lawyers can represent franchisees as long as the attorney either does research adequately and/or seek outside counsel who specializes in franchise law with permission of the client.
Attorneys should educate themselves and obtain information from books, the internet, and professionals. Indeed people pay lawyers to think for them, but attorneys should encourage their clients to read up on every aspect of their particular business endeavor and the business world in general. Attorneys may have a situation where the client does not have good business sense, but nonetheless wants to go into a business to make money. It is the attorney's ethical obligation to inform them that as counsel it is not your responsibility to invent a billionaire business scheme for them.
In the legal profession clients want attorneys to think of everything. It is the attorney's responsibility to ask questions that will illicit what is needed to advise the clients appropriately. Oftentimes clients come to attorneys with a dollar and a dream, especially if this is their first franchise endeavor. It is not the attorney's job to develop the dream and turn it into a reality. If an attorney, however, has a business degree or business background they should explain relevant factors so that the client can make an informed decision. Moreover, it is not the attorney's job to make business decisions for the client. The attorney's job is to advise the potential franchisee of their potential risks. The client has to be the one to decide which risks to assume.
When it comes to the initial interview with the client it is important to make sure the client understands the franchise concept. Let the client explain the concept to you to make sure the client understands the process. The franchisor has complied with the federal and state requirements. According to a legal scholar, Michael Garlick, "there are several areas that warrant special attention:...