Smithfield Crossing Law Blog

Choosing an attorney, no matter what it is for, is a very involved process. This is especially true when you need a Chicago civil rights attorney. Your civil rights – anyone’s civil rights – are extremely important issues. You want to make sure that you find someone who will represent you with integrity, dignity, and knowledge of both those rights and the laws which apply to them.

You’re quite lucky if you live in Chicago, or close enough to the city that you can easily travel there, as there are many civil rights attorneys you can choose from there. Chicago is, after all, a city which stands as a front-runner for civil rights.

One of the best places you can begin your hunt for a civil rights lawyer is on the Internet. By simply typing in Chicago civil rights attorney you will come up with a large selection of sites listing legal practices which handle civil rights cases.

You can also talk to the people you know. Family members, friends, colleagues, and even simple acquaintances: if any of them have had to make use of a Chicago civil rights lawyer, or know someone who has, they may be able to make recommendations. That way, you have firsthand knowledge of how a potential lawyer performs.

You need to get together a list of possible candidates. Then, you need to talk to those potential lawyers. You want to detail your case to see if they can handle it. You also want to see how to two of you seem to get along.

What is perhaps the most important item to consider is the lawyer’s credentials. You’ll want to ask a few questions to get a good idea about their level of experience, as well as their success rate, and maybe even their educational background. Ask to see a portfolio of past cases whose circumstance resembles that of your own. Pay attention to the win/lose ratio to get a good feel of where your case might lead.

For more information about Chicago civil rights lawyers, you can look online or visit your local library.

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.

First law job offer: Things to Consider

Final year at the law college is the best time to prepare for a placement in the law firm that you have always looked up to. Once the graduation is complete and you are out looking for an opportunity to prove your talent, you need to take some factors into consideration which will help you survive in the organization and find satisfaction in your job in the long run.

It is easy for a law student with good educational background and grades in school to go through the interviews. A. Harrison Barnes, CEO of Lawcrossing.com suggests that second year results at the law school are particularly emphasized by an employer. Internships give you practical knowledge in addition to the educational background and can be an added advantage. This not only helps the interns to come in touch with the global platform in this age of globalization, but also helps them in networking. The more the professional contacts, more are the intern’s chances of getting into a law job. After all, in this competitive market, experienced lawyers are always preferred over the first timers by the employer.

The fact is that about 80% of the jobs in the markets are never advertised. The interns during their internship can come in contact with the professionals, collect info about the latest job openings and expand their business contacts. The organizational, communication and analytical skills are improved says A. Harrison Barnes. The recruiters while employing mainly looks for one’s verbal and written communicative skills, organizational behaviors, leadership qualities, and interpersonal skills. The internships help the law student to sharpen their skills and abilities.

The law students, who are pursuing their career in law, must ensure that they have a well written resume and cover letter. You can seek help from the professionals of Legal Authority, who help you to create professional cover letters and resume says A. Harrison Barnes. Make sure that your resume contains all the relevant data and information. Do not forget to mention, if you have undergone any special training programs related to legal activities. Your participation in the extracurricular activities and other certificates may enhance your chances. The law students who have engaged themselves in social activities are always preferred by the recruiters. It shows that the students are interested to further social cause and deduce measures for bringing about betterment in the society.

Make the cover letter precise and to the point. Your cover letter should include the reasons why you want a legal career. You can go through the requirements of the recruiter and create your cover letter likewise. You should be sounding confident and not arrogant says A. Harrison Barnes. You can also attach an application letter.” You can state specific examples of your various skills and experiences if you have, as this will increase your chances in the job market to a considerable degree.

Do not we weary of rejections; instead go on trying till you get yourself a suitable law job. Your persistency will definitely find you something. The process of interview can be both exhausting and exciting says A. Harrison Barnes. Before accepting a law job, make sure that none of your questions go unanswered.  It is important that your ideal job should help you strike a work-life balance. If the job does not give you long term promises, it’s time to look for a better opportunity. The annual salary is definitely something to be considered. The extra pay will, most of the times, mean extra work with extra efforts. Be prepared to make compromises in life unless a balanced quality of life one of your top priorities.

Apart from your annual salary, there are also other factors which need to be considered while you are joining your first law job. Unless the associate is satisfied with their law job or the work atmosphere, they cannot perform well says A. Harrison Barnes. Until and unless the law practices are regular, the associate cannot exhibit their organizational and interpersonal skills fully. The most important thing is you should – love what you do…. Access your goals and priorities before accepting an offer letter, since you are making a very vital decision of your life.

You can also seek help from the experts from elite law schools like George Mason University School of Law, Georgetown University Law Center, Catholic University, Washington College of Law; LuEllen Conti, Columbus School of LawVictoria Huber. The professionals and experts can give you an overview about the present market scenario and assist you in getting legal job.