Hiring a Franchise Attorney

Hiring a Franchise Attorney

When launching a franchise program, one of the first professionals that you will need to engage is a franchise attorney. Few states recognize “franchise law” as a specialty, so most lawyers may not promote themselves as “franchise lawyers”. So how do you know if an attorney is experienced in franchise law and competent to represent you and your new franchise program? You ask. Ask questions such as: How long have you been practicing franchise law? Are you a member of the American Bar Association’s Forum on Franchising (most lawyers that devote significant time in their practice on franchise law are members of this group)? Are you a member of the International Franchise Association (“IFA”, by far the largest trade association in the franchise industry)? How many franchisors do you represent? Have you registered franchise disclosure documents in all of the registration states? What are your fees? Don’t be afraid to ask about fees!

So where do you find a franchise lawyer? As you do in selecting other professionals, you should ask your friends, business associates, and other professionals (including your general business attorney) for recommendations. You should ask existing franchisors (not competitive with your system) for a recommendation. And you can use the IFA or your state bar association as a resource. Or you could just call me (just kidding).

Unless a particular attorney comes highly recommended from a trusted source, I recommend you interview more than one attorney. You should retain the services of an attorney that has franchise law experience, that you can trust, that communicates well, and that you genuinely like. Because franchising is highly regulated, you will have a considerable amount of interaction with your franchise lawyer (now there’s something to look forward to!). Hire someone whose company you enjoy.

Still have questions on hiring a franchise attorney? See our website or send me an e-mail.

afriedman@frglaw.com
www.franchiselaw.com