July 23, 2010, Newsletter Issue #138: Engage A Franchise Attorney

Tip of the Week

It is very important that you consult with a franchise attorney that has extensive franchise experience. You will work closely and frequently with your attorney. You will be bound by the documents your attorney creates. You will need your attorney’s experience and guidance in expanding your franchise base. Even more than with your Trademark Attorney, you will need to have a strong business relationship based on mutual trust and respect.

Do not choose attorneys based solely on lawyer referral services. These services typically do not evaluate the abilities of the attorneys in their listings. They accept any attorney willing to pay their membership dues.

Do not choose attorneys based solely on their advertisements. All a fancy advertisement tells you is that the lawyer has funds for advertising.

DO interview attorneys and determine who you’ll be working with – the attorney or paralegals.

DO ask if the franchise attorney has experience with start-up franchises and franchises in your industry.

DO consider physical proximity. While your attorney will be able to work effectively via telephone, e-mail and fax, it may be beneficial to meet face-to-face in the early stages of the process.

DO trust your instincts. Personality is important, as you will be working closely with your attorney throughout your franchise endeavor.

DO understand the attorney’s billing policies. Is it per hour? What is the rate per hour? Make sure it’s affordable for the level of service you require.

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