Jan
30
kk2 asked:
I am purchasing a salon and I need to hire an attorney. The attorney said he wants $3500 to do the business formation, register the LLC, sales contract, and establish the tax laibilities, etc. He basically said that fee will include everything. He said he would charge about $2000 for services except forming the LLC and registration etc. Please give me some figures based on experience.
Matthew
I am purchasing a salon and I need to hire an attorney. The attorney said he wants $3500 to do the business formation, register the LLC, sales contract, and establish the tax laibilities, etc. He basically said that fee will include everything. He said he would charge about $2000 for services except forming the LLC and registration etc. Please give me some figures based on experience.
Matthew
Jan
27
Immigration Attorneys for K1 Visa
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Reva Cruz asked:
Immigration attorneys for K1 visa can help you and your fiancé through the entire visa application process that could be a long and harrowing experience. It’s clear that heading alone into the world of the K1 visa is not a wise step. The services of immigration attorneys are valuable in this regard. Immigration attorneys offer professional legal assistance and are experienced with many K1, K3 and other visa cases. They have dealt with various applicants, understood unique characteristics of their situation and solved many unexpected issues. They have got the wheels turning for a large number of applicants eager to head to the US for marriage and life with their fiancé. In other words, immigration attorneys know what to expect at every stage.
Petitioners and applicants often end up frustrated, due to unexpected delays or confusing procedures. The tricky interview process at the Embassy or Consulate is the most difficult part. Immigration attorneys begin their involvement by preparing your USCIS petition. Their support continues when the processing reaches the Embassy or Consulate. Your fiancée needs to successfully clear the Embassy or Consular level interview. The attorneys prepare your fiancée for the interview. Their assistance, therefore, continues from the USCIS (where you filed a petition for a K1 visa for your fiancée) to the Embassy. Immigration attorneys for K1 visa help in completing all necessary forms and assist in collecting the various documents your fiancé requires for the Embassy interview.
Immigration attorneys are well versed in all the relevant laws and they keep abreast with whatever changes occur in the K1 process. Their services are precious because they take full responsibility of making sure that you receive approval for your petition as early as possible. This kind of assistance could make all the difference.
It doesn’t matter where your loved one is. Immigration attorneys for K1 visa can assist you in the fiancé visa processing in any country in the world.
Michael
Immigration attorneys for K1 visa can help you and your fiancé through the entire visa application process that could be a long and harrowing experience. It’s clear that heading alone into the world of the K1 visa is not a wise step. The services of immigration attorneys are valuable in this regard. Immigration attorneys offer professional legal assistance and are experienced with many K1, K3 and other visa cases. They have dealt with various applicants, understood unique characteristics of their situation and solved many unexpected issues. They have got the wheels turning for a large number of applicants eager to head to the US for marriage and life with their fiancé. In other words, immigration attorneys know what to expect at every stage.
Petitioners and applicants often end up frustrated, due to unexpected delays or confusing procedures. The tricky interview process at the Embassy or Consulate is the most difficult part. Immigration attorneys begin their involvement by preparing your USCIS petition. Their support continues when the processing reaches the Embassy or Consulate. Your fiancée needs to successfully clear the Embassy or Consular level interview. The attorneys prepare your fiancée for the interview. Their assistance, therefore, continues from the USCIS (where you filed a petition for a K1 visa for your fiancée) to the Embassy. Immigration attorneys for K1 visa help in completing all necessary forms and assist in collecting the various documents your fiancé requires for the Embassy interview.
Immigration attorneys are well versed in all the relevant laws and they keep abreast with whatever changes occur in the K1 process. Their services are precious because they take full responsibility of making sure that you receive approval for your petition as early as possible. This kind of assistance could make all the difference.
It doesn’t matter where your loved one is. Immigration attorneys for K1 visa can assist you in the fiancé visa processing in any country in the world.
Michael
Jan
20
Attorney Marketing Requires Handling Prospective Client “Objections” Part 1
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Henry Harlow asked:
Elder law is probably not your practice area, however, you do have objections from prospective clients and you do need to figure out how to deal with them in a way that maximizes conversion. You know, those things prospective clients say around “money issues” or needing to “think about it” when you finish “your pitch”. I am writing this article on the topic of “objections” to help you think through how you will deal with your prospective client objections regardless of your practice area.
One thing to pay attention to with objections is the “manager’s mantra” in attorney marketing. The mantra is: “If you can’t measure it. You can’t manage it.” Thinking through what you will say when objections occur and scripting out the responses (without memorizing them though) allows you to not be surprised or maybe anxious while having to figure out on the fly how to respond. You need to have a plan in advance with attorney marketing conversion skill sets.
Having a script (your plan) also enables you to test for scripts that are working versus those that are not working as you hone the script to the best it can be in order to maximize the number of times a client says “your hired” (even though you might say the words slightly differently each time you use the script). After all, if you are excellent at attorney marketing in general but poor at conversion skills you will have to work a lot harder. Finally, if you have a lot of unconscious competence in “handling objections” in your practice now, if you put that on paper it becomes valuable attorney marketing intellectual property that becomes an element of what you sell one day when you sell your practice. Also now it can be taught to others in your practice that then can become competent like you.
First let us talk a little about “context” or overall attitude to objections in attorney marketing. In classical selling the term is “overcoming” objections. We don’t want to “overcome” anyone really. The last thing we want to do is back someone into a corner and “overcome” him or her. People don’t like to be pressured and you don’t want to look like a salesman. So don’t approach dealing with objections in attorney marketing from a win/lose, right/wrong, or dominate/be-dominated perspective. This “overcoming” or “pushy” attitude can ruin your relationship and give the prospective client the impression you only care about making the sale instead of caring about them.
The attorney marketing attitude we need is one of not really caring if the person hires you or not. Sort of “Buddha like” in the sense you are not attached to what the client decides, however you are committed to them making a decision that is educated, well facilitated and right for them in their view even if the decision is “no thanks”. Thus no sales pressure ever is allowed in words or in attitude. If you find yourself wanting to convince the person then you are off track with attorney marketing conversion success.
Another key attorney marketing attitude is “permission”. You always need to get permission in attorney marketing from the prospective client if you decide to ask questions or make guesses that might make the client a little uncomfortable. Prospective clients indeed have concerns about moving forward and we want to help them explore those concerns if they give us the permission to do so. If not, then we don’t want to “go there” as they say these days. You certainly don’t want to get into a position where you are chasing the client to get the business either. If they don’t want to go there then let it drop with respect for their position in the matter. Even if it looks misguided to you (more detail on this later). You can’t win them all in attorney marketing for sure.
Well, enough for the context or attitudinal aspects of attorney marketing and lets move on to the draft scripts I made for my current elder care attorney to start his process and give you some food for thought. Note that we are still perfecting these scripts and these were just my initial input designed for him. Here you go:
Money Type Objections:
Note: Your attorney marketing sales script needs to be created as well - sometimes called “the pitch”. If you craft that well, it will minimize the chance for objections or at least “inoculate” the prospective client to any objections that arise later. Thus the objections will be easily handled in a positive way. This article does not address this “sales script” attorney marketing skill set, only the objections skill set.
First response always: I can understand the fee could show up as a concern to you. Few people have unlimited funds who come to our practice with problems like yours. Would it be OK if I talked a little about your concerns around the fee? (Here the attorney marketing principle is “agree, permission and then re-direct”. First do the “agree statement” part and then the “permission question” part. The ” possible re-direct options” comes next and start below.)
Possible re-direct: It is often useful to think of the fee more like an investment. The average cost of a nursing home per month in Florida is between $5,000.00 and $6,000.00. With the price of private pay incidentals, it is not uncommon to see the total monthly bill in excess of $7,000.00 or over $84,000 per year. For the investment of XXXX you will save about $XXXXX. Thinking of it that way the investment in our services is a really a great return?
Possible re-direct: By way of an example. If I were to offer to give you or save you $1,000 that you never would have had without me, would you give me $100? We are in a similar situation here don’t you think? (Pause here for a beat or two for emphasis) At least that is one way to think about it.
Possible re-direct: If this fee is outside of your range, I will refer you to a financial planner - not an attorney - who may be able to accommodate the fee range you are looking for, however, using a financial planner has some distinct disadvantages you probably have read about in the material we gave you earlier. If you have not been able to read it as yet I would be happy to tell you about those disadvantages. If you do decide to go that route you need to be aware of the ways you could be harmed and maybe avoid them. I am not referring you to another attorney because from my research I know my fees are the lowest in the area for this practice area and that has been our firm’s policy by design to be the low cost provider (this one may be better in the “pitch” section than in the objections section - also I don’t recommend one deliberately be the low cost provider in a market but this client was at least currently).
Possible re-direct: In making the decision to do this, is the price you have to pay the only consideration for you? (This will get the focus off of just the price and on to quality and value for the price.)
Possible re-direct: Could the fee seem too high to you or is it that you just don’t have a way to pay the fee right now and are wondering how to raise that kind of money now?
Possible re-direct: I certainly do understand. You don’t go looking for the cheapest price when you need brain surgery and this is not exactly brain surgery. At the same time it is not like you are buying something you can find anywhere like a can of soup either.
Possible re-direct: I certainly do understand. Often people sort of automatically are thinking the price is too high. I do it too. Did you know that even people who sell parachutes to skydivers hear “the cost is too much”? So I understand. I am curious though. Could you tell me more about your concerns around the fee so I can understand better what your concerns are?
Possible re-direct: “your price is too high” - say: You may be right. I am a bit curious though. Do you mind if I ask you a question? If you think our fee is too high, you must be comparing it to something. Do you mind me asking what is it that you are comparing it to? Or “Can you tell me a bit more about what makes you think our fee is too high?”
In Objections Part 2, I will give you the drafts for “I want to think about it.” If you go to my website and sign up for my free 7-part eCourse on Client Development you will find more on the general subject of attorney marketing scripts that includes the area of “objections” in the 6th lesson. You will also find sample scripts for “the pitch” that precedes any objections.
Wilma
Elder law is probably not your practice area, however, you do have objections from prospective clients and you do need to figure out how to deal with them in a way that maximizes conversion. You know, those things prospective clients say around “money issues” or needing to “think about it” when you finish “your pitch”. I am writing this article on the topic of “objections” to help you think through how you will deal with your prospective client objections regardless of your practice area.
One thing to pay attention to with objections is the “manager’s mantra” in attorney marketing. The mantra is: “If you can’t measure it. You can’t manage it.” Thinking through what you will say when objections occur and scripting out the responses (without memorizing them though) allows you to not be surprised or maybe anxious while having to figure out on the fly how to respond. You need to have a plan in advance with attorney marketing conversion skill sets.
Having a script (your plan) also enables you to test for scripts that are working versus those that are not working as you hone the script to the best it can be in order to maximize the number of times a client says “your hired” (even though you might say the words slightly differently each time you use the script). After all, if you are excellent at attorney marketing in general but poor at conversion skills you will have to work a lot harder. Finally, if you have a lot of unconscious competence in “handling objections” in your practice now, if you put that on paper it becomes valuable attorney marketing intellectual property that becomes an element of what you sell one day when you sell your practice. Also now it can be taught to others in your practice that then can become competent like you.
First let us talk a little about “context” or overall attitude to objections in attorney marketing. In classical selling the term is “overcoming” objections. We don’t want to “overcome” anyone really. The last thing we want to do is back someone into a corner and “overcome” him or her. People don’t like to be pressured and you don’t want to look like a salesman. So don’t approach dealing with objections in attorney marketing from a win/lose, right/wrong, or dominate/be-dominated perspective. This “overcoming” or “pushy” attitude can ruin your relationship and give the prospective client the impression you only care about making the sale instead of caring about them.
The attorney marketing attitude we need is one of not really caring if the person hires you or not. Sort of “Buddha like” in the sense you are not attached to what the client decides, however you are committed to them making a decision that is educated, well facilitated and right for them in their view even if the decision is “no thanks”. Thus no sales pressure ever is allowed in words or in attitude. If you find yourself wanting to convince the person then you are off track with attorney marketing conversion success.
Another key attorney marketing attitude is “permission”. You always need to get permission in attorney marketing from the prospective client if you decide to ask questions or make guesses that might make the client a little uncomfortable. Prospective clients indeed have concerns about moving forward and we want to help them explore those concerns if they give us the permission to do so. If not, then we don’t want to “go there” as they say these days. You certainly don’t want to get into a position where you are chasing the client to get the business either. If they don’t want to go there then let it drop with respect for their position in the matter. Even if it looks misguided to you (more detail on this later). You can’t win them all in attorney marketing for sure.
Well, enough for the context or attitudinal aspects of attorney marketing and lets move on to the draft scripts I made for my current elder care attorney to start his process and give you some food for thought. Note that we are still perfecting these scripts and these were just my initial input designed for him. Here you go:
Money Type Objections:
Note: Your attorney marketing sales script needs to be created as well - sometimes called “the pitch”. If you craft that well, it will minimize the chance for objections or at least “inoculate” the prospective client to any objections that arise later. Thus the objections will be easily handled in a positive way. This article does not address this “sales script” attorney marketing skill set, only the objections skill set.
First response always: I can understand the fee could show up as a concern to you. Few people have unlimited funds who come to our practice with problems like yours. Would it be OK if I talked a little about your concerns around the fee? (Here the attorney marketing principle is “agree, permission and then re-direct”. First do the “agree statement” part and then the “permission question” part. The ” possible re-direct options” comes next and start below.)
Possible re-direct: It is often useful to think of the fee more like an investment. The average cost of a nursing home per month in Florida is between $5,000.00 and $6,000.00. With the price of private pay incidentals, it is not uncommon to see the total monthly bill in excess of $7,000.00 or over $84,000 per year. For the investment of XXXX you will save about $XXXXX. Thinking of it that way the investment in our services is a really a great return?
Possible re-direct: By way of an example. If I were to offer to give you or save you $1,000 that you never would have had without me, would you give me $100? We are in a similar situation here don’t you think? (Pause here for a beat or two for emphasis) At least that is one way to think about it.
Possible re-direct: If this fee is outside of your range, I will refer you to a financial planner - not an attorney - who may be able to accommodate the fee range you are looking for, however, using a financial planner has some distinct disadvantages you probably have read about in the material we gave you earlier. If you have not been able to read it as yet I would be happy to tell you about those disadvantages. If you do decide to go that route you need to be aware of the ways you could be harmed and maybe avoid them. I am not referring you to another attorney because from my research I know my fees are the lowest in the area for this practice area and that has been our firm’s policy by design to be the low cost provider (this one may be better in the “pitch” section than in the objections section - also I don’t recommend one deliberately be the low cost provider in a market but this client was at least currently).
Possible re-direct: In making the decision to do this, is the price you have to pay the only consideration for you? (This will get the focus off of just the price and on to quality and value for the price.)
Possible re-direct: Could the fee seem too high to you or is it that you just don’t have a way to pay the fee right now and are wondering how to raise that kind of money now?
Possible re-direct: I certainly do understand. You don’t go looking for the cheapest price when you need brain surgery and this is not exactly brain surgery. At the same time it is not like you are buying something you can find anywhere like a can of soup either.
Possible re-direct: I certainly do understand. Often people sort of automatically are thinking the price is too high. I do it too. Did you know that even people who sell parachutes to skydivers hear “the cost is too much”? So I understand. I am curious though. Could you tell me more about your concerns around the fee so I can understand better what your concerns are?
Possible re-direct: “your price is too high” - say: You may be right. I am a bit curious though. Do you mind if I ask you a question? If you think our fee is too high, you must be comparing it to something. Do you mind me asking what is it that you are comparing it to? Or “Can you tell me a bit more about what makes you think our fee is too high?”
In Objections Part 2, I will give you the drafts for “I want to think about it.” If you go to my website and sign up for my free 7-part eCourse on Client Development you will find more on the general subject of attorney marketing scripts that includes the area of “objections” in the 6th lesson. You will also find sample scripts for “the pitch” that precedes any objections.
Wilma
Jan
18
Should I Hire a Franchise Attorney?
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Samantha McCartney asked:
Deciding to own your own franchise can be a great opportunity and very fulfilling. You will own your own business and have a great chance for success. One of the key contributors of your success will be your franchise contract. If you are new to franchising it can be a little confusing especially since most legal documents are. Your agreement with the franchisor is what will determine the future of your franchise, what you can do, benefits you will receive, and what your franchisor will do for you. Whether you are new to franchising or not it may be beneficial to hire a qualified franchise attorney to help you.
A qualified franchise attorney’s help people through the franchise process whether it be a well known franchise or a start up franchise. They deal with the area of law revolving around the right or license that is granted to an individual or group to market a company’s goods or services in a particular territory under the company’s trademark, trade name, or service mark. These are things you could encounter during the beginning of your franchise career or throughout it. With so many laws it is hard for an individual to know it all, unless they specialize in it as franchise attorney’s do.
Your franchisor may offer suggestions for a franchise attorney or where to start, or you may choose to look for one on your own. Either way is acceptable. It is important that you select a qualified franchise attorney for you regardless of how you find them. Some things to consider are followed. You want an attorney that specializes in franchise law. If not they will not be the best suit for what you need. You will also want to find a franchise attorney that has experience. This is a big investment and decision; it is not something you want to chance with an upcoming franchise attorney. You need someone who knows as much as possible and has been practicing for a while. It is advised that you find a franchise attorney that has a concrete knowledge of your states laws for franchising. Ever state has their own laws so it is important that they know what your state’s rules are. Also finding a franchise attorney that is an active member of the American Bar Association Forum on Franchising will be something to show they have accreditation and are active with current franchising laws.
You will want someone who knows the laws of franchising as you begin and carry on as a franchisee. They can help you through legal issues that may arise. They can also provide legal council to you as you make decisions for the future of your franchise and you as a franchisee. They may be able to keep you from making costly mistakes either in your initial contract agreement or in maintaining your agreement with the franchisor. Also they may be able to guide you through the correct steps to take if your franchisor is not following their contract agreement with you.
Hiring a qualified franchise attorney is a great decision to make for your franchise and you!
Anita
Deciding to own your own franchise can be a great opportunity and very fulfilling. You will own your own business and have a great chance for success. One of the key contributors of your success will be your franchise contract. If you are new to franchising it can be a little confusing especially since most legal documents are. Your agreement with the franchisor is what will determine the future of your franchise, what you can do, benefits you will receive, and what your franchisor will do for you. Whether you are new to franchising or not it may be beneficial to hire a qualified franchise attorney to help you.
A qualified franchise attorney’s help people through the franchise process whether it be a well known franchise or a start up franchise. They deal with the area of law revolving around the right or license that is granted to an individual or group to market a company’s goods or services in a particular territory under the company’s trademark, trade name, or service mark. These are things you could encounter during the beginning of your franchise career or throughout it. With so many laws it is hard for an individual to know it all, unless they specialize in it as franchise attorney’s do.
Your franchisor may offer suggestions for a franchise attorney or where to start, or you may choose to look for one on your own. Either way is acceptable. It is important that you select a qualified franchise attorney for you regardless of how you find them. Some things to consider are followed. You want an attorney that specializes in franchise law. If not they will not be the best suit for what you need. You will also want to find a franchise attorney that has experience. This is a big investment and decision; it is not something you want to chance with an upcoming franchise attorney. You need someone who knows as much as possible and has been practicing for a while. It is advised that you find a franchise attorney that has a concrete knowledge of your states laws for franchising. Ever state has their own laws so it is important that they know what your state’s rules are. Also finding a franchise attorney that is an active member of the American Bar Association Forum on Franchising will be something to show they have accreditation and are active with current franchising laws.
You will want someone who knows the laws of franchising as you begin and carry on as a franchisee. They can help you through legal issues that may arise. They can also provide legal council to you as you make decisions for the future of your franchise and you as a franchisee. They may be able to keep you from making costly mistakes either in your initial contract agreement or in maintaining your agreement with the franchisor. Also they may be able to guide you through the correct steps to take if your franchisor is not following their contract agreement with you.
Hiring a qualified franchise attorney is a great decision to make for your franchise and you!
Anita
Jan
17
How To Become An Attorney
Filed Under legal | Comments Off
Chris Chew asked:
So you want to study for a law degree take up a career as an attorney. Many people have misconceptions on what the legal profession is all about. Contrary to what you watch on TV and movies or from newspaper reports, attorneys do most of their work in offices and legal libraries instead of just socking out exciting legal cases in courtrooms. They meet clients in homes, offices, hospitals or even in prisons. So the career of a lawyer may not be as glamorous as what is commonly being portrayed or thought to be.
Attorneys in private practices usually work long and irregular hours while conducting research, meeting and entertaining clients, or preparing legal papers during non-office hours. It is a fact that most successful attorneys often work long grueling hours and this is one of the most common reasons why many lawyers continue to drop out of the legal profession and embark other careers. They may face particularly heavy pressure when a case is being brought up for trial and they must be continuously educated on the latest laws, conventions and judicial decisions.
Although a attorney’s work usually is non seasonal, there are exceptions such as for the tax lawyers and other law specialists.
Newly hired attorneys usually start as law associates and work with more senior and experienced lawyers. After several years of gaining experience and responsibilities, some attorneys are admitted to partnership in law firms or they may set up their own law firms.
As attorneys get more experienced and reputable, they may be nominated and appointed as magistrates and judges. Others may opt for a career in the academia becoming legal lecturers and educators. Some attorneys also work in large corporations and become legal advisors under employment.
It was reported that attorneys in USA held about 730,000 jobs in 2004. About 3 out of 4 attorneys practiced privately, either as partners of law firms or in their own solo practices. Most salaried lawyers held positions in the government civil service or with big corporations.
Government attorneys many different government agencies, especially so in the departments of justice, treasury, and defense. Many salaried attorneyss are also employed as house counsel by public utilities, banks, insurance companies, real estate agencies and other commercial businesses.
Employment of attorneys is expected to grow as a result population and economic growth. There is also an increasing demand for lawyers and attorneys in health care, intellectual property, venture capital, antitrust and environmental legal issues. However, competition for lawyers though is expected to be fierce because of the large number of law graduates graduating from universities, colleges and law schools every year.
Therefore, if you want to have a career as an attorney, do not think of the legal profession as a glamorous one. Being a successful legal eagle requires a lot of hard work and skills, just like in any other noble profession.
Catherine
So you want to study for a law degree take up a career as an attorney. Many people have misconceptions on what the legal profession is all about. Contrary to what you watch on TV and movies or from newspaper reports, attorneys do most of their work in offices and legal libraries instead of just socking out exciting legal cases in courtrooms. They meet clients in homes, offices, hospitals or even in prisons. So the career of a lawyer may not be as glamorous as what is commonly being portrayed or thought to be.
Attorneys in private practices usually work long and irregular hours while conducting research, meeting and entertaining clients, or preparing legal papers during non-office hours. It is a fact that most successful attorneys often work long grueling hours and this is one of the most common reasons why many lawyers continue to drop out of the legal profession and embark other careers. They may face particularly heavy pressure when a case is being brought up for trial and they must be continuously educated on the latest laws, conventions and judicial decisions.
Although a attorney’s work usually is non seasonal, there are exceptions such as for the tax lawyers and other law specialists.
Newly hired attorneys usually start as law associates and work with more senior and experienced lawyers. After several years of gaining experience and responsibilities, some attorneys are admitted to partnership in law firms or they may set up their own law firms.
As attorneys get more experienced and reputable, they may be nominated and appointed as magistrates and judges. Others may opt for a career in the academia becoming legal lecturers and educators. Some attorneys also work in large corporations and become legal advisors under employment.
It was reported that attorneys in USA held about 730,000 jobs in 2004. About 3 out of 4 attorneys practiced privately, either as partners of law firms or in their own solo practices. Most salaried lawyers held positions in the government civil service or with big corporations.
Government attorneys many different government agencies, especially so in the departments of justice, treasury, and defense. Many salaried attorneyss are also employed as house counsel by public utilities, banks, insurance companies, real estate agencies and other commercial businesses.
Employment of attorneys is expected to grow as a result population and economic growth. There is also an increasing demand for lawyers and attorneys in health care, intellectual property, venture capital, antitrust and environmental legal issues. However, competition for lawyers though is expected to be fierce because of the large number of law graduates graduating from universities, colleges and law schools every year.
Therefore, if you want to have a career as an attorney, do not think of the legal profession as a glamorous one. Being a successful legal eagle requires a lot of hard work and skills, just like in any other noble profession.
Catherine
Jan
15
Franchise Attorneys and Franchise Consultants: Critical Evaluation Questions to Ask
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Kevin B. Murphy, Franchise Attorney, MBA - Mr. Franchise asked:
Evaluating franchise attorneys and evaluating franchise consultants can seem a daunting task. But the firm a company selects to assist its entry into franchising, refine existing franchise efforts or make franchise opportunity investment decisions will have profound consequences. While asking for a list of references is one approach (and when is anyone ever dumb enough to provide a bad reference?) there are more objective criteria that are not dependent on selectively disseminated information.
By addressing the nine Franchise Questions, topics and subcategories of information discussed below, you will eliminate virtually 95% of the individuals or firms you are considering. Then efforts can concentrate on evaluating the 5% cream of the crop (especially franchise attorneys) that truly merit consideration:
A. FRANCHISE EXPERT:
The #1 factor in evaluating so-called expertise - are the principals really franchise experts? There are objective criteria to determine this:
(1) Have they qualified and been allowed to testify as a franchise expert in court and arbitration proceedings? Being involved as a franchise expert in the franchise litigation process gives a sensitivity and radar for detecting and avoiding future franchise problems.
(2) How many books on franchising have been written by the principals?
(3) How many franchise articles have been published in journals or magazines?
(4) What is their franchise-related teaching experience? (see topics E and F below)
(5) What is their depth of experience in the franchise industry? (see next topic below)
B. EXPERIENCE IN THE FRANCHISE INDUSTRY:
(1) Length of time the firm has operated exclusively in the franchise industry?
(2) Experience on both sides of the franchise fence - working with franchise companies (franchisors) as well as with individual investors (franchisees) who have purchased a franchise?
(3) Past experience principals have owning and operating a franchised business? This factor is absolutely critical. If the principals have owned and operated a franchise, they bring a unique perspective and radar for avoiding future franchise relationship problems from disgruntled franchise owners.
C. COMPREHENSIVE TRAINING & ONGOING SERVICES; CONTROL SYSTEMS:
(1) Can (and will) the firm train your personnel to operate and manage your new franchise company? Remember, you’re entering an entirely different business, one requiring new skills and abilities. If this topic is not addressed in detail, you might as well earmark the franchise fees received when you sell franchises for a future franchise litigation war chest;
(2) Will the firm help you review and update operational (franchise operations manual) and legal documentation (franchise offering circular) on an ongoing basis?
(3) Has the firm developed, and will they help you put into place, franchise marketing, sales control and legal compliance programs during the critical implementation (start-up) phase of your franchise program?
The existence of these programs is essential to ensure only the cream of franchise applicants are allowed to enter the network, and to create a series of documented files should a dispute arise in the future. Most of the legal risk in franchising occurs during the franchise marketing cycle when franchises are sold. If your company’s done a good job here with these programs, then you’ve eliminated most of the risk.
D. LEGAL: FRANCHISE ATTORNEY
(1) Is the law practice devoted exclusively to franchise law?
(2) Total number of franchise disclosure documents (formerly called franchise offering circulars) drafted and reviewed?
(3) Experience filing franchise registrations and working with state examiners in all 14-plus franchise registration states?
(4) Experience represeting franchise companies as well as persons buying a franchise? Knowing both sides of the fence is a tremendous asset.
E. ACADEMIC: UNIVERSITY & COLLEGE
Experience teaching franchise courses at graduate and undergraduate university levels?
F. ACADEMIC: PROFESSIONAL
Experience teaching franchise courses to franchise attorneys and general practice attorneys?
G. BLEND OF BUSINESS & LEGAL SKILLS:
Specialist franchise attorneys and law firms produce tight legal agreements (sometimes overly so leading to future franchise relationship problems) and usually adequate franchise offering circulars. Setting aside the overly tight contract issue, the problem is most franchise attorneys - franchise lawyers are not capable of making sound, strategic business decisions and providing practical, ongoing advice. Some franchise consultants, on the other hand, have good business sense, but lack the requisite legal skills. Questions:
(1) Does the firm have the proper blend of business savvy and in-house franchise legal expertise? It’s always a big plus if the franchise attorney also has an MBA. You can do a Google search with these twin attributes (franchise attorney MBA) and narrow the field considerably.
(2) Can the firm produce good legal documentation (franchise disclosure documents) and help you edit (or create) consistent operational documents (such as the franchise operations manual, training program, etc.) If your franchise agreement says “x” but your franchise operations manual or advertising materials say “y” about the same issue, be prepared to pay hefty franchise litigation fees and deal with franchise litigation attorneys in the future.
(3)Can the firm provide competent and practical ongoing advice in critical areas like effective franchise marketing, media decisions, interviewing franchise buyers, adopting the best franchise organizational structure, implementing a franchise advisory council, etc? Mistakes made in these areas can easily cost the franchise company tens, if not hundreds of thousands of dollars.
H. CONTRACT FAIRNESS:
Does the firm give you an option of choosing between:
(a) an hourly rate and
(b) a flat contract amount, where you don’t have to worry about accumulated hours and an unknown total amount?
I. RED FLAGS - BEWARE OF ANY OF THE FOLLOWING:
• Combination teams where one entity does one part of the project and another the other part. For example, a consulting firm does planning, and operational documentation, while an attorney “they know very well” writes the legal documentation.
• Or, a variant of the above, the company in the “fine print” of its contract, requires your attorney (who you obviously have to pay) to review and approve everything they do because the company (it says) is not rendering legal advice. Actually, by providing documents that affect legal rights, they are rendering legal advice, but in an illegal manner. It’s called the unauthorized practice of law. You end up paying two attorneys - yours and theirs. Besides the expense, it sets you up for future franchise problems. Their attorney represents who? The franchise packaging group, of course, and definitely not you. He or she is typically a recent law school graduate who hasn’t figured out what they’re doing is illegal and could cause them to lose their license to practice law. Besides that, they represent the franchise consulting group, whose interest is to churn as many franchise packages per year as possible. You end up with a bad franchise disclosure document and sloppy franchise operations manuals. To save time, the franchise agreement gets watered down so it’s easier to push through some franchise registration states. Some of the “t’s” may be crossed and some of the “i’s” dotted, but not most of them. The end product are documents that set you up for future franchise litigation difficulties.
• Firms that advise you to franchise your business, and they’ve never seen your business! You’d be surprised how often this happens.
• Firms that say they’ll write your franchise operations manual for you. How someone, who knows absolutely nothing about your business, could ever come close to anything but a mediocre product at best, is a frightening thought. The use of boilerplate manuals produced by consulting groups is yet another future litigation time bomb. You are the true expert in your business. With competent guidance and editing, you’ll be able to produce a professional and workable operations manuals, if you don’t have these already.
• Pricing quotes that seem exceedingly high or low (especially “do-it-yourself” franchise kits).
• If you are buying a franchise, BEWARE of any attorney recommended by the franchise company. Even worse, beware of franchise companies who say you don’t need to use an attorney. There are a couple of these online.
• Firms (or individuals) that have EVER been sued for fraud, misrepresentation, the unauthorized practice of law or violating any franchise law. DON’T FORGET TO ASK THIS CRITICAL QUESTION!!
©1990-2008, Kevin B. Murphy, B.S., M.B.A., J.D. - all rights reserved
For more informaton, consult the Franchise Foundations website.
David
Evaluating franchise attorneys and evaluating franchise consultants can seem a daunting task. But the firm a company selects to assist its entry into franchising, refine existing franchise efforts or make franchise opportunity investment decisions will have profound consequences. While asking for a list of references is one approach (and when is anyone ever dumb enough to provide a bad reference?) there are more objective criteria that are not dependent on selectively disseminated information.
By addressing the nine Franchise Questions, topics and subcategories of information discussed below, you will eliminate virtually 95% of the individuals or firms you are considering. Then efforts can concentrate on evaluating the 5% cream of the crop (especially franchise attorneys) that truly merit consideration:
A. FRANCHISE EXPERT:
The #1 factor in evaluating so-called expertise - are the principals really franchise experts? There are objective criteria to determine this:
(1) Have they qualified and been allowed to testify as a franchise expert in court and arbitration proceedings? Being involved as a franchise expert in the franchise litigation process gives a sensitivity and radar for detecting and avoiding future franchise problems.
(2) How many books on franchising have been written by the principals?
(3) How many franchise articles have been published in journals or magazines?
(4) What is their franchise-related teaching experience? (see topics E and F below)
(5) What is their depth of experience in the franchise industry? (see next topic below)
B. EXPERIENCE IN THE FRANCHISE INDUSTRY:
(1) Length of time the firm has operated exclusively in the franchise industry?
(2) Experience on both sides of the franchise fence - working with franchise companies (franchisors) as well as with individual investors (franchisees) who have purchased a franchise?
(3) Past experience principals have owning and operating a franchised business? This factor is absolutely critical. If the principals have owned and operated a franchise, they bring a unique perspective and radar for avoiding future franchise relationship problems from disgruntled franchise owners.
C. COMPREHENSIVE TRAINING & ONGOING SERVICES; CONTROL SYSTEMS:
(1) Can (and will) the firm train your personnel to operate and manage your new franchise company? Remember, you’re entering an entirely different business, one requiring new skills and abilities. If this topic is not addressed in detail, you might as well earmark the franchise fees received when you sell franchises for a future franchise litigation war chest;
(2) Will the firm help you review and update operational (franchise operations manual) and legal documentation (franchise offering circular) on an ongoing basis?
(3) Has the firm developed, and will they help you put into place, franchise marketing, sales control and legal compliance programs during the critical implementation (start-up) phase of your franchise program?
The existence of these programs is essential to ensure only the cream of franchise applicants are allowed to enter the network, and to create a series of documented files should a dispute arise in the future. Most of the legal risk in franchising occurs during the franchise marketing cycle when franchises are sold. If your company’s done a good job here with these programs, then you’ve eliminated most of the risk.
D. LEGAL: FRANCHISE ATTORNEY
(1) Is the law practice devoted exclusively to franchise law?
(2) Total number of franchise disclosure documents (formerly called franchise offering circulars) drafted and reviewed?
(3) Experience filing franchise registrations and working with state examiners in all 14-plus franchise registration states?
(4) Experience represeting franchise companies as well as persons buying a franchise? Knowing both sides of the fence is a tremendous asset.
E. ACADEMIC: UNIVERSITY & COLLEGE
Experience teaching franchise courses at graduate and undergraduate university levels?
F. ACADEMIC: PROFESSIONAL
Experience teaching franchise courses to franchise attorneys and general practice attorneys?
G. BLEND OF BUSINESS & LEGAL SKILLS:
Specialist franchise attorneys and law firms produce tight legal agreements (sometimes overly so leading to future franchise relationship problems) and usually adequate franchise offering circulars. Setting aside the overly tight contract issue, the problem is most franchise attorneys - franchise lawyers are not capable of making sound, strategic business decisions and providing practical, ongoing advice. Some franchise consultants, on the other hand, have good business sense, but lack the requisite legal skills. Questions:
(1) Does the firm have the proper blend of business savvy and in-house franchise legal expertise? It’s always a big plus if the franchise attorney also has an MBA. You can do a Google search with these twin attributes (franchise attorney MBA) and narrow the field considerably.
(2) Can the firm produce good legal documentation (franchise disclosure documents) and help you edit (or create) consistent operational documents (such as the franchise operations manual, training program, etc.) If your franchise agreement says “x” but your franchise operations manual or advertising materials say “y” about the same issue, be prepared to pay hefty franchise litigation fees and deal with franchise litigation attorneys in the future.
(3)Can the firm provide competent and practical ongoing advice in critical areas like effective franchise marketing, media decisions, interviewing franchise buyers, adopting the best franchise organizational structure, implementing a franchise advisory council, etc? Mistakes made in these areas can easily cost the franchise company tens, if not hundreds of thousands of dollars.
H. CONTRACT FAIRNESS:
Does the firm give you an option of choosing between:
(a) an hourly rate and
(b) a flat contract amount, where you don’t have to worry about accumulated hours and an unknown total amount?
I. RED FLAGS - BEWARE OF ANY OF THE FOLLOWING:
• Combination teams where one entity does one part of the project and another the other part. For example, a consulting firm does planning, and operational documentation, while an attorney “they know very well” writes the legal documentation.
• Or, a variant of the above, the company in the “fine print” of its contract, requires your attorney (who you obviously have to pay) to review and approve everything they do because the company (it says) is not rendering legal advice. Actually, by providing documents that affect legal rights, they are rendering legal advice, but in an illegal manner. It’s called the unauthorized practice of law. You end up paying two attorneys - yours and theirs. Besides the expense, it sets you up for future franchise problems. Their attorney represents who? The franchise packaging group, of course, and definitely not you. He or she is typically a recent law school graduate who hasn’t figured out what they’re doing is illegal and could cause them to lose their license to practice law. Besides that, they represent the franchise consulting group, whose interest is to churn as many franchise packages per year as possible. You end up with a bad franchise disclosure document and sloppy franchise operations manuals. To save time, the franchise agreement gets watered down so it’s easier to push through some franchise registration states. Some of the “t’s” may be crossed and some of the “i’s” dotted, but not most of them. The end product are documents that set you up for future franchise litigation difficulties.
• Firms that advise you to franchise your business, and they’ve never seen your business! You’d be surprised how often this happens.
• Firms that say they’ll write your franchise operations manual for you. How someone, who knows absolutely nothing about your business, could ever come close to anything but a mediocre product at best, is a frightening thought. The use of boilerplate manuals produced by consulting groups is yet another future litigation time bomb. You are the true expert in your business. With competent guidance and editing, you’ll be able to produce a professional and workable operations manuals, if you don’t have these already.
• Pricing quotes that seem exceedingly high or low (especially “do-it-yourself” franchise kits).
• If you are buying a franchise, BEWARE of any attorney recommended by the franchise company. Even worse, beware of franchise companies who say you don’t need to use an attorney. There are a couple of these online.
• Firms (or individuals) that have EVER been sued for fraud, misrepresentation, the unauthorized practice of law or violating any franchise law. DON’T FORGET TO ASK THIS CRITICAL QUESTION!!
©1990-2008, Kevin B. Murphy, B.S., M.B.A., J.D. - all rights reserved
For more informaton, consult the Franchise Foundations website.
David
Jan
13
lalaland asked:
I am going into my third year as an undergrad student, and I’ll be graduating with a degree in biology. I’m weighing out my options for grad school, and I’m considering law. The only thing is, I wouldn’t want to work for a private practice because career wise that’s not where I would see myself. I’d like to apply my knowledge of the sciences as an attorney. Is it possible to do this anywhere?
Shannon
I am going into my third year as an undergrad student, and I’ll be graduating with a degree in biology. I’m weighing out my options for grad school, and I’m considering law. The only thing is, I wouldn’t want to work for a private practice because career wise that’s not where I would see myself. I’d like to apply my knowledge of the sciences as an attorney. Is it possible to do this anywhere?
Shannon
Jan
8
Buying a Franchise - Evaluating Franchise Investments and Franchise Disclosure Documents - Tips From a Franchise Expert and Franchise Attorney
Filed Under legal | Comments Off
Jan
7
How do I make sure my attorney is doing the right things regarding my case?
Filed Under legal | 4 Comments
bigtimdeb asked:
After winning my personal injury case in court, I waited a year for the attorney to tell me there is no money. How can I check and see if all this is true? The defendents went bankrupt.
Danny
After winning my personal injury case in court, I waited a year for the attorney to tell me there is no money. How can I check and see if all this is true? The defendents went bankrupt.
Danny
Jan
1
Attorney Marketing - The 6 Essential Traits You Need For Success
Filed Under legal | Comments Off
Henry Harlow asked:
Attorney marketing is necessary for success at every law firm and becoming more necessary every day. Unfortunately, many attorneys feel that they do not have the traits, expertise or experience in lawyer marketing to launch a successful campaign. You may have felt overwhelmed by attorney marketing in the past or even now. Or maybe you think that you need some sort of extraordinary people skills, imagination and/or outstanding copywriting skills to be great at lawyer marketing for your firm. Well, the good news is that you are wrong.
There are essentially six traits that you must have to be a good at attorney marketing, and I think they will surprise you. The fact is that most marketing takes place with some tried and true methods over a period of time, rather than in stunning bursts of specialized skills all at once. Lawyer marketing is not an exact science, but it does require some initial ingredients to work well. So if you have the following traits or believe you can cultivate them, you are well on your way to becoming a great attorney marketing asset to your firm:
* People Person. Have at least a low average interest in people rather than things. If you are a lawyer, you probably have at least a cursory interest in people. People “buy” people first then products and services. Prospects convert out of relationship and referral sources refer out of relationship first and all other reasons second.
* Patience. Remember that most events in lawyer marketing happen over an extended period of time. Tested methods of attorney marketing usually require consistent, persistent and well-targeted action over time to get the desired results. You may think that you will launch a new campaign and get people beating down your door right away. And while this may happen occasionally, if you don’t have the patience to wait for the real long-term results of your attorney marketing efforts, you will become frustrated and quit before you see the benefits of your labor.
* Imagination. Now, most people think they are not creative. Or if they think of themselves as creative, they limit their abilities by placing them in certain categories. You might be a great poet but not a great artist. Or you might be good with words but have no idea how to arrange images in an advertisement. What you may forget is that everyone has some sort of imagination. The point isn’t to come up with fantastic attorney marketing ideas that no one else has ever thought of, but instead to put yourself in your client’s and referral source’s shoes and see what you can do to satisfy their needs. That is the type of imagination you need.
* Confidence. You need to be somewhat strong-willed when other people approach you about your attorney marketing ideas. You will certainly have critics; it happens to even the best marketers. So you need to be able to stand your ground and defend your decisions and stay the course until the data tells you otherwise.
* Generosity. Having a “what goes around comes around” attitude toward lawyer marketing. Remember that what you give out in this world often will come back to you. When I give you something free or something that is added on to a service that you paid for, you are more likely to see me as someone on your side and come back to me in the future. You are more likely to make a profit if you are willing to give something away first.
* Aggression. No, I don’t mean a good right hook. What I mean by aggression is the quality of a willingness to compete. You can out-market your competition. Notice I did not say out spend your competition. If you are not willing to get out there and compete for the clients and referral sources that you want and deserve, you might as well not do attorney marketing focusing instead on being a legal technician.
With these six qualities, the right information, and implementing that information attorney marketing becomes a breeze that will bring good clients in on a consistent basis and you will prosper. If you are missing one or two traits all is not lost. You can design a lawyer marketing plan that will work for you and over time you can develop the missing traits. So success is in reach for everyone is the good news.
Antonio
Attorney marketing is necessary for success at every law firm and becoming more necessary every day. Unfortunately, many attorneys feel that they do not have the traits, expertise or experience in lawyer marketing to launch a successful campaign. You may have felt overwhelmed by attorney marketing in the past or even now. Or maybe you think that you need some sort of extraordinary people skills, imagination and/or outstanding copywriting skills to be great at lawyer marketing for your firm. Well, the good news is that you are wrong.
There are essentially six traits that you must have to be a good at attorney marketing, and I think they will surprise you. The fact is that most marketing takes place with some tried and true methods over a period of time, rather than in stunning bursts of specialized skills all at once. Lawyer marketing is not an exact science, but it does require some initial ingredients to work well. So if you have the following traits or believe you can cultivate them, you are well on your way to becoming a great attorney marketing asset to your firm:
* People Person. Have at least a low average interest in people rather than things. If you are a lawyer, you probably have at least a cursory interest in people. People “buy” people first then products and services. Prospects convert out of relationship and referral sources refer out of relationship first and all other reasons second.
* Patience. Remember that most events in lawyer marketing happen over an extended period of time. Tested methods of attorney marketing usually require consistent, persistent and well-targeted action over time to get the desired results. You may think that you will launch a new campaign and get people beating down your door right away. And while this may happen occasionally, if you don’t have the patience to wait for the real long-term results of your attorney marketing efforts, you will become frustrated and quit before you see the benefits of your labor.
* Imagination. Now, most people think they are not creative. Or if they think of themselves as creative, they limit their abilities by placing them in certain categories. You might be a great poet but not a great artist. Or you might be good with words but have no idea how to arrange images in an advertisement. What you may forget is that everyone has some sort of imagination. The point isn’t to come up with fantastic attorney marketing ideas that no one else has ever thought of, but instead to put yourself in your client’s and referral source’s shoes and see what you can do to satisfy their needs. That is the type of imagination you need.
* Confidence. You need to be somewhat strong-willed when other people approach you about your attorney marketing ideas. You will certainly have critics; it happens to even the best marketers. So you need to be able to stand your ground and defend your decisions and stay the course until the data tells you otherwise.
* Generosity. Having a “what goes around comes around” attitude toward lawyer marketing. Remember that what you give out in this world often will come back to you. When I give you something free or something that is added on to a service that you paid for, you are more likely to see me as someone on your side and come back to me in the future. You are more likely to make a profit if you are willing to give something away first.
* Aggression. No, I don’t mean a good right hook. What I mean by aggression is the quality of a willingness to compete. You can out-market your competition. Notice I did not say out spend your competition. If you are not willing to get out there and compete for the clients and referral sources that you want and deserve, you might as well not do attorney marketing focusing instead on being a legal technician.
With these six qualities, the right information, and implementing that information attorney marketing becomes a breeze that will bring good clients in on a consistent basis and you will prosper. If you are missing one or two traits all is not lost. You can design a lawyer marketing plan that will work for you and over time you can develop the missing traits. So success is in reach for everyone is the good news.
Antonio
