Office of Bar Counsel, 1217 WYBJ, Vol. 40 No. 6. 12
| Author | Mark W. Gifford Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming |
| Position | Vol. 40 6 Pg. 12 |
Should Landmen be Regulated?
Mark W. Gifford Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming
In 2014, the Committee on the Unauthorized Practice of Law (the “Committee”) engaged in a comprehensive review and rewrite of Wyoming’s rules defining the unauthorized practice of law (UPL). The rules proposed by the Committee and adopted by the Wyoming Supreme Court effective April 29, 2014, define the term “practice law” to mean providing any legal service for any other person, firm or corporation, with or without compensation, or providing professional legal advice or services where there is a client relationship of trust or reliance, including appearing as an advocate in a representative capacity; drafting pleadings or other documents; or performing any act in a representative capacity in connection with a prospective or pending proceeding before any tribunal.
The rules go on to list a dozen exempt activities under the heading, “Whether or not they constitute the practice of law, the following are not prohibited: …” Exempt activities include: licensed financial institutions “preparing and informing customers with respect to documents incidental to the regular course of business they are licensed to perform;” “[s]tatutorily authorized acts by a real estate agent or broker licensed by the Wyoming Real Estate Commission;” limited activities by title insurance companies authorized to do business in Wyoming; certain acts of licensed Certified Public Accountants, Professional Engineers and Professional Surveyors; and “[n]onlawyers selling legal forms in any format, so long as they do not advise or counsel another regarding the selection, use, or legal effect of the forms. Such forms shall clearly and conspicuously state that the forms are not a substitute for the advice of an attorney.”
The Committee struggled with how landmen should be treated. There was widespread recognition that landmen—the term used by the energy industry to describe both men and women in the profession—serve a vital, multi-disciplinary role within the oil and gas industry as well as other energy endeavors. The Committee looked into how other states deal with the issue. In no state are landmen required to be licensed. There is a trade group, the American Association of Petroleum Landmen (AAPL), boasting more than 16,000 members...
To continue reading
Request your trial