Breaking Up With Your Franchise Attorney

Unfortunately, your franchise has landed on irreconcilable differences with your lawyer, and you are in search of a new law firm. So, where do you start?

1851 Franchise asked five of our top franchise lawyers of 2020 for their insights into what you should ask as you hunt for the next relationship.

How much of your practice is devoted to franchise law?

Jason Murray of K&L Gates

The most important question to ask a franchise attorney is “How much of your practice is devoted to franchise law?” Because franchise law is a highly specialized practice area, it is important to make sure that the “franchise lawyer” is not just a practitioner who dabbles in franchise law from time to time.  The second most important question is “Have you written legal articles for journals or spoken to your peers at franchise law conferences?” The two suggested questions will help the prospective client identify a knowledgeable and well-respected franchise lawyer.

How can you help me advance my brand?

Andrew Beilfuss of Quarles & Brady 

How can you help me advance my brand? Doing great legal work is a given, and I take great pride in providing elite quality legal advice. But, the attorney/franchisor fit is a partnership that goes beyond legal skill. In my experience, each brand that is seeking a change has a different challenge. It may be relationship issues in the system, a litigation issue, needing a larger legal platform to support their growth, a more cost-effective approach to legal services, or other issues. It is essential to outline the challenges (both legal and otherwise) that your brand is facing, and really drill a prospective new attorney for how they can help address those challenges. As the National Chair of one of the largest franchise practices in the country, I am really proud of the platform we’ve built to assist clients of any size, from the world’s largest franchisor down to start-ups. I’m even more proud of the success stories of the clients that have retained us to move their systems forward.

How can you improve the things my current representation is struggling with?

Lee Plave of Plave Koch

I think you should consider the things that work very well in how you work with your current counsel and the things that may not work as well. Ask a new lawyer how she or he would approach those issues. Ask the lawyer about challenges that she or he sees on the horizon and how those might impact your business in the short- and long-term. Seek out lawyers whose reputation among their peers shows that they are professional thought leaders with a steady flow of work from clients that keep coming back year after year.

Tom Spadea of Spadea Lignana

Just like a franchisee validates a franchisor before making a final decision, I would ask to speak to clients of the attorney and see what others say about the attorney and the firm. And it's not just the attorney, it's the firm, the support and the others on the team that make the representation go from good to great. It takes a team to truly support a franchisor's growth over the years. You don't just want an all-star, you want an all-star team.

Are you willing and able to be my business partner?

Michael Daigle of Cheng Cohen 

Are you willing and able to be my business partner? The practice of law has evolved since I started practicing – clients should be embraced, not held at arm’s length, and it’s rare that a legal issue is decided in a vacuum. Franchise attorneys must understand both the business risks that flow from legal decisions and the legal risks that flow from business decisions, and they must be prepared to partner with their clients as they make both kinds of decisions.