Many times franchisee consultants or brokers are concerned to recommend that their candidates have an attorney review of the franchise documents. I would strongly recommend otherwise. An attorney review not only is critical to a prospective franchisee, but it is also very important to protect the consultant or broker.
By recommending that a candidate have the franchise documents reviewed by an experienced franchisee attorney like me or my firm, a franchise consultant or broker is protecting him or herself from potential liability if the franchise he or she recommended is not successful or otherwise does not work out for the franchisee. By just sending an introductory email introducing me to the candidate, the franchisee consultant or broker has avoided being the last person to “touch” the franchise that the candidate or prospective franchisee considers. This means that a disgruntled franchisee will not blame the consultant or broker, or if he or she does, then the consultant or broker can always say that he/she recommended that the candidate retain an attorney.
Lastly, it is important as part of the validation of the franchise that a candidate/prospective franchisee, understand the franchise disclosures and the franchise agreement (contract) in which he or she is investing. This makes for a much more successful franchisee, one that is much more likely to recommend the consultant or broker to others, which will provide future business to the consultant or broker.
Our firm has attorneys who focus their practice on reviewing franchise documents for prospective franchisees and even one attorney who does that 100% of her practice of law.