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

Date Published:

October 16, 2025

Guests

Lee Carr

Brian Wittpenn

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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.

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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

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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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