Franchise Disclosure Laws Give Upper Hand to Attorneys
By
Lance Winslow
In today’s franchising industry franchisors are forced to
have excessive disclosure documents. Franchise Attorneys will collect this data
to try to sue you. Every one knows you should never trust an Attorney; that also
goes for any Franchise Attorney also. If you are in franchising you will of
course need a few of these extortionists to protect you from other suing
franchise lawyers. Franchising Lawyers; 88% are incompetent, so be careful and
do you home work. Many hardly know their rear ends from a hole in the ground. Be
sure to read the study on the Franchise Attorney, Franchising Lawyer and
problems in franchising law.
We need a complete overhaul in the industry with regards to franchise
attorneys. While participating on the ABA Forum on Franchising for about 4
years, I have been noticing a problem with the aptitude and experience level of
those who purport to practicing in the area of franchise law. Several quote
“Franchising Attorneys” often ask questions of other attorneys of the group
which are things they should inherently know if they claim to be “Franchising
Attorneys”. The ABA Forum on franchising, godbless their souls, claims that
lawyers from all different experience levels come to the board and ask
questions.
Well a recent question was asked by a practicing attorney in CA who claims to
be a Business and Franchising Attorney on his web site, business cards and
advertising asked the question about what disclosure was needed if any if a
franchisor gave a franchisee a commission for sending him a buyer. Now many out
there may not be too familiar with this, but then again you are not holding
yourself out to well versed enough to charge $150-300 per hour for advice on
such franchising subjects. This particular question totally infuriates me as a
Franchisor, because I am to pay good money for these attorneys who block
information from the public domain so they can sell it to me for the price
described above. Yet these same people do not know the answer to the questions
you ask, they instead call on other attorneys to answer such questions. Then may
I ask why we pay them at all? And if you call them on it, and complain about
their lack of knowledge they claim you are unprofessional.
Well if unprofessional means calling things the way they are then these
two-faced attorneys are correct. In my opinion they are thieves, cowards and
liars. They should shot and Caesar was correct in his statements as I am here
today in this period. Entrepreneurs when they make mistakes pay for those
mistakes in the market place. Attorneys wing it and hire paralegals to do all
their work for peanuts and then bill you maximum rate. In franchising I would
say the number of attorneys who purport such expert status to bill such high
fees are generally morons.
Given that some are actually knowledgeable on their subject matter. Still the
fees are way to high. But there are about 12% who know their stuff. The others
need a Jerry Springer T-Shirt or a Jeff Foxworthy “Here’s Your Sign”. The answer
to the above question is of course it is required for disclosure, my answer to
this CA moron attorney (opinion) is “No, Keep it a Secret, don’t disclose it?”
DAH? It is a violation in my opinion and it is false and misleading to purport
that you are an attorney specializing in some area of law and then not know the
answers to fundamental questions in that area. For someone to put on a business
card that they specialize in an area of law and hold themselves out to the
public to be well versed and knowledgeable on the subject matter and to ask
stupid questions that they should know the answer to is evidence in the need for
on-going education, testing, and licensing of that area of law.
Attorneys seem to slip out of the categories in which other professionals
such as Brokers, Accountants and Medical professionals must play in. Attorneys
are therefore the most self-serving group of people on the Planet. Talk about
calling the kettle black, these people sue franchisors and franchisees that are
making a living by producing while these parasites steal your money and sit
behind law books they have never read or use. They hire paralegals to do the
work, they figure that if they do not know something they can find it, yet hide
the information so you cannot find it, meaning you have to pay them to file
paperwork. These attorneys file complaints and make up stuff in order to sue you
and I and people who produce goods and services to this great nation. They often
exaggerate issues and create barriers between parties where everyone loses, but
alas, they get a G-Damn Fee. Fee for what, they are stupid well all but 12%. Now
then we have many young Americans going back to school to get degrees in law? Oh
great add more fuel to the fires and add more liars (lawyers).
The funniest part of this issue is that these morons cannot even argue the
point, calling such observations of the system run a muck as unprofessional.
Well when you are professional about it they cloud the issues with rhetoric and
these word smiths sit around all day trying to figure out how to screw us all,
so they can get theirs without working. Without knowledge, without ever having
to produce one thing for America, except and invoice, which if you do not pay
they will sue you? Whatever. The problem being that they hide behind a desk,
never learning to the best of their ability the subject matter. Next time you
are at a party and someone tells you they are a lawyer; tell them to go to hell.
They deserve no respect, no professionalism and none of your time. Tell them to
their face. Whether they are a politician, regulator, litigator or judge.
They system, regulations, sue happy lawyers are the reason the economy is in
shambles. These lawyers reward laziness, lead in that regard by example,
perpetually lie to clients, customers and the public in general using false and
misleading advertising, could care less about right and wrong and should for the
most part be hung or burned at the stake. You know this true. Look around folks;
High insurance, medical, franchise fees, etc. Why do you think this is? Guess.
Is it unprofessional to call an ace and ace and a spade a spade? Not where I
come from.
I call and demand a complete revamping of franchise law, category of law
where franchising is its own deal not mixed in with securities law; a crushing
of duplication amongst states and the federal government. Re-education for all
franchise attorneys mandatory, if they cannot learn what they should already
know, they cannot practice franchise law. No Grandfather clauses, because in
this area of law there are too many incompetent folks holding themselves out to
be attorneys and do not understand the model or the dynamics. They (except for
the 12%) are scoundrels, crooks, fraudsters, incompetent, and wannabes. (CYA-opinion).
Recently when I wrote this attorney in CA and called him into check, He copied
my email into the ABA Forum for other attorneys. Many stuck up for his views
that it is okay to ask dumb questions (not the 12%, they simply kept quite,
understood or agreed with my comments), although the real issue is that only
incompetent people ask questions which are so fundamental that they ought to
know by heart if they are to practice in this area of law.
During Franchising Week and we are to promote franchising, what a better way
to promote franchising which delivers 1/3 of every consumer dollar spent then by
deleting or calling into question the parasites the 88% of attorneys which
plague our industry like a virus against humanity that threatens the economic
stability of our nation worse than any potential international terrorist. By
threatening to sue, when we should be working together to build a stronger unity
and building small businesses through franchising for the betterment of the
future of America and the laid off individuals which were forced out of work by
lawyers in other fields suing and raising costs into oblivion. Today we have our
troops being attacked and some occasionally killed to restore order in Iraq, yet
in the US we have a worse threat than that, here, we have attorneys causing the
crumble of America, for personal financial gain, without regard for the well
being of the American people, these lawyers are the worst of all Terrorists,
they are preventing America from getting back to work, they are immune to
Patriot’s Act know your client rules, they will take a check form anyone. They
will defend guilty parties, they will file bogus claims against the hard working
class of Americans, small business owners and franchisors who have delivered to
all Americans, lower prices, competitive choices and smooth distribution, not to
mention employing 38.44% of all Americans.
You want to keep America back to work? Hold those Lawyers responsible and if
they cannot be responsible, SHOOT THEM, shovel them and shut up; stop listening
to this rhetoric and playing with words. It does not take a rocket scientist to
figure out right and wrong, but all the lawyers in the world could not get
themselves into agreement. The system of law, truth and justice is flawed
because the lawyers have run a muck, are not held accountable, don’t care (88%
of them), stir controversy, avoid intent. It is obvious that the lawyers in the
Franchising Field yield a huge chokehold on our society; from every aspect of
franchise law. When someone asks these 88% what type of law they practice,
typically they will smile and say, “well what is your problem?” Then they simply
say yes we can help you with that here is the fee schedule and then quickly they
get online to find the answer or pay someone else to look it up. Is that really
fair to America. Franchising is a huge system of distribution and rivals
Wal-Mart in efficiency.
If franchising were to leave tomorrow, you could not see a ball game, buy a
car, eat out, buy gasoline, etc. And because this distribution system is so
powerful America is so powerful. We have regulators who are lawyers who have no
experience making a paycheck, little if any in franchise law, clogging the
system. We have OSHA, EPA, Workmen’s Comp, ADA, etc all areas with more lawyers.
Franchises often involve real estate, the average re-finance paper work or real
estate listing use to be 3-5 pages, today sixty. Franchise UFOCs with
attachments usually 180 plus pages. Use to be 13 for UFOC and about 10-15 pages
of various attachments. Lease agreements and Sub lease agreements use to be 5
pages not 55 pages. OSHA standards are 47 stories high are stacked on top of
each other. Come on people, THINK. Think about it, what is the problem here. It
is not that American Companies cannot compete in free markets; we are the ones,
which refined them, used them to become victorious in two World Wars. If anyone
knows free markets like Milton Friedman it is we, we practically created the
modern free market and folks the biggest single factor and driving force of that
modern force today is franchising. Not bunches of two-bit, fake it tell you make
it, Boilerplate bandits, self-serving, three-piece suit parasites. Yet today we
have Blood sucking giant mosquitoes, Lawyers, sucking us dry in swarms and then
infecting us with the virus they call professionalism and law.
Societies exist because the human species is innately social by nature, not
simply because of law. What we need to do is Genetically modify these lawyers to
work for solutions, not create pages of What-ifs and case law based on arbitrary
decision making of other lawyers who have graduated as the best ten gallon hat
bull slingers into status as judges (again 88%). America can be fixed tomorrow
and everyone can go back to work when the lawyers 88% of them get educated,
terminate, die or get a life. Then there will be plenty of jobs for all
Americans and the Lawyers, can work on the automated garbage trucks so they do
not get their hands dirty. The whole world laughs at us, and the culprits are
laughing too. But hey; they are very PROFESSIONAL, just ask them. I say so what,
if someone is lying to your face and you are not allowed to call them on it, do
you really care if they are lying professionally? I sure as hell don’t. The
hypocrisy has gone to far.
I am unconcerned what the Harvard Law School or these schools churning out
1000’s of lawyers per year have to say about that, the fact is it is true. They
are running the country and we must fight this now before we end up another has
been on the list of great civilizations, which inhabited the Earth during the
short history of modern homosapiens. I would rather not be part of a footnote in
the evolutionary chain, which was unable to adapt and whose branch went no
further. It is time to take control of the bull (pun intended) and wrestle this
beast to the ground once and for all. Lets start with franchising, put America
back to work, get this economy flying again and then we can weed out the other
areas of law where parasitic lawyers abound. Care to comment on my opinion.
Afraid too, chicken? Too unprofessional for you; Deal with it. Lawyers do not
deserve our time, money or common courtesy. The time to stop playing games has
fallen upon us, it is time to act decisively. Fight on Entrepreneurs; do not
take anymore of this BS. This country was built on blood, sweat and tears, we
have come to far to turn it over rhetoric of bunch of professional Lawyers. In
my opinion they are scum of the Earth and you know I am right, why are you so
afraid to say it? Might get sued? Think about it.
"Lance Winslow" - If you have innovative thoughts and unique perspectives,
come think with Lance;
www.WorldThinkTank.net/wttbbs
Article Source: http://EzineArticles.com/
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