Choosing your Franchise Lawyer

Not every business lawyer has experience in franchising.

Franchise law is a unique. It involves special federal laws. In some cases, it also involves special state laws. It involves a unique culture, with its own unofficial norms and standards.

So, you want to make sure that your lawyer has the expertise and experience to actually provide the help you need.

Now the harder part. How can you tell if a lawyer has the expertise and experience you want?

A good, old-fashioned interview should be part of your process. We recommend that you ask the following types of questions:

  • How many FDDs/Franchise Agreements have you reviewed? Negotiated?
  • Give me the names of some of the franchises you've worked on?
  • Do you lecture and/or write about franchise issues?
    • If yes, where, when, to whom?
  • Have you represented clients in franchise lawsuits? In franchise arbitrations?
    • If yes, how many? In Texas? Where else?
  • Have you ever helped a franchisee sell/transfer their franchise?
    • If yes, give some examples.

At Dickinson & Wheelock P.C., we also think your franchise lawyer should be able to serve as your company's “general counsel” on other business matters. So, ask the lawyer:

  • Can you help me form my legal entity?
    • How many entities have you formed?
  • Can you help me review and negotiate my lease?
    • What's your experience in leases for franchisees?
  • Can you help with employee issues?
    • What's your experience?
  • Do you have your own business experience?
    • If yes, tell me about it.
  • If I have disputes, will you be able to help me?
    • What experience do you have in litigation? In arbitration?

When you ask these questions, listen to the answer. But also listen to the way that the lawyer answers. Not only should you be looking for a lawyer with the right kind of experience, you should be looking for a lawyer that you trust.

Franchisors

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Jeff Wheelock

Read what others have to say about our franchise expertise

Jeff is very knowledgeable, takes pride in his work and really has your best interest at heart. He took the time to explain everything in language I could understand. I now have more confidence in knowing what I am getting into. I would definitely recommend Jeff.
Jon W.
Like many others have stated, I felt instantly comfortable with Jeff Wheelock starting with the first phone call. He was up front about the pricing and scope of his services. He was ready to work with me right away. When it came time to review the FDD and contract, he gave his frank opinion along with patient teaching of what certain items meant. I'm pretty well educated and had lots of experience with contracts before, but there were still about 4 key sections that I had not noticed would leave me very vulnerable. I'm pretty tough to impress and my expectations were exceeded working with Jeff.
Will R.
Jeff took me through my franchise agreement line by line making sure i understood every detail i was signing. He focused on two main categories - am i protected if things go really well and am i protected is if things do not go well. I had no idea how exposed i was in the downside scenario until he walked me through a few example situations. I also did not understand the exposure i was taking on the upside scenario. When i read the agreement i read the part about territory completely wrong and because of his accurate assessment of territory i chose to not pursue this franchise. He created a simple to read addendum that i was able to send on to the franchise owners and gave me great tips on negotiating terms. When i find another franchise i intend to pursue i will definitely contact Jeff again to review any agreements before i sign.
Diane H.

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