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Business and Documentation Issues
How To Franchise A Business; Franchise Disclosure Documents; Buying a Franchise; Franchise Due Diligence
Please indicate in your email all relevant contact information (best phone # and time, etc.) and the nature of your question or inquiry. For example, for how to franchise a business include a brief summary of the background of your business (years in operation, type of business, number of locations, etc.). Also use this contact form if you want a quote on planning and editing assistance so you can draft your own Franchise Operations Manual or answer a Franchise vs. License (Franchising vs. Licensing) question.
If you are thinking about buying a franchise indicate the name of the franchise opportunity or franchise opportunities and the type of franchise evaluation service(s) you are most interested in. Most often, a review of the Franchise Disclosure Document – FDD – using our FDD Evaluator (sm) service for a flat fee is a popular, affordable way to begin your franchise due diligence, find out if we give the company a thumbs up or down and contract provisions that you want to negotiate or consider carefully. Typically these are known as franchise legal boilerplate that bites . . . and bites hard. Contrary to what many franchise companies say to discourage negotiation efforts, a lot that can be Negotiating A Franchise, especially if you’re represented by a competent franchise attorney who points out unfair provisions before the contract is signed. After signing, the door of negotiation slams shut.
Contact Details – Existing or Past Franchise Owner; Disguised Franchise (License) Legal Advice; Franchise Relationship; Consulting/Research
Are you an existing franchise or past owner or did you buy a disguised franchise (called a license, dealership, etc.) and need legal advice, help or have questions or issues about your franchise relationship or contract provisions – indicate the name of the company and a brief description of your franchise or license relationship issue or contract inquiry.
If you want me to do a franchise research or consulting project such as advice on franchising vs. licensing (franchise vs. license) or helping produce franchise operations manuals please indicate the issues or topics you require and your time line.
If you want review of a case involving a franchise disputes, franchise failure, purchase of an existing franchise resale, franchise litigation, franchise arbitration or other work do not provide detailed information in this email – only your best contact information and the words expert work in the Question/Comment area.
For companies that plan to franchise a business and enter the franchise industry, the ingredients for success in these economic times are more than just a Franchise Disclosure Document (FDD), an operations manual, an invoice and a handshake from a franchise attorney or consultant. Training management personnel in franchise industry best practices, how to sell franchises, avoiding legal pitfalls and managing a franchise company is a critical implementation step. Training topics should include adopting the proper franchise organizational structure, franchise marketing, interviewing prospective buyers, documenting sales, effective training and start-up, continuing support and implementing a franchise advisory council. Ongoing advice and consultation, especially during the marketing phase when candidates are interviewed and franchises are sold is equally important. This is where most of the legal risk arises. Doing things properly as well as creating detailed files and business records at the marketing stage is one of the best investments of time your company will ever make. Franchise disputes, franchise lawsuits litigation is very expensive, time consuming and creates bad press. Who needs any of that?
A San Francisco franchise attorney lawyer, MBA coupled with successful franchise ownership experience and twenty years testifying as a franchise expert witness gives a unique insight and sensitivity to these and other issues. By adhering to common sense minimum qualification requirements, firms planning to enter the franchise industry won’t have to hire a separate consultant for writing an operations manual or the costs associated with hiring outside personnel to advise and train existing personnel in best franchise industry practices. Significant savings are achieved as well as the most efficient use of internal resources. What company doesn’t want to save a hundred thousand dollars a year or more?
San Francisco California franchise attorney lawyer, Kevin B. Murphy, Mr. Franchise, is a franchise attorney, MBA, author, instructor and former franchise owner with a 30-year practice devoted exclusively to franchise law. For 20-years he has also been a testifying franchise expert witness in court and arbitration proceedings, giving him vast experience in knowing where the bullets come from in franchise litigation. For 18-years, Mr. Murphy has been an Approved MCLE (Minimum Continuing Legal Education) Provider by the State Bar of California, teaching franchise law, franchising vs. licensing (franchise vs. license), and intellectual property courses to California attorneys. In 2002 -2003 he started, operated and sold a very successful franchise. Mr. Franchise holds degrees in business administration and law from the University of San Francisco and an MBA from San Francisco State University. He is the author of over 50 franchise publications, including 4 books on franchising and one book on trade secrets