theory_id,filing_id,theory,party,role,basis
40,6,Civil Barratry — Tex. Gov't Code § 82.0651,Kassab,claim,"Civil liability statute for prohibited barratry allowing solicited victims to recover $10,000 penalty, actual damages, and attorney's fees; to be 'liberally construed'"
41,6,Criminal Barratry — Tex. Penal Code § 38.12(a)(4),Kassab,claim,Pohl committed third-degree felony by paying money to persons to solicit employment with intent to obtain economic benefit
42,6,"Criminal Barratry — Tex. Penal Code § 38.12(b)(1), (2), (3)",Kassab,claim,"Pohl financed barratry, invested funds to further barratry, and knowingly accepted employment resulting from barratrous solicitation"
43,6,Criminal Barratry — Tex. Penal Code § 38.12(d)(2)(A),Kassab,claim,Pohl provided or permitted solicitation of accident/disaster victims within 30 days of the accident — specifically the Cheatham and Reese cases
44,6,Commercial Bribery — Tex. Penal Code § 32.43(b),Kassab,claim,"Pohl as a fiduciary solicited, accepted, or agreed to accept benefit from runners on understanding it would influence his conduct in relation to client affairs"
45,6,"Improper Fee Division — Tex. Disciplinary R. Prof'l Conduct 1.04(f)(1)&(2), (g)",Kassab,claim,"Pohl, Williamson, and Rusnak divided fees without proper client consents in writing as required; contracts devoid of mandated Rule 1.04 language"
46,6,Failure to Disclose — Tex. Disciplinary R. Prof'l Conduct 1.03,Kassab,claim,Pohl failed to disclose material information about barratry to clients Cheatham and Reese
47,6,Failure to Withdraw — Tex. Disciplinary R. Prof'l Conduct 1.15(a)(1),Kassab,claim,"Pohl failed to withdraw from representations procured by barratry, keeping many ill-gotten clients"
48,6,"Fee Sharing with Non-Lawyers — Tex. Disciplinary R. Prof'l Conduct 5.04(a), (d)(1)",Kassab,claim,"Pohl shared attorney's fees with Walker, Ladner, Seymour, Santana, Talley, and other non-lawyers regarding both BP and rollover cases"
49,6,"Paying for Solicitation — Tex. Disciplinary R. Prof'l Conduct 7.03(b), (d)",Kassab,claim,"Pohl paid, gave, and offered to pay money to unlicensed persons for soliciting and referring clients, and collected fees from employment obtained through such solicitation"
50,6,"Advertising Violations — Tex. Disciplinary R. Prof'l Conduct 7.05(a), (c)",Kassab,claim,Listed in violations section of Exhibit A
51,6,"Continuing Improperly Obtained Employment — Tex. Disciplinary R. Prof'l Conduct 7.06(a), (b)",Kassab,claim,Pohl accepted and continued employment procured by prohibited solicitation and continued using runners for rollover cases even after Walker's conviction
52,6,"Serious Crime / Barratry / Fraud — Tex. Disciplinary R. Prof'l Conduct 8.04(a)(1)-(4), (a)(9), (a)(12), (b)",Kassab,claim,"Pohl violated rules by committing barratry (a 'serious crime'), engaging in fraud, deceit, and misrepresentation, and violating laws relating to practice of law"
53,6,"Unauthorized Practice of Law — Tex. Disciplinary R. Prof'l Conduct 5.05, 7.01",Kassab,claim,Pohl operated law offices in Mississippi and Tennessee without being licensed to practice in those states
54,6,Communication with Represented Person — Tex. Disciplinary R. Prof'l Conduct 4.02,Kassab,claim,Pohl approached Kassab's client during deposition and told him to call directly to settle without lawyers present
55,6,Obstruction / Witness Tampering — Tex. Penal Code Chapter 36; Rules 3.04 and 8.04,Kassab,claim,"Pohl paid Santana $50,000 cash for agreement not to testify against him"
237,29,Bad Faith TUTSA Claims — Attorney's Fees (Tex. Civ. Prac. & Rem. Code § 134A.005),Kassab,claim,"All or some of Plaintiffs' claims for misappropriation under TUTSA were made in bad faith, enabling Defendants to recover reasonable attorney's fees"
252,31,Bad Faith TUTSA Claims — Attorney's Fees (Tex. Civ. Prac. & Rem. Code § 134A.005),Kassab,claim,Kassab entitled to attorney's fees if Pohl's TUTSA claims made in bad faith