When It Comes to Franchising, Lawyers Should Seek Franchise Attorneys

DEAR FRANNY: I am a civilian attorney that works for the Navy as the assistant counsel for the local naval shipyard.  I am not in private practice. I have a long time friend that would like to franchise his business and he has asked me to help him set up the franchising operation.  I am interested in the professional challenge of his request and I would like to help him as well. I am trying to find someone that would be willing help educate me on the legal nuts and bolts of how to set up a franchising operation for a small business. – Civilian Sam, Esq.

DEAR SAM: Your question is a good one and one that merits a candid response. I have been practicing franchise law for nearly 35 years and it has taken me that long to become an “expert” if you will. When non-franchise attorneys come to me for advice, and have a similar issue as yours, I caution them about trying to handle an area of the law that they are not knowledgeable in.  The smartest attorney is the one who knows what they don’t know. There is no shame in suggesting to your friend that he needs to seek a franchise attorney to work with him and yourself on this project. The last thing you need to do is learn a complex area like franchise law, on the fly, at the expense of your friend. I dare say that it would take you years to learn the “nuts and bolts” of franchising. My advice is to suggest to your friend that you will research franchise attorneys and make recommendations and that they work with whom you recommend. Remember, there is corporate work that will need to be done, as well as possibly real estate work, so you can keep your hand in the transaction in other ways.

About the author: Dear Franny is authored this time by nationally recognized “franchise guru” Harold Kestenbaum of New York City-based Ruskin Moscou Faltischek P.C. Kestenbaum is also a business advisor to start-up franchising systems. Please note that law firm Ruskin Moscou Faltischek is a Blue MauMau advertiser.

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