How to Choose a Franchise Attorney

You have owned and operated a successful business for some time now. Your profit margin is good, your product and services have been well-received, and you are fortunate enough to have good employees. You were even able to open a second location, and it is also doing well.

Because of all this, you have been considering franchising your business. In other words, you’re ready to sell your business model—that is, the stuff that made your business what it is today—to other people.

When you franchise, you will be entering into a legal agreement with someone. The agreement will allow that person to use your company’s brand name or trade name, and to carry and/or sell your company’s products. Because of this, you will most likely want to use a franchise attorney. In that way, you can make sure that both you and your franchisees are protected.

A franchise attorney will help you with everything that is involved in franchising, literally from start to finish. The franchise attorney can get the ball rolling for you when you are ready to franchise, and continue to help you as your franchises develop and grow. If something should go wrong, the franchise attorney can help you terminate the agreement fairly, protecting your interests and investments while ensuring that things are brought to a satisfactory conclusion with the former franchisee.

Remember that as a franchisee, you are still an employer, with taxes to pay, payroll to distribute, and all the other tasks that fall on an employer’s shoulders. So, you want your franchise attorney to assist you in that area also.

So, how do you know which attorney would make a good franchise attorney? For starters, ask yourself these questions:
•Does the franchise attorney I’m considering specialize in franchise law or have a background or experience in franchise law?
•Is the attorney I’m considering licensed to practice in other states, should my franchise ever extend beyond my “home” state? (This is especially important if your franchise is located in a city that closely borders a city in another state. An example of this is Columbus, GA and Phenix City, AL.)
•What sort of fee schedule does the attorney I’m considering have? Does he charge a flat rate for certain things and hourly fees for others? Are both flat rates and the hourly fees reasonable? (It’s perfectly OK to “fee shop”, but remember keep the old adage “You get what you pay for” in mind when you’re doing this.)

You may think of other questions that you might ask when choosing a franchise attorney. Go ahead and ask them, too. When you find one who has satisfactory answers to all your inquiries, you will have found your franchise attorney.

If you need direction for selecting a franchise attorney, consider the advice of a professional franchise consultant.