Statutes Cited
Data license: Public court records
23 rows where filing_id = 6
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cited_by 1
- Kassab 23
| statute_id ▼ | filing_id | statute | description | cited_by |
|---|---|---|---|---|
| 26 | 6 6 | Tex. Penal Code § 38.12(a)(4) | Criminalizes paying or offering to pay a person money or anything of value to solicit employment with intent to obtain economic benefit — third-degree felony | Kassab |
| 27 | 6 6 | Tex. Penal Code § 38.12(b)(1), (2), (3) | Criminalizes financing barratry, investing funds to further barratry, and knowingly accepting employment resulting from barratrous solicitation | Kassab |
| 28 | 6 6 | Tex. Penal Code § 38.12(d)(2)(A) | Criminalizes providing or permitting solicitation of accident/disaster victims within 30 days of the accident by a person with intent to obtain professional employment | Kassab |
| 29 | 6 6 | Tex. Penal Code § 32.43(b) | Commercial bribery: prohibits a fiduciary from soliciting, accepting, or agreeing to accept any benefit on understanding it will influence conduct in relation to beneficiary's affairs | Kassab |
| 30 | 6 6 | Tex. Penal Code Chapter 36 | Obstruction and witness tampering — cited in connection with Pohl paying Santana $50,000 to suppress testimony | Kassab |
| 31 | 6 6 | Tex. Gov't Code § 82.065 | Allows client to void contingent fee contract procured through barratry (enacted 1989, amended 2011 and 2013) | Kassab |
| 32 | 6 6 | Tex. Gov't Code § 82.0651 | Civil Liability for Prohibited Barratry — creates civil cause of action for persons solicited by barratrous conduct; provides $10,000 penalty, actual damages, and attorney's fees; to be 'liberally construed' (enacted 2011 by S.B. 1716, amended 2013 by H.B. 1711) | Kassab |
| 33 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 1.03 | Duty to keep client informed — Pohl failed to disclose material information about barratry to clients Cheatham and Reese | Kassab |
| 34 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 1.04(f)(1), (f)(2), (g) | Requirements for division of fees between lawyers not in same firm: proportionality or joint responsibility; written client consent identifying all lawyers, fee basis, and shares | Kassab |
| 35 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 1.15(a)(1) | Mandatory withdrawal when representation will result in rule violation | Kassab |
| 36 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 3.04 | Fairness in adjudicatory proceedings — violated by paying Santana $50,000 to suppress testimony | Kassab |
| 37 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 4.02 | Prohibition on communicating with represented persons — Pohl approached Kassab's client during deposition | Kassab |
| 38 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 5.04(a), (d)(1) | Prohibition on sharing or promising to share legal fees with a non-lawyer | Kassab |
| 39 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 5.05 | Unauthorized practice of law — Pohl operated offices in Mississippi and Tennessee without licenses | Kassab |
| 40 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.01(a) | Rules regarding firm names — cited in connection with unauthorized practice | Kassab |
| 41 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.03(b), (d) | Prohibition on paying non-lawyers for soliciting/referring clients; prohibition on collecting fees from barratrous employment | Kassab |
| 42 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.05(a), (c) | Advertising rules — listed in violations section of Exhibit A | Kassab |
| 43 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 7.06(a), (b) | Prohibition on accepting or continuing employment procured by prohibited solicitation | Kassab |
| 44 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 8.03(a) | Duty to report known violations of disciplinary rules — cited as Kassab's basis for filing the grievance | Kassab |
| 45 | 6 6 | Tex. Disciplinary R. Prof'l Conduct 8.04(a)(1)-(4), (a)(9), (a)(12), (b) | Prohibitions on violating rules, committing serious crimes (including barratry), fraud, barratry, and violating laws relating to practice of law | Kassab |
| 46 | 6 6 | S.B. 1716, Acts 2011, 82nd Leg., ch. 94 | Senate Bill creating civil liability for prohibited barratry, enacting § 82.0651 with $10,000 penalty provision, effective Sept. 1, 2011 | Kassab |
| 47 | 6 6 | H.B. 1711, Acts 2013, 83rd Leg., ch. 315 | House Bill amending §§ 82.065 and 82.0651 to close loophole allowing attorneys to avoid penalty by releasing clients after signing, aligning with Penal Code § 38.12 and Rule 7.03, effective Sept. 1, 2013 | Kassab |
| 48 | 6 6 | H.B. 1890 (companion bill to S.B. 1716) | House companion bill creating civil action for conduct constituting barratry | Kassab |
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CREATE TABLE statutes (
statute_id INTEGER PRIMARY KEY AUTOINCREMENT,
filing_id INTEGER REFERENCES filings(filing_id),
statute TEXT,
description TEXT,
cited_by TEXT
);