Comment
There is a point to be made here - as I think 5% is high in most situations. But I am an attorney, and my family has land in the Utica, and I am in the early stages of organizing a landowners group to combat the 7 1/2% commission being asked for in my county. To suggest that a family lawyer with no experience in O&G leases can successfully seek competitive bids and negotiate a modern horizontal fracking lease in a few hours is ridiculous.
If your talking about a client bringing you an existing lease offer in a well developed play, maybe. Or if you sit and wait for somebody else to negotiate a quality lease in your area, you can spend a few hours monitoring the internet, and 5 minutes advising your client to jump on the bandwagon. But even then, it assumes your also going to let the O&G company determine good title to the mineral rights instead of doing it for your client. It also assumes nothing in the way of advice on all the other issues surrounding new found wealth. It would almost have to assume your not going to bother explaining the terms of the lease to the client so that they can make an informed decision versus just blindly following your advice. Its very difficult to believe a lawyer would even make such a blanket statement on such a potentially complex topic.
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