The Ethical Obligations of Lawyers and Landmen: Are they ...€¦ · TRPC 1.14 . Safeguarding...

The Ethical Obligations of Lawyers and Landmen:

Are they Different?

Institute for Energy Law 2nd Texas Mineral Title Course

May 14-15, 2015 Houston, Texas

Paul G. Yale, Shareholder Gray Reed & McGraw, P.C.

Houston

MPRC 1.15

TRPC 1.14 Safeguarding property

MPRC 5.4 TRPC 5.04 Professional independence of a

lawyer

MPRC 5.7 Not applicable Responsibilities regarding law related

services

MPRC 7.2

TRPC 7.O1, 02 Advertising

MPRC 1.5

TRPC 1.04 Fees

MPRC 1.8

TRPC 1.08 Conflict of Interest, Specific Rules

MPRC 1.4

TRPC 1.03 Communication

MPRC 2.1

TRPC 2.01 Advisor

MPRC 1.1

TRPC 1.01 Competence

MPRC 1.2 TRPC 1.02 Scope of Representation and allocation of

authority between client and lawyer

1. Appreciate the Different Roles Played by Landmen and Lawyers

2. Do Not Underestimate the Professional Skills or Knowledge of a Landman

3. Stand Your Ground

4. Do Not Assume Landmen are Indifferent to Ethics

5. Do Not Confuse Business with Legal Advice

6. Do Not Ignore the Realities of Dealing with Surface Owners

7. Do Not Procrastinate

8. Do Not Overbill

9. Do Not Inject Too Much Complexity

10. Do Not Fail to Admit Error, Quickly