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How the Ringmaster Orchestrates in a Three-Ring Circus: Communications between the Company, Attorney, and Landman

Angela L. Franklin, Marc Randal Strahn, Mineral Title Examination (2007)

In the circus of title examination, the company, the title attorney, and the landman occupy the three rings. The performers in the company's ring may include various corporate officers, company landmen, division order analysts, and/or in-house attorneys. The performers in the title attorney's ring may include one or more attorneys and paralegal/clerk. The performers in the landman's ring may include the broker, contract landmen, and/or local county abstractors. Once the circus begins, all three rings will be occupied with each being spotlighted during the various stages of the title examination process. The performers in each ring must communicate with those in the other rings and the ringmaster must keep watch over all three rings to guarantee that the show will be a complete success.

This paper covers all types of title examination projects, including drilling, division order, acquisition, and financing, and are collectively referred to herein as the title project. In most instances, the discussions set forth below are applicable to all types of title examination projects. Any special considerations to be given to a certain type of title examination project will be specifically identified in the discussions below.

I. THREE MONKEYS AND A BAG OF PEANUTS - HEAR NO EVIL, SEE NO EVIL, AND SPEAK NO EVIL: HOW TO COMMUNICATE BETWEEN THE COMPANY, LANDMAN, AND ATTORNE