Who is the mystery man in Chesapeake Energy settlement

Jim Ward isn’t a member of the State Bar of Texas.

Heck, he doesn’t even have an office in the Lone Star State.

But the grandfatherly-looking attorney has suddenly become a player in the $51 million settlement with Chesapeake Energy for underpaid royalty payments to small landowners.

Ward, who operates Wardlaw Services out of a house in east Fort Worth, is suing Dan McDonald, the lead attorney for the plaintiffs, for one third of the attorneys’ fees. Ward says he helped devise the strategy used to sue the Oklahoma City energy giant and has a signed agreement as proof.

In his lawsuit filed on Monday, Ward contends that McDonald’s crusade against Chesapeake would not have happened “but for the indispensable contribution” of him and his team of consultants.

McDonald has not returned phone calls, but in court documents he denies Ward’s claim. Still, at a court hearing on Thursday, McDonald’s attorneys agreed to put $5.3 million in a trust account until the issue is resolved.

Chesapeake and Total E&P USA put $41.3 million in cash into an account on Monday, and Chesapeake also supplied a $9.715 million promissory note to be paid later. The fight over attorneys’ fees will not delay distribution of payments to clients.

Around the courthouse, Ward is a mystery man. When asked after Thursday’s hearing why his name never came up during the lengthy litigation, he responded, “It should have.” Then he added that the agreement he signed with McDonald in 2014 “speaks for itself.”

Asked about not being registered with the Texas Bar Association while he is listed as “co-counsel” in his agreement with McDonald, Ward whipped out a card showing he is a member of the Alabama Bar Association.

Ward’s attorney, Bryan N.B. King of Oklahoma City — who added to the mystery because he wouldn’t elaborate on how he got involved — said that it is “not a requirement to practice [law] in Texas to have a valid fee agreement.” King said it “feels good” to have the money set aside.

Allen Pennington, an attorney representing McDonald, said that agreeing to put the money into a trust account until a later hearing does not “concede anything.”

This story was originally published July 24, 2016 at 12:32 PM with the headline "Who is the mystery man in Chesapeake Energy settlement."