How many franchise lawyers have I met during my franchise career? Answer: Well over a thousand, perhaps two thousand. How many of those entered law school wanting to be a franchise lawyer when they graduated? To my knowledge, one. He is an exception because he worked in the department that regulates franchise law in the State of Maryland before making the plunge into legal academics. Thus, he was no stranger to franchising, as is normally the case.
Franchise law might be symbolized by the proverbial red-headed stepchild: There is something that seems different about it, but nobody is exactly sure why. This viewpoint is exemplified by the various groups in which law firms place their franchise “departments” in their organizational structure. In some firms, franchising is housed in the corporate or business section of the firm, likely reflecting the fact that the practice of franchise law in those firms consists primarily of drafting agreements and disclosure documents, and the purchase and sale of franchises and franchise systems. In other firms, their practices focus on contentious matters; thus their franchise practice is lumped into the litigation department.
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