M&P BEING SUED / CLASS-ACTION SUIT AGAINST HALCON, M&P & CX

 

Hello everyone:

                         I have not posted anything on here before. I have always just read the comments of others. I thought I would just post some thoughts. After being patient for 8 1/2 months I still have no answers like others in the south east Mercer County area. Is Halcon going to be held responsible for their actions? Are they going to be made to pay for the contracts they signed for? How qualified is M&P when it comes to representing the landowners of group 4 against a company like Halcon with deep pockets. Will we get an honest effort from M&P or will they make it as short as possible and except less than what we deserve to mitigate damages on their behalf. I have just read, in detail, the civil suit against M&P by Terra Energy LLC. Now it seems to me that the landowners not only have to worry about being pushed around by an unethical oil & gas Co, but now we have to worry about the real motives of the law firm we have to represent us. Are they going to treat clients like they treated business partners? I think if given a chance M&P will come back to the land owners after any legal actions against Halcon with a bogus report how they couldn't do much and if we continue it will tie up our lands for years, of course due to a half hearted attempt at getting us what we legally are owed.

                        I only have this attitude after listening to M&P for 8 1/2 months tell us how important it is to stick together as a group but they will break up the group at the drop of a hat to sign a little chunk to this O&G Co and another chunk to a different O&G Co. This sticking together only benefitted them by having all of us available to them for whatever size of lease they could get from any other O&G Co. After seeing an E-Mail to Terra Energy Advisors LLC from Jack Polochak describing how maybe Terra Energy should  get some leases signed by an O&G Co that are less than desirable for landowners to make it look like A Co he was partnering up with was successful in the oil and gas leasing business. That just shows me that he will sacrifice his clients profits to improve his and his associates. I think everyone should read the Lawsuit especially the landowners of group 4. Maybe I am seeing this in a sinister way and I am just swayed by how the rest of the world does things these days. Here is the link to the Lawsuit. I would like to know how many other landowners see it the way I do.

MPLawsuit.pdf

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Replies to This Discussion

Permalink Reply by Dan Brockett on February 13, 2013 at 11:10am

In general, I believe that attorneys working with land brokers represent the land broker and not the land owner. Landowners who wish to sign on with a land broker group should probably seek their own, independent counsel to review the contract they sign with the broker group. We are far enough along in this process that landowners should not sign anything without their own independent counsel who represents them and no one else involved in the transaction.

Permalink Reply by Deven Dittrich on February 13, 2013 at 11:46am

Dan: what are your thoughts on an attorney who markets themselves as a land broker representing land owners in their dealings with O&G companies?  Whose interests are they contractually and legally obligated to represent?

Permalink Reply by Dan Brockett on February 13, 2013 at 12:04pm

A broker has incentive to lease your land, which is not the same as representing you, so I still say, get an independent attorney to review the contract you sign with any broker, even if the broker is an attorney.

Permalink Reply by Daniel Rupert on February 13, 2013 at 12:31pm

ABSOLUTELY!!! We hired an independent attorney to review our lease. The landman was a broker and also an attorney. VERY DIFFERENT MOTIVES,DUTIES, AND OBLIGATIONS!!!

Also, there seems to be many cases out there where SOME attorney's are wearing many,many different hats...as they relate to the same Oil and Gas deal...this results in huge conflicts of interest! I have and am still paying dearly for trusting this particular attorney...huge amounts of money can affect judgement and even ethics! Be wise and hire a honest and knowledgeable attorney...there are plenty of them out there!

 

 

Permalink Reply by Samuel J. Orr on February 13, 2013 at 1:25pm

And plenty of incompetents, and plenty of plain outright crooks. There sure are a lot of lawyers in Pennsylvania who all of a sudden are experts in O&G law....NOT!!  The problem is how to you separate the good from the bad? It would be nice if a big Texas or Louisiana law firm opened a branch office in Pennsylvania. O&G has been big in those states for years and there probably are a number of lawyers who know how to draft landowner friendly O&G leases.

Permalink Reply by Daniel Rupert on February 13, 2013 at 1:39pm

Mr. Orr,

 

You are correct...and in my case, a plain outright crook took money from investors and partner's alike. I always knew there were more victim's ,and of course there are! The problem now is...is there still a pot of Gold at the end of the rainbow? Collectability becomes an issue, as crooks can hide money as well as they can steal it!

The legal profession is comprised of human beings...like other professions...there are honest ones, and not so honest ones! Choose carefully after you do your homework.

 

Permalink Reply by Daniel Rupert on February 13, 2013 at 1:04pm

FANG,

...I AGREE...I wish everyone the best!

Permalink Reply by ralph monico on February 13, 2013 at 3:12pm

Sam,

The Texas firms have opened Pa offices.  They, for the most part, represent drillers, mid-stream companies and other related industries. 

Dan's point regarding a conflict of interest is a good one.  Generally, absent a knowing and informed waiver of any conflicts of interest, an attorney can only serve the interests of one client  The "land group" form (like class action suits) inherently creates the potential for conflicts.  The larger problem here seems to be that inadequate information, advice and counsel was provided to group members.  Thus, Mr. Brink's question is a good one.  Was anyone advised when they "signed up" who secured the signatures (and on behalf of whom), who the attorney group was representing, was the relationship with any driller or energy company defined and did anyone receive an intelligent explanation of the lease document? 

Permalink Reply by Samuel J. Orr on February 13, 2013 at 3:41pm

Excellent questions to which answers hopefully will be forthcoming! It is good to see that some attorneys are willing to take part in the discussion. This thread has gotten over 100 posts in 5 days and hopefully it will stay alive for awhile. Thank you for your comments. 

Permalink Reply by JREwing on February 13, 2013 at 3:57pm

I'd like to see one of these attorneys have the cojones to file the class action case against M&P and CX.  It would appear that there are many, many land owners who would testify against them here.  It would be rather funny and enjoyable to see M&P spending all of their ill gotten prize money and time defending themselves in court against two lawsuits instead of intentionally misleading and cheating more land owners with their "Leases."  My 2 cents... 

Permalink Reply by James Brink, Esq. on February 13, 2013 at 5:23pm

JREwing:  Having cojones is one thing.  Having a group of folks willing to take their issues to court is another.

Permalink Reply by JREwing on February 13, 2013 at 6:45pm
Mr. Brink, while my comments weren't directed specifically at you Sir, your reply does open the door for me to thank you very, very much for giving of your precious time to evaluate and analyze the wrong doing to Mercer County residents by M&P and CX Energy. Good, honest, hard working land owners have been harmed. I hope the firms and individuals responsible eventually have to answer for their indiscretion and misrepresentations. Cheers to you!

If one day I'm looking for a stand up, honest attorney, I will have a short list.

Thank you again for the giving of your time to everyone here. My very best regards!

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