choosing a franchise attorney

Franchising can be an exciting opportunity, but it is crucial to approach it with careful consideration. Many aspiring franchisees may be tempted to cut costs by forgoing legal assistance at the start of the process and relying solely on trust in the franchisor. However, it is important to recognize that investing in a franchise involves significant financial stakes, often costing thousands of dollars. That is why many franchisees often seek the assistance of an experienced and qualified franchisee attorney to help ensure that their investment is protected. 

Find an Attorney Who Handles Franchising

Franchising involves businesses expanding by licensing their trademark and business model to third parties. It is a complex area of business law that requires specialized knowledge and experience. While a general small business lawyer may be competent in many aspects of business law, handling franchise-related matters requires specific expertise in reviewing franchise disclosure documents and franchise agreements. 

Look At The Attorney’s Experience

To choose the right franchisee lawyer, it is important to consider their specific experience in advising franchisees. An experienced and skilled franchisee attorney should be able to:

  • Provide comprehensive guidance on the various aspects of buying into a franchise. 
  • Help you thoroughly evaluate the advantages and disadvantages of franchise ownership.
  • Assist you in conducting a thorough risk assessment of the business opportunity. 
  • Provide you with insider knowledge of the franchising industry, offering valuable insights into the opportunity.

More importantly, as your representative, the franchisee lawyer is more likely to be transparent and candid with you compared to the franchisor and its sales team. Their role is to protect your interests and ensure that you are well-informed. Furthermore, a reputable franchisee lawyer can play a key role in identifying and avoiding potentially fraudulent franchise opportunities, safeguarding your investment and future prospects.

Learn About the Attorney’s Communication Style


Beyond accessibility, the communication style of an attorney is crucial. It is worth noting that some franchisee attorneys may prefer to communicate via email. While others may choose to discuss issues over the phone. If you have a specific preference for communication methods, discuss it before retaining the lawyer to ensure you are on the same page.

Learn More About How The Attorney Handles Disputes

When selecting a legal firm for franchise-related issues, consider choosing a firm that not only specializes in franchise law but also has experience in handling franchise disputes. 

Franchise law is intricate and subject to specific regulations. Making it imperative to engage an attorney with specialized knowledge in this area. A franchisee attorney with experience in franchise litigation is better equipped to efficiently resolve disputes and potentially lower associated costs compared to a general litigation or business attorney. 

Consider Asking the Following Questions During the Initial Consultation 

During the initial consultation, consider asking the following questions to learn more about the franchisee lawyer and their abilities:

  • What is your experience reviewing franchise disclosure documents?
  • Do you have familiarity with both federal and state rules regarding franchising?
  • Do you represent franchisee or franchisor clients?
  • Is the legal advice you provide specific to the franchising relationship?

Contact FortmanSpann To Learn More About How Our Legal Team Can Help You

At FortmanSpann, our team of highly skilled franchise lawyers has established a national presence and is dedicated to representing franchisees in a wide range of complex and nuanced legal matters. These matters include addressing issues such as breach of contract, fraud, violations of franchise disclosure documents (FDD), and encroachment, as well as handling purchases, renewals, sales, and transfers. 

To learn more about our firm or how we can help you with your franchise opportunity, contact FortmanSpann today and speak with a member of our skilled legal team.