Google+

You Know You Hired the Wrong Franchise Attorney When…

 

You Know You Hired the Wrong Franchise Attorney When…

 

You would think the answer to this one would be so easy that you would know it in an instant. And it is. Think about it. This is basically the same as saying: You know you hired the wrong makeup consultant when your friends say, “Great Halloween costume! You should definitely audition to be a zombie in the next Resident Evil movie.” Or…You know you hired the wrong chef when the cow is still mooing on the plate and scares the living daylights out of your guests. Not to mention: You know you’ve hired the wrong mechanic when your car comes back with no muffler and an empty six-pack in the backseat.

 

See that? These are very common sense answers. And when it comes to a franchise attorney and needing their knowledge in order to make sure that your franchise is going to head into the ‘success’ category, then there are most definitely things to watch out for.

 

If they read over a franchise agreement while wearing that fake smile of a politician and your franchise suddenly goes to the dogs…you hired the wrong franchise attorney.

 

When your choice of a franchise attorney leads you to sit in a room with him/her and they look at the Federal Trade Commission’s Amended Franchise Rule (found at 16 CFR Section 436), and offer a blank look when it comes to the various state laws that apply to franchising and franchise sales, and say: “Don’t worry about this part. It’s just there to make the agreement sound more legal,” then…Houston, you have a problem! You should know ahead of time that this section may include state laws in your home state which may differ from those in the franchisee’s state, but which may still afford protection to a franchisee.

 

When your franchise attorney wants to argue about standard franchise agreement provisions which provide for the protection of the franchise system as a whole and the value of each unit in the system, including the right to veto real estate leasing decisions; the franchisee’s being precluded from entering into competing businesses; the right to require that franchisees purchase from specified purveyors; the right to have a say in who the franchisee can sell their business to; and the territory in which the franchisee may operate or locate – well, you have another problem.

 

Perhaps they wish to be like the attorney’s in the movies who pound on tables before winning the case and sending the criminal to jail. Trust me, these terms are essential to the operation of a strong franchise system and you don’t want to end up sitting in a defendant’s seat because your attorney wasn’t all they were cracked up to be.

 

You know you have the wrong franchise attorney on your side when they cannot tell you that they have reviewed and negotiated hundreds of franchise agreements. Well…they can tell you that, but they can also tell you they work for Zuckerberg and are the one who made Facebook possible. But I wouldn’t believe that if I were you, so do the research.

 

Perhaps they cannot explain to you conceptual terms associated with many franchise systems, such as what constitutes a master franchise or an area development arrangement. Or…perhaps they want to negotiate with you in a confrontational manner. Remember that you’re about to enter into a long-term relationship, therefore, it’s not helpful to begin with a ‘knock-down, drag-out, Rocky Balboa’ negotiation that will leave a very bad taste in your mouth.

 

This is your job, your business, your livelihood and your dream, so make sure that the franchise attorney you hire is the best kind of team player for your franchise system. Their inexperience in franchise law causes them to try to negotiate dozens of franchise agreement changes which you, as the franchisor, will likely reject, but which will also run up a significant legal bill.

 

Come on, people! Mike Rosenthal is the guy you want…unless, of course, you like Resident Evil. Then you can just skip the whole franchise goal and head straight to Hollywood for your zombie close-up.

 

You need value to have success, so get the ‘best’ franchise attorney right from the start!

 

For more information, head to:

www.franchiselawhelp.com

 

Entertainment

Blake Lively Shines as Surfer Stranded in Shark-Infested Waters

  The Shallows Blu-ray Review by Kam Williams Blake Lively Shines as Surfer Stranded in Shark-Infested Waters Nancy Adams (Blake Lively) was so shaken by her mother's (Janelle Bailey) untimely death that she's dropped out of med school. In order to feel closer to her dearly departed mom, she's decided to vacation at the same exotic Mexican retreat where she was reportedly conceived back in 1991. An avid surfer, she also plans to search … [Read More its Good for You.....]

Books

Richards Rocks!

  Sandra L. Richards The “Rice & Rocks” Interview with Kam Williams Richards Rocks! The American-born daughter of Jamaican immigrant parents, Sandra L. Richards is the author of “Rice & Rocks.” She hopes that her debut picture book will serve as an educational resource for families seeking to teach their children the value of their heritage and the importance of cultural diversity. Sandra completed both her undergraduate and … [Read More its Good for You...]

Art

More Than a Score

  ACRONYM TO FOLLOW by Peter Brav   Finally Our Day has come There’s a Day for everything For doughnuts, siblings, eight track tapes Grilled cheese, daughters and sons to work Encouragement, Alzheimer’s Coffee, math, chewing gum Blasphemy, yo-yos And now finally One for us Truly a Day to celebrate National Don’t Shoot An Unarmed Brother Doctor King Not Seeing Progress George Orwell Laughing It Is So About the … [Read More its Good For You...]

Real Estate

New Home Sales Jump in April

  New Home Sales Jump in April By Burt Carey Sales of new homes hit their highest rate since 2008 in April, according to the Commerce Department’s U.S. Census Bureau. April sales increased 16.6 percent over March figures, which correlates to a seasonally adjusted rate of 619,000 home sales projected for the year. The median price of those new homes was $321,000, the highest median price ever recorded. That’s up 9.7 percent … [Read More its Good for You.....]

Lifestyle

Richards Rocks!

  Sandra L. Richards The “Rice & Rocks” Interview with Kam Williams Richards Rocks! The American-born daughter of Jamaican immigrant parents, Sandra L. Richards is the author of “Rice & Rocks.” She hopes that her debut picture book will serve as an educational resource for families seeking to teach their children the value of their heritage and the importance of cultural diversity. Sandra completed both her undergraduate and … [Read More its Good for You...]

Outdoors

230 LXF from Tidewater Packs A Punch in a Small Package

  230 LXF from Tidewater Packs A Punch in a Small Package By Ted Lund Are you looking for a family-friendly center console that’s got the luxury of a larger boat in a smaller package? Then look no further than the 230 LXF from Tidewater. The 23-foot, center console has the same features as the rest its large LXF brothers, including comfortable full upholstery, stainless steel cup holders. And a newly-designed console with glove box and … [Read More its Good for You...]

Sports

There Are Superheroes Among Us

  There Are Superheroes Among Us by Amy Lignor   This story truly proves that a superhero does not require a cape, tights, or the ability to fly. In a world where all headlines seem to be centered around who shot who, who is being put upon, who’s “getting away with it” – all the way to who is getting divorced and who may or may not be kneeling at NFL games – negative stories seem to be the only ones covered anymore by the media. … [Read More its Good for You...]

Business

Scholastic Announces Sales of More Than 3.3 Million Copies of Harry Potter and the Cursed Child

  Scholastic Announces Sales of More Than 3.3 Million Copies of Harry Potter and the Cursed Child Parts One and Two New York, NY (August 10, 2016) — Harry Potter and the Cursed Child Parts One and Two script book, the eighth Harry Potter story by J.K. Rowling, John Tiffany, and Jack Thorne, published in the U.S. and Canada by Scholastic has sold more than 3.3 million copies in North America to date.Scholastic announced a first printing … [Read More its Good for You...]

Travel

Vacation Time Has Turned “Spooky”

  Vacation Time Has Turned “Spooky” by Amy Lignor   Myths and legends, both spooky and surreal, are becoming the subject of many books and newspaper articles lately. And the location of many, oddly enough, happen to be in the Southwest. It used to be that a nice white sandy beach was the one place we yearned to go on vacation to get away from it all. Now, however, people are searching for places to travel where legends still exist, and … [Read More its Good for You...]

Green Living

Doing Our Part

  Doing Our Part by Amy Lignor   There are books being published as of late – wonderful books telling the stories of amazing wildlife rescues, as well as neighborhoods and communities across the U.S. that have taken on projects to save the wildlife in their own surrounding areas.   We always talk about these “success stories,” yet never actually give information on exactly how these “problems” turned into “victories.” … [Read More its Good for You...]