Replies to This Discussion

Permalink Reply by brat on March 3, 2014 at 3:34am

Their contract looked ok, with the exception that they insisted on the landowner warranty the title.  I did not like that.  They, KWGD, said that is what they had decided was best for selling minerals. 

• ▶ Reply

Permalink Reply by scott peterson on March 3, 2014 at 1:04pm

Offers have been some of the highest I have seen although I have declined all so far.

• ▶ Reply

Permalink Reply by V Miller on March 3, 2014 at 4:08pm

Are they willing to separate out only the Utica formation? I printed off the sign up sheet and it mentioned on there that this was for all minerals beneath your land. I realize I can sell just a percentage of my rights if I so choose, but how about formations?

• ▶ Reply

Permalink Reply by INVICTUS on March 4, 2014 at 12:06am

Best overall legal firm in O/G law from the standpoint of the landowner   IN THIS PART of Ohio.

Higher level connections to O/G Industry, tempered with good talent/leadership in O/G law, while maintaining integrity in its representation of Landowners.     So Far.

A real demonstration of this firm's (who wrote the basis for much of contractual language we all see in the really good landowner groups) capabilities will be in the enforcement of it's leases/language/legal defense in the coming years. Concurrently, it's ability to AVOID and fend off Legal trouble will also be a marker of its competence in this arena.

As wells come online and Leaseholders begin to possibly experience disputes with the O/G folks, KWGD will have the opportunity to discover if its leases can be defended in court. Or deflect threats for going to court.

As for sale of minerals? Make darn sure you know what the implications of the sale are.

If you are keeping that property, but selling the minerals, you just brought a new partner to the dance concerning your land and its future. You need to have that very thoroughly explained to you.

• ▶ Reply

Permalink Reply by Chris on March 4, 2014 at 1:53am

"Best overall legal firm in O/G law from the standpoint of the landowner   IN THIS PART of Ohio."

What about their representation of Beck Energy?

• ▶ Reply

Permalink Reply by INVICTUS on March 4, 2014 at 3:27am

Dunno, ask them directly.

I've never had a problem asking ANY professional whom I'm about to do business with what experiences they've had in the field of services I'm about to pay for.

The trick is to approach the firm or professional in a manner that is easy in conversation, non-confrontational, and not appear to be cheeky or a smart--- jerk.

Approach is EVERYTHING in business. Including asking someone if they are competent.

And homework done ahead of time (like you are doing) weeds out all but the best fit for a particular purpose.

(P.S. You picked up on my qualified statement above in the underlines.)

In my view, most attorneys HAVE NO BUSINESS acting as legal consultants for shale o/g affairs.

Fact is, the o/g attorneys are good, very good, and will fake out most of the johnny-come-lately lawyers that have (and are) pouring into this business. Wait until a bunch of these cases go to court. Watch the newbie who wrote the lease try and defend it, either in local common pleas or, more likely, in Federal District Court.

Being a fantastic and top-rate dentist doesn't qualify one to do heart surgery.

I'm actually scared and nervous for Leaseholders as this thing progresses and wells come online.

It hurts me deeply to see farmers and rural folk set up like this.

Sorry to be so blunt.

• ▶ Reply

Permalink Reply by Olive Sue on March 4, 2014 at 3:29am

Just who is working for who?  Lets just say money makes lots of decisions for whose side you work for?  Yes????

• ▶ Reply

Permalink Reply by INVICTUS on March 4, 2014 at 3:41am

If you mean "who butters the bread" of the attorney one is working with?

Yes. You should always know the answer to that.

I'll give you an example.

One EXCEPTIONAL Law firm I have dealt for other issues is now playing broker between its SUPPOSED clients (Landowner/Leaseholders) in order to market their mineral rights and SUPPOSEDLY disinterested buyers.

Then I find out that they are really under contract to the buyers (Very high net worth) to troll for these rights.

Now, what are the arguments out there for the concept of "dual agency" or "dual representation"?

As a point of reference, this firm I speak of hasn't traditionally done O/G business.

Those I deal with, do. And they've got years in it with a track record to match. More importantly, they're not flashy.

It is important to know what loyalties these newbie firms have to innocent clients.

I've said this before and I'll say it again; This is serious business. Please treat it as such.

• ▶ Reply

Permalink Reply by Mick maag on March 4, 2014 at 9:29am

Or a deal that I created where KWGD charged the Land owner approximately 275 thousand dollars and talked the Land owner out of taking a Deal that would have put another 400 thousand in the land owners hands.. so in essence..  cost the Land Owner approximately 675 THOUSAND DOLLARS.. YEA  sure that is a good firm..   and the best part..  became marketed back to the original company........     Vultures..

• ▶ Reply

Permalink Reply by scott peterson on March 4, 2014 at 9:52am

Sounds like alot of bullcrap to me. Like to see some names & details.on that one.

• ▶ Reply