Mark Kirsch

Franchising – as an industry, as a collection of business sectors and as a legal discipline – is a dynamic mix of issues, challenges and stakeholders. Franchising businesses run the gamut from A to Z, from retail to foodservice to hospitality to services to healthcare and more. While some (or many) questions, issues or problems are similar from brand to brand, the nature of the franchise, the size of the network and the goals of the parties are varied.

I like that diversity. At the end of the day, everyone is trying to improve their business – which is good – and my job is to assist that effort to create win-win-win results for the franchisor, the franchisees and the customers.

A great client is one who asks good and tough questions, and is not afraid to receive difficult answers; who keeps their attorney apprised of business and legal issues and strategic plans in advance; and who views their attorney as a “partner” in helping to guide the success of the business.

A great franchise attorney – or, for that matter, a great attorney in any field – should have the following characteristics and skills:

• a good listener
• creativity
• the ability to understand both the legal and business risks involved in an issue, and communicate those risks clearly and concisely, and to help shape a solution that advances the client’s goals
• to be willing to invest time and energy into learning about ancillary aspects of the client’s business and industry, recognizing that other information will provide context and insights necessary to develop coherent and strategic solutions for the client
• to act and provide counsel as a strategic advisor
• to be a true partner in growth of the business.