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International Law

: Misleading Advertising Law

Hiring a Franchise Lawyer

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Why and how should you hire a franchise lawyer?

Well according to Sebastian Page:

"Franchising is all about the ability to replicate a business concept and provide a consistent product or service.

Thanks to this consistency, franchisors can build a brand and a network of franchised locations that reinforce their brand image.

Many of the issues covered in the franchise agreement are dictated by this consistency and the franchisor's responsibility to protect its brand. These stipulations are often misinterpreted by attorneys who are inexperienced in franchise matters as biased in favor of the franchisor.

With all this in mind, you should definitely retain a franchise lawyer to review your franchise agreement - a qualified franchise attorney can determine whether or not contract terms and obligations are acceptable/common practice or excessive/unusual in a franchise relationship."

Ok, except for the fact that many conditions in the modern franchise agreement have nothing to do with protecting the brand, they have to do with maintaining the franchisor's advantage in litigation.

Apart from that, what does Sebastian Page suggest in looking for a franchise lawyer:

"It isn't difficult to find a qualified franchise attorney. Do you know someone who has invested in a franchise?

Ask them for a referral. Your personal /business attorney or your accountant can also give you a reference. If you are unable to uncover a franchising attorney despite your networking efforts, you can turn to your state bar association for the information."

No, this is stupid advice. The person that you know may be an idiot. The local state bar doesn't make recommendations.

Read Keith Kanouse's article on Choosing a Franchise Attorney, or look up lawyers from the franchisee friendly trade association, American Association of Franchisees and Dealers. (I am listed at the AAFD's Legal Line, the only Canadian lawyer to be listed.)

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Full post as published by Misleading Advertising Law on June 13, 2008 (boomark / email).

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