053 - When Landmen Get Sued: Legal Survival Guide with Lee Carr & Brian Wittpenn

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 LearnWhy avoiding litigation entirely is impossible (and the only foolproof method)Essential documentation practices that can save or sink your caseHow to handle agency disclosure requirements without killing dealsWhat to do immediately when served with a lawsuit or subpoenaCommunication strategies that protect you in adversarial situationsTime Stamps00:57 - Episode & Guest Intro01:37 - Landmen and Lawsuits02:58 - Avoiding Litigation as a Landman05:07 - Contract Disputes and Settlements07:35 - Deposition Costs and Realities09:54 - Ethics and Best Practices11:54 - Agency and Disclosure18:51 - Documentation and Process23:26 - Offers and Counter Offers26:12 - Importance of Termination Dates in Offers28:01 - Handling Legal Trouble: Initial Steps35:09 - Understanding Subpoenas and Document Retention40:41 - Best Practices for Professional Communication42:46 - File Retention47:48 - Episode Takeaways49:38 - Episode OutroSnippets 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 CarrKey TakeawaysLitigation avoidance is impossible—focus on risk mitigationClear agency disclosure protects against liability exposureDocument everything but qualify your work product limitationsProfessional communication standards prevent costly mistakesImmediate legal counsel engagement when litigation hitsSubpoena compliance requires understanding jurisdictional limitsFile retention policies must be documented and consistently appliedHelp us improve our podcast! Share your thoughts in our quick survey.⁠ResourcesNeed Help With A Project? ⁠⁠⁠⁠⁠⁠⁠Meet With Dudley⁠⁠⁠⁠⁠⁠⁠Need Help with Staffing? Connect with ⁠⁠⁠⁠⁠⁠⁠Dudley Staffing ⁠⁠⁠⁠⁠⁠⁠Streamline Your Title Process with ⁠⁠⁠⁠⁠⁠⁠Dudley Select Title⁠⁠⁠⁠⁠⁠⁠Watch On ⁠⁠⁠⁠⁠⁠⁠Youtube⁠⁠⁠⁠⁠⁠⁠Follow Dudley Land Co. On⁠⁠⁠⁠⁠⁠⁠ LinkedIn⁠⁠⁠⁠⁠⁠⁠Have Questions? ⁠⁠⁠⁠⁠⁠⁠Email us⁠⁠⁠⁠⁠⁠⁠More From Our GuestsLee Carr on LinkedInBrian Wittpenn on LinkedInKearney, McWilliams & Davis, PLLC websiteMore from Our HostsConnect with ⁠⁠⁠⁠⁠⁠⁠Brent⁠⁠⁠⁠⁠⁠⁠ on LinkedInConnect with ⁠⁠⁠⁠⁠⁠⁠Khalil ⁠⁠⁠⁠⁠⁠⁠on LinkedInConnect With UsReady to protect your land projects with integrated legal and title support? Our Dudley Select Title division works seamlessly with experienced oil and gas counsel to keep your deals on track and defensible. Contact us to learn how our complete energy partnership approach includes the legal expertise that matters when stakes are high.