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Articles on law & lawyers                      

Franchise Disclosure Laws Give Upper Hand to Attorneys
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;

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