Consulting a qualified legal expert is a smart move if you have been thinking about turning your individual business into a franchise network or investing in an established business. It can be challenging to locate the best franchise agreement lawyer with the appropriate amount of experience and knowledge.
Both the franchisor and the franchisee might benefit from hiring a skilled franchising lawyer. He can assist you in comprehending the Franchise Agreement’s and FDD’s intricate details. He can help you prepare legal documentation, stay well clear of potential legal conflicts, accurately interpret your state’s franchise rules, and put you in touch with the appropriate people.
As per the 2020 ABA Profile of the Lefal Profession by American Bar Association, there are more or about 1.3 million lawyers in present in the US.
Who is a Franchise Agreement Lawyer?
Franchise law is a branch of law that handles problems related to franchising. Consult a franchise lawyer if you intend to launch a franchised business. There is no lack of advice available when it comes to launching a new business. Startups are advised to consult with accountants and bankers, however, most people fail to realize how crucial it is to hire a franchise agreement attorney.
The choice of your franchise lawyer for agreements can have a significant impact on your ability to manage your franchise business successfully and prevent future expensive legal hiccups.
What does a Franchise Agreement Lawyer do?
A franchise lawyer reflects businesses and franchisees in a variety of matters relating to franchise agreements. Also, they defend businesses and franchisees in court cases, such as those that emerge after the execution of a franchise agreement.
Because they are more familiar with the legal implications of franchising and its implementation when compared to conventional lawyers, franchise law lawyers set themselves apart from other lawyers. One must adhere to specific legal requirements, which a franchise lawyer can only perform, in order to reap the benefits of franchising.
The responsibilities of the best franchise business lawyer include:
- Giving franchisees guidance on the best ways to settle issues peacefully and safeguard their legal rights.
- Negotiating franchise contracts.
- Assisting franchise businesses in safeguarding their assets.
- Serving as the franchisee’s primary contact with the franchisor
- Serving as the franchisee’s primary contact with the franchisor
- Doing compliance audits and site inspections
- Getting licenses, permits, and other regulatory approvals
- Conducting legal research
Top Franchise Agreement Lawyers and Law Firms
The top Franchise Law Firms that deservedly make the list of the best franchise lawyers and franchise firms include:
- Spadea Lignana Franchise Attorneys
For a set monthly cost, Spadea Lignana provides limitless franchisor support as well as professional advice on franchise and multi-unit agreements, Franchise Disclosure Documents, and state registrations. You can simply discover where you can market, disclose prospects, track state registrations, and understand franchisor best practices with their proprietary software systems.
- FisherZucker LLC
With offices in Pennsylvania and New Jersey, FisherZucker is a legal firm with a nationwide practice devoted to issues involving business licensing and franchising. Their experienced lawyers regularly litigate matters across the country and have a wealth of experience in pre-litigation counseling, mediation, litigation, and arbitration. Due diligence for private equity companies is considered to be a part of their active merger and acquisition business.
Along with trademark licensing and protection issues, they also provide their clients with regulatory compliance, corporation formation, and governance advice. Their skilled agreement attorneys are experienced in complex disclosure concerns, multi-unit franchising, and international franchising.
- Internicola Law Firm
The Internicola Law Firm assists new businesses in obtaining the legal assistance, resources for expansion, and franchising techniques they require. They have been providing various rising companies with tried-and-true strategies, direction, and know-how for over 20 years as they build, grow, and preserve their franchise networks.
They are a legal firm with the heart of an entrepreneur, founded by Charles N. Internicola and nationally recognized by Super Lawyers. They are also franchise developers and business owners. Their group is fixated on seeing up-and-coming brands succeed in the industry. Their think that every new brand has a great chance of succeeding in franchising.
- DLA Piper
With lawyers in more than 40 nations in Europe, Africa, America, the Middle East, and Asia Pacific, DLA Piper is known to be a global law firm that is well-positioned to assist clients with their legal needs anywhere in the world. Since the advent of modern franchising, DLA Piper’s Franchise and Distribution practice has played a primary role in the sector and as a leader, both nationally and internationally.
Their clients represent a wide range of sizes and levels of experience across the majority of industries that have embraced franchising as a method of distribution, ranging from small business owners and startups that are launching new initiatives to the biggest franchisors, producers, and distributors. In addition to this, they are the general counsel of the International Franchise Association.
- Mullin, P.C.
At Mullin, P.C., they assist their clients in achieving their business goals through local and worldwide licensing, distribution, and franchise agreements via dozens of new franchise programs that they have designed and launched. Further, they specialize in improving and changing proven applications as their underlying systems change. Their company has strong connections in the franchise sector, allowing them to provide clients with the special advantages of their long-standing connections in the franchise community.
Their team is committed to giving people top-notch legal assistance, a warm, approachable manner, and in-depth familiarity with franchise agreement law. Their exceptional talent, expertise, and experience enable them to create a tailored plans for their clients to meet their business objectives.
- Drumm Law LLC
Drumm Law is a virtual law firm that was established with reference to the concept that a law office ought to be managed and treated like a business. For the purpose of offering their clients high-quality legal services at competitive prices, they tend to rely on technology, specialization, qualified personnel, and low overhead. They work with franchise brands of all sizes in all sectors as a full-service franchise legal practice.
The Franchise.Law’s franchise team is led by Jonathan Barber and Jason Power and is a North Carolina-based company in agreements and lawsuits. Several of the best brand-new franchise systems as well as sizable, international franchisors make up the firm’s customers. The firm takes a sales-oriented approach to franchise law and has assisted some of the nation’s franchise systems with the quickest rate of growth.
- Rhoda & Chalfant, LLC
Working with both franchisors and franchisees, Roda & Chalfant, LLC considers its clients as partners in the drive to expand their companies economically and sustainably. Being co-founders, in-house attorneys, and growth consultants for hundreds of companies, they are aware of what it takes to effectively manage risk as part of a comprehensive development strategy.
- Plave Koch PLC
Trademark law, franchise and distribution law, litigation, FTC disputes, vehicle rental law, and technology at Plave Koch PLC, an innovative legal company with a strong bench of highly experienced partners. They are known to defend franchisors and distributors in domestic and foreign business dealings, lawsuits, and disputes. Despite having developed their professions in major law firms, they have all managed to effortlessly escape their restrictions. They are, in fact, having a blast getting to know their clients better than ever while working with them at fair and predictable rates.
- Warshawsky Seltzer, PLLC
A boutique franchise law company called Warshawsky Seltzer aggressively concentrates on the requirements of companies wishing to expand domestically and globally through franchising. Their law practice is made up of business-minded attorneys with extensive actual business ownership experience. In addition to these important areas for franchise systems, their lawyers also tend to have experience in acquisitions and mergers, corporate, real estate, trademark, licensing, and informal conflict resolution.
Their flat fee programs give clients unrestricted access to legal services for a set monthly charge and they are timely and effective. They can offer strategic and proactive business and legal advice because their flat fee plans are known to highly encourage customers to keep them informed about their enterprises.
3 Considerations while choosing the Best Franchise Lawyer
- Education and Affiliations
A good franchise agreement lawyer must hold a Juris Doctor degree and have passed the state bar test in order to practice law. They must have strong analytical reasoning, critical thinking, negotiating, research, and writing abilities. Also, they must be proficient in various accounting software and project management.
If you are thinking about hiring a franchise lawyer, find out if he has taken franchise law classes at any college or university. It would be useful to know if the lawyer is connected to state-level franchise lawyer associations like the IFLA. Being a part of these organizations guarantees that the lawyer you choose to work with is educated about franchise businesses.
- Experience and rates
A good franchise agreement lawyer is required to have practical experience working with a variety of franchisors and franchisees. This guarantees that he is capable of addressing the difficulties that come with the complexity of the franchising market. Also, skilled lawyers are aware of where to look for inconsistencies between the FDD and the franchise agreement. By doing this, you can avoid entering into a contract that could later prove to be risky.
The costs vary based on the lawyer’s qualifications, the franchise under review, the difficulty of the FDD, the type of agreement, and other elements.
Asking for a list of past and present clients’ names, phone numbers, and email addresses is quite acceptable. To learn more about the lawyer’s effectiveness, call them and ask them questions such as, “Did they gain a better understanding of the franchise agreement because of the lawyer?” or ” Did they encounter any difficulties?”
Asking your friends and family for recommendations from people who have used a franchising lawyer’s services is another smart move. It is important to question them as to who assisted them with the paperwork and business dealings necessary for franchising, and whether or not is it simple to cooperate with the attorney. Further, you can ask them if they received sound advice.
Steps for choosing a franchise agreement lawyer
The majority of potential franchisees believe they may initially save money by relying solely on the franchisor and skipping legal fees. But when it comes to franchising, a little bit of prevention goes a long way. Keep in mind that you could be investing tens of thousands of dollars in your company, so it would be wise to hire competent legal assistance.
So how do you discover and hire a franchise agreement lawyer? The steps given below can prove to be helpful for you. Keep reading to know more!
- Step 1
Make sure that the franchise lawyer you select focuses its practice on franchise law. One must concentrate his practices on assisting people who want to buy a franchise and companies that want to grow by franchising their operations.
- Step 2
You should wait to speak with a lawyer if you are thinking about purchasing a franchise until you are almost ready to make your decision. In other words, before hiring a franchise agreement lawyer, you should reduce your options to the ones you would want to consider.
Speak with franchisees who are currently part of the system or have left the system to help in focusing your search. The Franchise Disclosure Document (FDD) that the franchisor gave you includes a list of these franchisees and past franchisees.
Also, you should evaluate each FDD item (the 23 items in the FDD) for each system you are thinking about.
Last but not least, you might wish to have a business/franchise accountant review the franchisor’s audited financial statements to ensure that the franchise is financially sound enough to survive the current system and the projected expansion.
- Step 3
If you are thinking of franchising your company, it is advised that you speak with an experienced franchise consultant who can assist with the development of the franchise’s business components, such as defining the franchise’s territory and setting the fee to charge. The consultant can also assist with training methods, writing the Operations Manual that you will need to give to potential franchisees, etc.
It is strongly advised that any company thinking about franchising have a successful business plan that generates enough revenue for a franchisee to be profitable while still paying royalties to the franchisor.
- Step 4
Be sure the franchise lawyer you select has a flat fee schedule. Further, they must be aware that it is crucial to know as to what your legal costs will be, whether they are assisting an individual who is purchasing a franchise with the evaluation of the franchise documents or a company that is expanding into franchising and requires the FDD and franchise agreement to be drafted. They must charge a flat fee for reviewing franchise documents and preparing franchise documents.
Both the franchisor and the franchisee might benefit from hiring a skilled franchising lawyer. He can assist you in comprehending the Franchise Agreement’s and FDD’s fine details. He can help you prepare legal documentation, stay well clear of potential legal conflicts, accurately interpret your state’s franchise rules, and put you in touch with the appropriate people.
In addition to training and experience, you should take into account the lawyer’s personal qualities. To discover more about a lawyer’s personality, speak with both current and previous clients.
To prevent future costly legal complications, take into account all the necessary tips and suggestions before engaging a franchise agreement lawyer. With this, your company will run smoothly and succeed in no time.
Best Franchise Agreement Lawyer provides excellent advice and guidance when drafting franchise agreements. They have extensive experience in all areas of franchise law, from registration to enforcement. Best Franchise Agreement Lawyer understands the complexities of franchise law and can provide legal counsel to ensure compliance.
They are knowledgeable of the different state and federal laws that govern franchising and can help navigate the complicated process. Best Franchise Agreement Lawyer will help ensure that the franchise agreement is legally binding and in compliance with all applicable laws.
They can also provide assistance in negotiating the terms of the agreement and handling disputes that may arise. Best Franchise Agreement Lawyer can help protect the rights of the franchisor and the franchisee by providing legal counsel throughout the process.They are familiar with the different types of franchise agreements, the benefits and drawbacks of each, and the best legal strategies for their clients. Best Franchise Agreement Lawyer will act as a mediator between the franchisor and franchisee and work to ensure that both parties are satisfied with the agreement.
They will provide advice on how to best protect the interests of the franchisor and franchisee and ensure that the agreement is fair and equitable.
Best Franchise Agreement Lawyer will also provide advice on how to minimize any potential risks associated with the franchise agreement. They can also provide guidance on how to best structure the agreement to ensure a successful business relationship. Best Franchise Agreement Lawyer is familiar with the disputes that may arise during the franchise agreement and can provide legal guidance to resolve them. They will also provide advice on how to best protect the franchisor and franchisee in the event of a dispute.
Best Franchise Agreement Lawyer has the expertise to ensure that the franchise agreement is in compliance with all applicable laws and regulations.