Franchise Lawyer – a specialist in franchise law

Copyright 2011, Kevin B. Murphy, B.S., M.B.A., J.D. - all rights

reserved

A franchise lawyer is one whose primary practice is franchise law. There can
franchise lawyers who help those interested in making a franchise investment. The
types of legal services offered by franchise lawyers of this type include negotiating
franchise contracts, reviewing disclosure documents and sometimes negotiating the
lease for the ultimate retail location. Fees for franchise lawyers are an hourly rate
that ranges from a low of $300 to $600 or more per hour.

The second kind of franchise lawyer are those who help companies that want to
expand and sell franchises for their business model. A franchise lawyer of this type
usually drafts franchise disclosure documents, the franchise agreement and
franchise registration applications. There are approximately 14 states where a
franchise lawyer needs to file a registration application before the company can
Offer or sell franchises in these states. There are also 24 states that have business
opportunity laws the franchise lawyer may need to comply with in order for the
company to offer or sell franchises in these states. Franchise lawyers who do this
type of work typically charge hourly rate that ranges from a low of $300 to $600 or
more per hour.forfranchising a business services.

HOW TO FIND A GOOD FRANCHISE LAWYER

Using a franchise lawyer early in the process is best, whether you are thinking about
buying a franchise orfranchising a business. But with franchise lawyers it’s also
important to be selective and savvy. Find a franchise lawyer who, in addition to
their law degree also has an MBA (Master of Business Administration) and you’ve
narrowed the field to a select few. It’s surprisingly easy to do this. You can simply
do a Google search for MBA franchise lawyer. Now you’re dealing with a franchise
lawyer who understands both the legal and business issues that are both critical in
the franchise industry or franchise my business. You’ve done a good job at this
point, but don’t stop here. You can narrow the field and obtain the best of the best

Franchise Foundations - 4157 23rd Street, San Francisco, California 94114 Ph: 800.942.4402
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by finding a franchise lawyer, with an MBA, who also has franchise ownership
experience. Whether you’re buying a franchise for the first time or franchising a
business, theadvice received is a lot more meaningful and practical when it comes
from a franchise lawyer, MBA and former, successful franchise owner - as opposed
to someone who has never operated a franchise before. Finding afranchise lawyer,
with an MBA, and who has owned a successful franchise– that is the cream of the
crop.

FRANCHISE LAWYER QUESTIONS

(1) Is the law practice devoted 100% exclusively to franchise law - and how long
have they been practicing franchise law exclusively?

(2) How many FDD Franchise Disclosure Documents (formerly called franchise
offering circulars) have they have drafted and reviewed?

(3) What is the franchise lawyer’s experience filing franchise registrations and
dealing with state examiners in all 14 franchise registration states? What about in
the 24 business opportunity states?

(4) What is the franchise lawyer’s experience representing franchise companies?

What about representing individuals who want to buy a franchise?

(5) Does the franchise lawyer have experience owning and operating a franchise?
Was it a successful franchise? Knowing both sides of the franchise fence is a great
asset.

(6) In addition to a law degree, does the franchise lawyer have an MBA? As
mentioned, this is especially helpful to advise in both the business and legal aspects
of the franchise industry. Do a Google search with "MBA franchise lawyer" as a
search term and the results will be apparent.

Other factors, like being a member of the American Bar Association's Forum
Committee on Franchising, don’t amount to much. Membership in a franchise
committee or franchise association simply means the franchise lawyer pays a yearly
membership fee. There is no prior skill in franchise law required and a large number
of members join to learn about subjects they don't know very well.

Franchise Foundations - 4157 23rd Street, San Francisco, California 94114 Ph: 800.942.4402
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Author credentials and background
Kevin B. Murphy, Mr. Franchise, is a franchise lawyer attorney based in San
Francisco with a 30-year practice devoted exclusively to franchise law. For 20-years
he has been a testifying franchise expert witness in court and arbitration
proceedings, giving him vast experience in knowing where the bullets come from in
franchise litigation. For 17-years, Mr. Murphy has been an Approved MCLE
(Minimum Continuing Legal Education) Provider by the State Bar of California,
teaching franchise law, franchising vs. licensing (franchise vs. license), and
intellectual property courses to California attorneys. In 2002 -2003 he started,
operated and sold a very successful franchise. Mr. Franchise holds degrees in
business administration and law from the University of San Francisco and an MBA
from San Francisco State University. He is the author of over 50 franchise
publications, including 4 books on franchising and one book on trade secrets.

Franchise Foundations - 4157 23rd Street, San Francisco, California 94114 Ph: 800.942.4402
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