After 24 years as a landman, host Brent Broussard finally faced his first deposition—and it opened his eyes to how unprepared most landmen are for litigation. Oil and gas attorneys Lee Carr and Brian Wittpenn share street-smart strategies for avoiding lawsuits, handling depositions, and protecting yourself when litigation becomes inevitable.
What You’ll Learn
- Why avoiding litigation entirely is impossible (and the only foolproof method)
- Essential documentation practices that can save or sink your case
- How to handle agency disclosure requirements without killing deals
- What to do immediately when served with a lawsuit or subpoena
- Communication strategies that protect you in adversarial situations
Time Stamps
- 00:57 - Episode & Guest Intro
- 01:37 - Landmen and Lawsuits
- 02:58 - Avoiding Litigation as a Landman
- 05:07 - Contract Disputes and Settlements
- 07:35 - Deposition Costs and Realities
- 09:54 - Ethics and Best Practices
- 11:54 - Agency and Disclosure
- 18:51 - Documentation and Process
- 23:26 - Offers and Counter Offers
- 26:12 - Importance of Termination Dates in Offers
- 28:01 - Handling Legal Trouble: Initial Steps
- 35:09 - Understanding Subpoenas and Document Retention
- 40:41 - Best Practices for Professional Communication
- 42:46 - File Retention
- 47:48 - Episode Takeaways
- 49:38 - Episode Outro
Snippets from the Episode
- "Really, the only foolproof way to not get sued as a landman is to not be a landman. Outside of that, anybody can sue anybody for anything."— Lee Carr
- "Just a simple deposition—you're clicking off at probably an eight to ten thousand dollar bill leaving there, and then the transcript's going to be $800 to $1,000."— Lee Carr
- "Dance as if nobody's watching, but text and email as if it'll be read aloud in court one day."— Lee Carr
- "The best thing is don't ignore it. Litigation's not like a cold that just goes away if you try to ride it out."— Lee Carr
Key Takeaways
- Litigation avoidance is impossible—focus on risk mitigation
- Clear agency disclosure protects against liability exposure
- Document everything but qualify your work product limitations
- Professional communication standards prevent costly mistakes
- Immediate legal counsel engagement when litigation hits
- Subpoena compliance requires understanding jurisdictional limits
- File retention policies must be documented and consistently applied
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