Question 1

Is a franchise lawyer the same as a franchise attorney?

Accepted Answer

Yes. In the United States, "lawyer" and "attorney" are used interchangeably. Both terms describe an attorney admitted to a state bar whose practice focuses on franchise law, on the franchisor side, the franchisee side, or both.

Question 2

Does the FTC approve franchise disclosure documents?

Accepted Answer

No. The FTC Franchise Rule requires franchisors to disclose information, but the FTC does not review or approve FDDs, and the FDD cover page states that no government agency has verified its content. Some states require registration or filing, which is a filing review, not an endorsement of the franchise.

Question 3

Is the 14-day FDD period a right to cancel?

Accepted Answer

No. The Rule requires the FDD to be delivered at least 14 calendar days before the prospect signs a binding agreement or pays the franchisor. It is a disclosure period. The federal Rule does not create a cooling-off or withdrawal right once the agreement is signed.

Question 4

How are franchise attorney fees structured?

Accepted Answer

Common structures are hourly billing, flat fees for a defined task such as an FDD review, task-based fees, and retainers for ongoing work. There is no standard published rate: fees vary with the complexity of the matter, the firm and the market.

Ashley Merryman

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Their articles

Franchise Lawyer: Role, Timing and Fees of a Franchise Attorney

What Is a Franchise Disclosure Document (FDD)?