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Ethics in Leasing in the Marcellus Shale

David G. Reis, Development Issues in the Major Shale Plays (2010)

This paper reviews selected legal ethics issues that may arise in providing legal services to clients in connection with leasing in the Marcellus Shale and related development and production. There do not appear to be novel or unique legal ethics issues in this area, but instead the application of recurring ethics considerations to new fact situations. Because the Marcellus is a multistate play and this program will have a multistate audience, it will focus on the American Bar Association (ABA) Model Rules of Professional Conduct rather than individual states' rules. The analysis will start with a review of current ethics developments at the ABA. It will then explore multijurisdictional practice, doing business with clients, special fee arrangements, and joint representation.