4 Steps To Choosing A Franchise Attorney

On Behalf of Lanard and Associates | Aug 4, 2016 | Firm News

FOUR STEPS TO CHOOSING A FRANCHISE ATTORNEY

If you’re interested in becoming a franchisee, you’ll need legal help to make sure you get your franchise off the ground the right way. An experienced local franchise lawyer can help you avoid costly mistakes and setbacks.

But how do you find the best franchise attorney near you? There are a lot of considerations, yet the team at Luther Lanard, PC has four essential steps you should take when choosing a franchise lawyer.

If you’re ready to speak with our franchise lawyers in Florida, Pennsylvania, California, and Texas, contact our law offices today. We’ll be happy to answer any questions you may have.

Step 1: Make Sure Franchise Law Is a Primary Part of the Lawyer’s Practice

Make sure that the attorney you choose practices franchise law as a primary part of their practice.

Our experienced team of franchise lawyers has over 50 years of combined legal experience in franchise law. This includes past experience working as in-house counsel with major brands that have corporate and franchised locations. Our attorneys can evaluate your franchise legal documents, negotiate multiunit agreements, set up your legal entity as a corporation or LLC, and help you negotiate a strong commercial lease.

When you’re ready to sell or buy additional franchises or if you run into legal disputes over your franchise, our lawyers can assist with these matters, too.

Step 2: Only Retain an Attorney When You Are Close to Committing to a Franchise

If you are considering buying a franchise, you should not retain the attorney until you are close to committing to one franchise. In other words, you should narrow down your selection to the franchise you would like to consider before retaining a franchise attorney.

To help with narrowing the search for a franchise, you should speak to franchisees who are already in the system or have left the system. These franchisees (and former franchisees) are listed in the Franchise Disclosure Document (FDD) that the franchisor provided to you. You should also compare each Item of the FDD (the 23 Items that are in the front section of the FDD) for each of the systems you are considering.

Lastly, you may want to have a business/franchise accountant evaluate the audited financial statements of the franchisor. The accountant can help ensure the franchise is financially strong enough to survive the system that is in place and the growth that the franchise system anticipates.

Step 3: Speak with a Franchise Consultant First If You Want to Franchise Your Business

If you are considering franchising your business, our attorneys would recommend that you speak with an experienced franchise consultant before you retain a lawyer. A franchise consultant can help you develop the business aspects of the franchise, such as defining the territory for a franchise, the fees to charge, etc.

The franchise consultant can also write the Operations Manual that you will need to provide to prospective franchisees, help with training procedures, etc.

Our lawyers would also recommend that any business that is interested in becoming a franchise be a proven model that generates sufficient revenue. This just ensures that a franchisee can make money and still pay royalties to the franchisor.

Step 4: Look for a Franchise Lawyer Who Charges on a Flat Fee Basis

It is important to know up front what your legal fees will be, and a reputable attorney will be fully transparent about any costs associated with their services. Make sure that the franchise attorney you choose charges on a flat fee basis.

Here at Luther Lanard, PC, we handle franchise document reviews and commercial leases on a flat fee basis. It doesn’t matter if we are representing an individual who is buying a franchise or a business that is expanding into a franchise.

Additional Tips on How to Find a Good Franchise Attorney Near You

Finding the best franchise attorney can be challenging, especially if you are new to this. The lawyers here at Luther Lanard, PC have a few suggestions to help in your search and find trustworthy local franchise lawyers in your area:

• Get Referrals from Other Franchisees or Other Individuals: If you have colleagues you trust or have connected with other franchisees, use your network to ask for recommendations and referrals.
• Get Referrals from the Franchise Consultant with Whom You Are Working: Your franchise consultant can be a valuable resource for getting your venture off the ground and finding the right franchise attorney for your business.
• Read Reviews for Potential Franchise Lawyers: As you find some names that appear promising, check out their reviews on Google or websites such as Avvo, which rates attorneys. (Attorneys Douglas Robert Luther and Nancy L. Lanard hold 10/10 ratings on Avvo.)

Questions You Should Consider When Searching for a Franchise Lawyer

Once you have narrowed down your search, interview the potential franchise attorneys by phone or in person. Ask questions and learn about their experience with franchise law and their perspectives. This is also an opportunity to ask about their fees and services.

Some key questions to consider for the potential franchise lawyer include:

• Is the franchise attorney going to help you and be a resource for you with other experts that you may need?
• Can the franchise attorney help set up your legal entity for the franchise business?
• If you are buying a franchise that will require a lease, is the franchise attorney able to assist you with the lease review?
• Has the franchise attorney provided advice to you during the initial call?
• Does the franchise attorney handle the legal matters for a flat fee?

Contact Luther Lanard, PC to Speak with Our Franchise Attorneys

We hope these four steps to picking a franchise attorney have been helpful, and that our additional advice gets your venture on the right path. Of course, if you’re looking for a strong franchise attorney with experience and fee transparency, our law firm is ready to help. We are fully committed to the needs of franchisees in Florida, California, Texas, and Pennsylvania.

If you have additional questions or want to learn what our team can offer you, contact Luther Lanard, PC today.