ETHICS IN OIL AND GAS LITIGATION MICHAEL C. SANDERSt
1. IN TRODUCTION ...............................................................................
475
II. W HAT IS OIL & GAS LITIGATION? ..................... . . . .. . . . .. . . .. . . . . .. . . . .. . . . 475 III. COMPETENT & DILIGENT REPRESENTATION ................................. 476 IV . CONFLICTS OF INTEREST................................................................ 477 V. CANDOR TOWARD THE TRIBUNAL................................................. 481 VI. TRUTHFULNESS IN STATEMENTS TO OTHERS ................................ 485 VII. DEALING WITH UNREPRESENTED PERSONS ................................... 486
VIII. RESPECT FOR RIGHTS OF THIRD PERSONS ..................................... IX.
CONCLU SION ..................................................................................
I.
488 490
INTRODUCTION
Litigation over oil and gas related matters can present a variety of ethical issues. Oil and gas litigation includes a multitude of disputes, including those between operators and non-operators; royalty owners and producers; surface owners and operators; vendors and operators; holders of competing leases; and parties to confidentiality agreements. These cases can involve claims for damages; requests for temporary and permanent injunctive relief; alternative dispute resolution procedures; pro se litigants; conduct giving rise to both civil and criminal liability; and settlement negotiations. Each of these aspects implicates different ethical rules. Therefore, attorneys engaged in oil and gas litigation must be aware of these ethical issues. II.
WHAT IS OIL & GAS LITIGATION?
Oil and gas litigation can encompass a wide variety of disputes, including contract and tort claims over real and personal property, or seeking legal or equitable relief. In the oil and gas industry, a collision of real property rights, contracts, intellectual property, valuable equipment, and large amounts of money creates an unending supply of disputes. Among the many types of lawsuits arising in the oil patch are cases between: surface owners and mineral owners;I co-owners of interests in oil and gas leases, known as t
Partner, Sanders McGarvey LLP.
475