Library
Lagarias & Boulter L.L.P. is committed to providing clients with relevant
information to help them understand and research issues that may be relevant to
their franchising questions and the process of hiring the right lawyer to
handle franchise issues. For this library, we have selected information and
links relevant to franchising that we hope are helpful to you.
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 will spend any amount of money and effort into
fighting your franchise case. Trust your case to a law firm that can go
toe-to-toe with franchisors. Please contact the California firm of Lagarias &
Boulter L.L.P. to find out how we can put our experience to work in your
franchise case. The California lawyers at Lagarias & Boulter L.L.P. handle
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: 415 460-0100.
Before Hiring An Attorney For Your Franchise Case, You May Wish
To Find Out:
How long has the attorney been practicing law and how much
experience in franchise cases do they have?
Franchise cases often involve
complex procedural and strategic issues that may be best handled by an attorney
with specific franchise experience developed over years of practice. The
attorneys at Lagarias & Boulter L.L.P. have some 50 years of combined experience
in franchise matters.
Are any attorneys in the firm certified in Franchise and
Distribution Law?
Lawyers in California can apply to become "certified"
specialists in various areas of law, including Franchise and Distribution law.
The State Bar of California sets many requirements that must be met before an
attorney can become certified in franchise and distribution law. For example,
“specialists must pass a written examination in their specialty field [or in
certain circumstances satisfy an exemption], demonstrate a high level of
experience in the specialty field, fulfill ongoing education requirements and be
favorably evaluated by other attorneys and judges familiar with their work.”2 The
standards and requirements for certification can be found at the following
sections the State Bar of California’s website. As of January 1,
2010, only about thirty of the more than 220,000 lawyers licensed in California
were certified in Franchise and Distribution law.
The section of the State Bar that certifies lawyers is called The State Bar of
California Board of Legal Specialization. More information on Board
Certification can be found at the State Bar website. To find out whether an
attorney is certified in franchise and distribution law, go to the Legal
Specialist Search page of the State Bar of California’ website or the general
attorney search page and simply type in their name. The website will tell you
whether the attorney is certified in franchise and distribution law.
Of course,
there is no requirement to hire an attorney who is certified in franchise and
distribution law. But all other things being equal, why wouldn't you want an
attorney with this level of expertise? In a sense, the State Bar of California,
which regulates California attorneys, has pre-screened these lawyers for you and
deemed them to be specialists in franchise and distribution law. At a minimum,
it makes sense to consult with at least one certified franchise law specialist
before you make your decision on which attorney or firm to hire.
Peter C.
Lagarias and Robert S. Boulter
of Lagarias & Boulter L.L.P. are certified specialists in franchise and distribution law.
Have the attorneys participated in activities and/or published
articles relevant to franchising or otherwise demonstrated commitment to
protecting the rights of franchisees?
Franchise law is a complicated area that
has the potential to cross over and relate to a number of other legal
sub-disciplines including class actions, mass actions, antitrust, unfair
competition, and numerous others. Franchise attorneys need not be experts in all
of these areas but need to be generally aware of developments in these areas as
may be applicable to franchising. One way to keep of abreast of such matters is
to participate in franchising related committees and activities. Both Peter
Lagarias and Robert Boulter have served on the State Bar of California Franchise
Law Committee and are long standing members of the American Bar Association
Forum on Franchising. Both Peter Lagarias and Robert Boulter have published
articles and other materials in the area of franchise law that can be found
here.
Which attorneys in the firm will handle the case?
Sometimes attorneys that
are hired by a client may refer the case to other attorneys outside the firm or
let junior attorneys within the firm handle your case. If this is anticipated,
you should meet and speak with the lawyer handling the case. At Lagarias &
Boulter L.L.P., your case will only be handled by either Peter Lagarias and/or
Robert Boulter, partners in the firm. While other attorneys may be responsible
for certain activities in the case, supervision, direction, and trial of the
matter will only be handled by partners.
What results has the firm obtained on
behalf of franchisees?
You may want to find out how the firm has handled other
client's cases and what results were achieved. While most settlements in the
franchise arena are confidential, sometimes they are not others are not and can
be asked about. You can also ask the firm for references of past or present
clients. Lagarias & Boulter L.L.P. will provide references on request.
Published trial court and/or court of appeal decisions may also give you and
idea of the experience and competence of the attorneys. Lagarias & Boulter
L.L.P. has been involved as counsel of record in a number of important cases
involving franchisee rights. These cases can be found
here.
Has the firm
represented franchisees in the same system?
An experienced franchise lawyer may have handled numerous cases against the same
franchisor. There are important reasons why you should consider hiring a lawyer
who has litigated against the same franchisor before. First, the lawyer will
have experience in dealing with the franchisor and its lawyers, which should
help your lawyer work more efficiently. Second, your lawyer may already have
important information about the franchisor that may help you. Third, the
franchisor and their lawyers will know the lawyer will do a good job on your
case and therefore may be agreeable to resolving much your case faster than it
otherwise would.
Does the firm
maintain professional malpractice liability insurance?
In California, a new rule
of professional ethics requires lawyers to disclose whether they have
professional liability insurance or not. This type of insurance can protect you
if your lawyer makes a mistake on your case. Lagarias & Boulter L.L.P. maintains
professional liability insurance.
Have members of the firm ever been disciplined
by any State Bar?
The California State Bar can discipline attorneys if they
break certain applicable rules. You can check the disciplinary record of any
California lawyer by going to the State Bar of California website, and type in
the attorney's name in the section "Attorney Search" in the upper right corner.
In addition to the lawyer's disciplinary history, you will find other basic
information on the attorney and whether the attorney is a certified specialist.
Description: Here is the link to ideas on how to select the right lawyer for
your franchise case.
How to research California lawyers using the State Bar of
California website
Description: Doing your due diligence before hiring a lawyer
is necessary for a decision of this magnitude. Here is the link to the
State Bar of
California website to find out information about the lawyer you are
considering.
How to find out whether a lawyer is certified as a legal
specialist in Franchise and Distribution Law Description
Here is the link to
Legal Specialist Search page of the State Bar of California’ website to find out
if the lawyer you are considering is certified as a specialist in Franchise and
Distribution Law.