Why Franchise Cases Are Difficult For Non-Franchise Attorneys
Franchise cases are far different than ordinary personal injury or breach of contract cases. If you or someone you know is in or about to be in a franchise dispute, it is very important that you hire someone experienced with the differing issues involved in franchise cases. Why? There are many reason but consider these few:
1. Franchisors have a leg up from the beginning by drafting one sided contracts.
Even a brief look at the typical franchise agreement shows that it is drafted in legalese by lawyers hired by the franchisor to protect the franchisor’s interests at every turn. These protections extend from the substantive terms of the agreement, to the disclaimers, and the dispute resolution provisions. Many courts have thrown out franchise lawsuits based on these one-sided substantive provisions, disclaimers, and provisions that are designed to send a case to arbitration. While not always possible to accomplish, an experienced franchise lawyer will know how to give maximize your opportunity to defeat or defuse such one-sided terms.
2. Franchisors have their own in house attorneys and typically hire large national law firms.
Franchisors employ and retain very experienced lawyers in defending themselves and expect them to ensure you receive little compensation or redress. These lawyers handle dozens or more cases on behalf of franchisors and have the bird’s eye view of what strategies work and don’t work with courts and lawyers alike. An attorney that is not familiar with such strategies will be at a distinct disadvantage.
3. There are many laws that can be applicable to franchise disputes.
There are many laws and regulations, state and federal, potentially regulating what franchisors can and cannot do in relation to their franchisees or prospective franchisees. It is extremely important that any lawyer you hire know of and understand these laws. A complete and thorough evaluation of your case and consideration of the various tactical options cannot be done without this knowledge.
Because franchise disputes may have the potential of having far reaching system-wide implications, Franchisors often spend extraordinary amounts of money and effort in fighting your franchise case. Trust your case to a law firm that can go toe-to-toe with franchisors. Please contact Robert S. Boulter to find out how we can put our experience to work in your franchise case. The Firm handles franchise cases for franchisees all across the country (Note: Cases outside of California may require the association of local counsel licensed in the given state). For information on cases recently taken on by the firm, or if you would like to speak with us, please do not hesitate to contact us by email or by calling us at: 855-372-6529.
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