DECLARATION OF JEFFREY BARON - Law Injustice Baron Affidaivit.pdf · $3,750.00. A true and correct...

AFFIDAVIT OF JEFFREY BARON -

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

NETSPHERE, INC., ) MANILA INDUSTRIES, INC., and ) MUNISH KRISHAN, ) Plaintiffs, ) ) vs. ) Civil Action No. 3-09CV0988-F ) JEFFREY BARON, and ) ONDOVA LIMITED COMPANY, ) Defendants. )

DECLARATION OF JEFFREY BARON 1. My name is Jeffrey Baron. I am a defendant in the above entitled and numbered cause. I am competent to make this declaration. The facts stated in this declaration are within my personal knowledge and are true and correct. I have personal knowledge of the stated facts, which I learned as the result of being subjected to the facts and events stated herein. 2. After having some very bad experience with being grossly overcharged by ‘famous’ attorneys, (including Bickel & Brewer), I made it a firm practice to almost exclusively engage attorneys where there was a flat rate, a fixed monthly cap on their billing that could be extended only with express written permission by me in any particular month, or a contingency arrangement. The attorneys who were honest enough to produce their actual contract with me establish that fact clearly– agreement after agreement is either a flat rate retainer or contains a set monthly cap that can be extended only on a per month basis by written agreement, or is a contingency agreement. The attorneys who were honest with their reports of payment, establish that the attorneys were paid fully pursuant the up-front arrangement with them. Many attorneys lived up to their end of the agreement, and those attorneys have not made any ‘claims’ in the ‘receivership’ even though many have been aggressively solicited by the receiver and/or Urbanik to make such claims. Unfortunately, not all the attorneys that represented me or related clients abide by those same standards.

Case 3:09-cv-00988-F Document 499-2 Filed 04/28/11 Page 1 of 15 PageID 18392


3. Pronske told me that his work was going to cost $75,000.00 and he wanted his money up front. He was paid the fee up front. From the start of his work, and throughout most of the period he worked, I did not receive any accounting, bill or work statement from him, or any indication that the fee was not a flat fee. The first time Pronske sent me a ‘bill’ was approximately 9 months later, just prior to the time the settlement was finalized. At that time, Pronske declared that the fee was actually a retainer that had been used up, and that I needed to pay a substantial additional past due fee to him immediately. At that time Pronske produced for the first time, a ‘bill’. Pronske represented, and assured me that the global settlement insured that I would get Ondova back, and recover the ‘over funding’ that was added to it. Pronske represented and assured me that the global settlement agreement he worked out insured my diabetes research trust would receiver tens of thousands of domains (valued at approximately $5 Million) from the plaintiff. Neither of these two things happened. 4. The Schurig Jetel Beckett Tackett fees were not authorized. Schurig Jetel Beckett Tackett’s fees and the Taube, West and Hitchcock fees were capped by a settlement agreement negotiated and drafted by Ms. Schurig and participated in by Taube, and they were paid in full according to that agreement, and they are not entitled to more money. That settlement is attached as Exhibit C. 5. To the best of my knowledge Powers and Taylor were paid the full fee due them, and I believe I may have $7,500.00 in a retainer payment they are holding which is due to be returned to me. They lost the lawsuit they handled and are not entitled to any contingency fee. 6. Much of Gary Lyon’s work was not authorized. Gary Lyon entered into a settlement agreement with me and agreed that I would pay him $4,000.00 and then $3,750 in the future. He received the $4,000.00 and by the terms of our mutual agreement is owed only the future payment of $3,750.00. A true and correct copy of our agreement is attached as Exhibit A. 7. Dean Ferguson orally agreed with me to a $10,000.00 per month flat fee. He then demanded more money and I agreed to a $15,000.00 fee for the first month and then a cap of $5,000.00 per month for any work after the first month. He was paid around $22,000.00 for approximately 45 days of work. Much of the time he billed was not on work that I had asked him or authorized him to perform.



8. Bickel & Brewer grossly over-billed. 9. Robert Garrey was hostile and agreed that he would be paid $8,500 for an entire month’s work. He provided less than two weeks of work hours. 10. Hohmann, Taube & Summers, LLP’s fees are capped by the supplemental agreement to the global settlement, they provided no beneficial work that I am aware of, and simply ran up duplicative ‘attendance’ type billing. I did not hire nor authorize Hohmann, Taube & Summers, LLP’s to perform any work. 11. Michael Nelson sent me a contract dated the same as the one he submitted with his affidavit, but I did not agree to, or sign that contract. He was aware of this as a flat monthly rate had been discussed and the draft of the agreement bearing that date failed to include that term. The agreement sent to me (that I did not sign because that version lacked a monthly cap) had a place for initials on every page and a place for a date by the signature blank on the last page. Those do not appear on the ‘contract’ Nelson has submitted now. The version sent to me by Nelson on April 28, 2010 is attached as Exhibit B is a true and accurate copy of what I received. I did not sign it. The majority of Nelson’s work was unauthorized and his bill was grossly padded and inflated. I declare under penalty of perjury that the foregoing is true and correct. Signed this 28th day of April, 2011, in Dallas, Texas.


Gary G Lyon

From: [email protected]: Thursday, October 21, 2010 10:43 PMTo: 'Gary G. Lyon'Subject: RE: Agreement

Page 1 of 1

10/21/2010

Gary,

FYI: Martin has not replied. If you want to sign the agreement, I will countersign and fax to Brian. IfMartin approves what you had suggested, we can always modify the agreement.

Dear Gary,

This is to confirm our agreement and compromise :

1) Jeff will pay $4,0002) Jeff will pay $3,750 in the future3) Gary will not bill any further amounts, and I will not pay you any amounts (except as identified in #1and #2 above) unless you perform work specifically instructed by me in writing and we reach a furtheragreement regarding payment.4)This agreement is a full accord and satisfaction of any and all payments claimed by you for anything,including but limited to work, services and expenses.

____________________Gary Lyon

_____________________

Jeff Baron

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Case 3:09-cv-00988-F Document 499-2 Filed 04/28/11 of 15 PageID 18395

From: Gary G. Lyon [mailto:[email protected]] Sent: Thursday, October 21, 2010 11:17 PM To: [email protected] Subject: RE: Agreement Jeff, I digitally signed it and attached. Gary Gary G. Lyon Attorney at Law Post Office Box 1227 Anna, TX 75409 972.977.7221 Fax 214.831.0411 Email: [email protected] Skype: gary.g.lyon This electronic message contains information, from the law firm of Gary G. Lyon, Attorney at Law, which may be privileged and confidential. The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at the number or e-mail listed above.

From: [email protected] [mailto:[email protected]] Sent: Thursday, October 21, 2010 10:43 PM To: 'Gary G. Lyon' Subject: RE: Agreement Gary, FYI: Martin has not replied. If you want to sign the agreement, I will countersign and fax to Brian. If Martin approves what you had suggested, we can always modify the agreement. Dear Gary, This is to confirm our agreement and compromise : 1) Jeff will pay $4,000 2) Jeff will pay $3,750 in the future 3) Gary will not bill any further amounts, and I will not pay you any amounts (except as identified in #1 and #2 above) unless you perform work specifically instructed by me in writing and we reach a further agreement regarding payment. 4)This agreement is a full accord and satisfaction of any and all payments claimed by you for anything, including but limited to work, services and expenses. ____________________ Gary Lyon _____________________ Jeff Baron

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DECLARATION OF JEFFREY BARON - Law Injustice Baron Affidaivit.pdf · $3,750.00. A true and correct...

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