Of all the inherent advantages in owning a franchise, the one overriding strength is franchising’s ability to replicate the consumer experience consistently from one location to another.

In franchising, a tension often exists between the lawyer and the consultant because many issues don’t neatly fall into purely legal or purely business buckets.

When MSA works with a client as part of a litigation strategy team, our role is generally to facilitate business discussions focused on preserving the value of the franchise system, and keep the franchisor-franchisee business relationship on a separate track.

Most franchise systems have procedures in place for requesting approval of new products or services. Often the new items, after thorough research by the franchisor’s staff, are tested in company-owned locations or in franchisee-owned locations.

A qualified franchise attorney can separate contract terms and obligations that are “acceptable” or a “common practice” in a franchise relationship from those that may be excessive or unusual, and can help you negotiate with a franchisor.

An expert in franchise law can help you understand what you are getting yourself into, and is your best protection against succumbing to what might kindly be described as your “entrepreneurial fever.”