Should I Hire a Franchise Attorney?
June 19, 2010 | Posted by admin
Deciding to own your own franchise can be a great opportunity and very fulfilling. You will own your own business and have a great chance for success. One of the key contributors of your success will be your franchise contract. If you are new to franchising it can be a little confusing especially since most legal documents are. Your agreement with the franchisor is what will determine the future of your franchise, what you can do, benefits you will receive, and what your franchisor will do for you. Whether you are new to franchising or not it may be beneficial to hire a qualified franchise attorney to help you.
A qualified franchise attorney’s help people through the franchise process whether it be a well known franchise or a start up franchise. They deal with the area of law revolving around the right or license that is granted to an individual or group to market a company’s goods or services in a particular territory under the company’s trademark, trade name, or service mark. These are things you could encounter during the beginning of your franchise career or throughout it. With so many laws it is hard for an individual to know it all, unless they specialize in it as franchise attorney’s do.
Your franchisor may offer suggestions for a franchise attorney or where to start, or you may choose to look for one on your own. Either way is acceptable. It is important that you select a qualified franchise attorney for you regardless of how you find them. Some things to consider are followed. You want an attorney that specializes in franchise law. If not they will not be the best suit for what you need. You will also want to find a franchise attorney that has experience. This is a big investment and decision; it is not something you want to chance with an upcoming franchise attorney. You need someone who knows as much as possible and has been practicing for a while. It is advised that you find a franchise attorney that has a concrete knowledge of your states laws for franchising. Ever state has their own laws so it is important that they know what your state’s rules are. Also finding a franchise attorney that is an active member of the American Bar Association Forum on Franchising will be something to show they have accreditation and are active with current franchising laws.
You will want someone who knows the laws of franchising as you begin and carry on as a franchisee. They can help you through legal issues that may arise. They can also provide legal council to you as you make decisions for the future of your franchise and you as a franchisee. They may be able to keep you from making costly mistakes either in your initial contract agreement or in maintaining your agreement with the franchisor. Also they may be able to guide you through the correct steps to take if your franchisor is not following their contract agreement with you.
Hiring a qualified franchise attorney is a great decision to make for your franchise and you!