Legal Theories
Data license: Public court records
16 rows where filing_id = 6
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| theory_id ▼ | filing_id | theory | party | role | basis |
|---|---|---|---|---|---|
| 40 | 6 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 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 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 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 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 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 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 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 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 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 6 | Advertising Violations — Tex. Disciplinary R. Prof'l Conduct 7.05(a), (c) | Kassab | claim | Listed in violations section of Exhibit A |
| 51 | 6 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 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 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 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 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 |
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CREATE TABLE legal_theories (
theory_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
theory TEXT,
party TEXT,
role TEXT,
basis TEXT
);