VIDEO TRANSCRIPT
Hello, I’m Steve McGowan from Steptoe & Johnson. One of the biggest challenges my clients face when we’re dealing with energy litigation is the inability to properly document what’s going on and be able to then show what really happened. We have a saying “if it’s not in writing, it didn’t happen.” Keep good records of any interactions with landowners and what’s been said. Keep good records and take photographs of any damage or areas that will be disturbed. When working with contracts make sure the contracts are reviewed by counsel – counsel familiar with the topic that you’re working with, and not just someone who’s familiar with contracts. Energy practices, whether its coal mining or oil and gas, have some very specific issues related to the contracts, and you want to make sure those are covered . . . and that you’re fully protected. Finally, make sure that you, as a practice, inform your people that work for you and that work under you, to keep good notes, to keep good records and to make sure they don’t speculate when dealing with people that are nonlawyers or that are, if you will, landowners or mineral interest owners. These statements that could be made, which can be misconstrued, are usually the basis for some very serious accusations in litigation and can be easily avoided if you attempt to make your position clear, your arrangements clear, and what you’re offering and what you’re going to do clear at the front end.