh ® Enclosure & Y - Received by: =) % at i © Co, BO KassaB Law Firm () Oo S oe > L,* O = Dy © Date: Apri. 2018 NS Vas \ 770 South Past Oak Lane Suite 420 Houston, Texas 77056 1 713.955.4440 F 1.713.766.6542 www.spcounsel.com } Uv 9 9 c ¢- 9 5 in = > mM Za | ei : a? ij AF : i 2 x -~ 5 BB & | S | S ¥ © & © ; cS IN > _&S & SS NS oe iN & EXHIBIT C- & @ © ) w © C & S& PN & Ss LAW FIRM. JUL 10 2018 SHEPHERD PREWETT puc CEIVED Billy Shepherd oe S) July 10, 2018 ~~ Mr. Lance Kassab Via Hand-Delivery/RRR Mr. David Kassab Gi Kassab Law Firm j KASSA b 1214 Elgin Street & — Houston, Texas 77004 & JO-O+-2618 Re: Brumfield, et al v. Pohl,.et al; Gandy, et al. v. Pohl, et al; 6) Cheatham, et al v. Pohl, et al; & RECEIVED Berry, et al v. Pohl, et al. ~ Dear Lance & David: Ww In supplementation of disepery in the referenced matters, I have enclosed a thumb drive containing docu $s Bates-labeled POHL/CHEATHAM-004-000001 through POHL/CHEATHAM- -006937. The documents include depositions and deposition exhibits from th ississippi federal court case, hearing transcripts and hearing exhibits from th ississippi federal court case, party affidavits from the Mississippi federal cour case, and other documents. Note that, in the transcript of the April 20, 2017 silent conference conducted by the Hon. Keith Starrett, the settlement amounts a e been redacted. The parties agreed that the settlement amounts would be\confidential, and Judge Starrett approved the agreement and settlement, eve] ering that certain subsequent filings concerning the settlement be filed under gen. ; ES © Very tr yvoury SS ~ NS ee : eatevee, Or B oherd one y ALN \ard GWS/mm wr OA Wye Enclosure oe SSA ce: All Counsel (without enclosure) >. R ecediye Oy

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