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What is a franchise lawyer?

Franchise lawyers offer legal support and services to both franchisors and franchisees. For franchisors, franchise lawyers will instruct and guide their client on formulating an appropriate business model. They will also implement systems to educate and train franchisees and ensure franchisors comply with the Franchising Code of Conduct.

Alternatively, franchise lawyers can assist the franchisee when examining their complex franchise documents and considering whether these documents are fair and beneficial to their interests. It is recommended you obtain comprehensive advice from an experienced lawyer who will instruct and support you from the beginning to the end of a franchise agreement. A franchise lawyer will inform you of your rights, responsibilities and obligations, and evaluate whether you are in a good position before you make the decision to buy your franchise.

What can a franchise lawyer do for me?

Generally, franchise lawyers will do all the legal work for a franchisor and franchisee. These lawyers will draft all legal documentation, including franchise agreements, employment contracts, disclosure documents, commercial lease agreements and franchisee heads of agreement. If an issue arises where litigation is necessary, a franchise lawyer will represent you and handle all disputes and claims made by you or against you. If you currently are experiencing issues, it is prudent to consult a franchise lawyer to obtain proper legal advice.

5 tips when hiring a franchise lawyer

Engaging with a franchising lawyer can be overwhelming as there are many lawyers to choose from. It is recommended you consider these tips before making a decision:

  1. Find a qualified lawyer that suits your needs. Experience and qualifications are extremely important because there are numerous issues that must be considered when starting a business.
  2. Check to see if they are accountable and transparent. Look at reviews and recommendations.
  3. Also, find a lawyer who is compatible with your budget. Ask if there are fixed fees, packages or flexible payment options that can be tailored to your needs.
  4. Consider more than one lawyer before making a decision. It is important you find someone who has the skills and is willing to work hard on your behalf.
  5. Read the retainer your lawyer provides. It will inform you of the obligations held by both you and your lawyer, as well as costs that are involved.

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