Franchise Lawyer ? The person or the professional who concerns with franchise and all related issue of franchise business. He generally applies his legal abilities to resolve any franchise disputes in the light of franchise jurisdiction.
Role and Responsibilities of Franchise Lawyer -
Franchise Industry Experience
The value of a lawyer increased with his knowledge in related field and experience of franchising industry. And the other factor which is also important for him to understand the relationship exist in franchise business.
Pre-Contractual Evaluation
Franchise Lawyer and the accountant must assist the franchise for pre contract evaluation which means what terms and condition must be included in the contract so that no disputes will arise in future.
The factors may be the credit of franchisor and the franchise, profit percentage etc. In which the profit is the most important factor because generally it is the reason for any franchise disputes.
Fair Documentation
For the success of any franchise business the documentation must be prepared fairly that means each and every term and conditions must be specified clearly in the document. For example documents are generally prepared favorable for franchisor. As because in franchise business, franchise uses the franchisor brand name so the contract must be clear to avoid any misconception related to the business. An experience Franchise Lawyer is generally aware with the fair deals between both the parties.
Management of Risk
The Franchise Lawyer is generally liable to the management of risk associated with the business like the non agreement on certain condition in future.
Jobs associated
He plays an important role in managing the documents, controlling the issues and resolving the disputes.To understand better the role of the lawyer we must understand the transaction occurs in franchise.
The typical franchise transaction consists three phases.
Pre Contract-> Contract ->Post Contract,
Pre Contract
For a FranchisorEvaluation of the feasibility of the Franchise businessDevelopment of the business.Structuring the business.Assist in fundamental intellectual property asset.Managing supply of the product.
For a FranchiseEvaluation of the franchise opportunityReview of the all legal documentation.Negotiation of opportunities.Review supply of the product.
During the contract
For a FranchiseTrade arrangement, supply contract, employment contract etc.Disputes resolution.
For a FranchisorFranchise agreement, disclosure document management.Providing guidance in risk management.Assist with Franchise disputes.
Post Contract
For a FranchiseAssist in residual asset protectionReview of legal advice.
For a FranchisorAssist in asset recovery.Assist in termination procedures.
The overall summary of this article is that Franchise Lawyer plays the role of mediator between franchisor and franchise.
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