1. How to co-ordinate legal services for an international franchise system
13 june 2009

2. How to co-ordinate legal services for an international franchise system

3. Franchise with national network
Looks personally for lawyers in foreign countries
In house lawyer
Looks for an Int’l Law firm with a good network
Its own network
Law Firm
Looks for the best franchise lawyer in each
jurisdiction

4. Criteria used by foreign lawyers to choose local legal advice
Previus Good Experience
Recommendations from other lawyers within the firm
Personal impression
Recommendations from
Other : Associations, publications, networks
Other laws firms
Foreign lawyers

5. “ many law firms-lawyers fulfil two but not three requirements”
Quality of Advice
Previus Good Experience Timeliness of the Response
Fees Charged
“ many law firms-lawyers fulfil two but not three requirements”

6. How well reasoned
How practical
Quality of advice Limited to the specific questions
asked
for new issues : wait for instructions

7. Registration in Franchisors’Registry
Fees Charged Disclosure Document
Adaptation of Franchise Agreement
License Agreement
General Sale Conditions
Asking for a budget: Should not incur in any fee.

8. Fees Charged :
Registration
The client fills in the application and provides the necessary documents
We fill in the application and we obtain or assist the client in obtaining the necessary documents.
Disclosure Document
We inform the client on the content and the client drafts it, we review it.
We draft the D. Doc. based on :
National D.Doc.
Franchise Agreement
Information provided by the client (e.g.: payment agreed)

9. Fees Charged :
Franchise Agreement
The Agreement is drafted and completed with all necessary information and only needs some small adjustments.
We adapt and complete the Agreement :
We advise on tax issues.
Type of franchise: Commercial property, Services, Internet.
Other Agreements: License, Services, General Sale Conditions, Non Competition (for employees), etc.

10. The client wants to have several offers
Sometimes
We are not sure who could be the best lawyer
Ask some questions of at least three lawyers :
Explain the background and ask :
If you are prepared to deal with the matter
theoretical
Several questions on the subject
practical
easy
difficult
Time
Fees

11. Looking for a Franchise Lawyer
International Associations : IBA, VIA, AIJA, ABA, IFLA, ….
Private Networks
Specialised Directories : Martindale’s, Chambers.
Internet Networks : Linkedln, Xing

12. Specializations / Knowledge needed for dealing with franchise matters
Franchise regulation issues and commercial agreements
Previous tax advice
Corporate issues
IP issues
Commercial property
E-Commerce and Data Protection
Competition
Litigation

13. Own businesses franchisees
Two tipes of international
development
Only one or more master franchisees.

14. The Franchisor should appoint the supervision / coordination team
In house lawyer.
International Development Manager/
Manager for that country
Financial Controller.
Construction Manager.
Publicity Team.
To // Copy
communications Subject
Highlight instructions clearly
Local Lawyer

15. Intenational Development Manager/
Manager for that country
Lawyer
Publicity
Data Protection
Franchisee Environmental
Tax
Other regulatory issues
Franchisee

16. Original Documents (e.g. contracts, deeds)
Who should keep them ?
Franchisor
Should keep
Local Lawyer
Non management staff
Should not keep
Franchisee
A “soft file” (scanned documents) is easy to create manage, keep updated and is safe.

17. Appointment of in house local lawyer When?
Number of franchisees.
Number of own businesses.
Type of issues to deal with (normally litigation is dealt with law firms)
Establishment of reporting guidelines; annual meetings of local in house lawyers; training, etc.

18. Datos de contacto Mercedes Clavell mclavell@jausaslegal.com
Barcelona
Passeig de Gràcia 103
08008 Barcelona
Tel
Fax
Madrid
Paseo de la Castellana 60
28046 Madrid
Tel
Fax