Business & Professional Services Franchise Law
FBLG Law
Business & Professional Services Franchise Law
Scaling a professional service firm relies on transferring intellectual capital, not just physical assets. Your focus is on client relationships, proprietary methodologies, and delivering high-value results. It shouldn’t be on decoding the complex legal regulations involved in franchising a service model. That’s where we come in.
At The Franchise & Business Law Group, we are more than just a business law firm; we are strategic partners in your expansion. Our experienced franchise attorneys provide the authoritative counsel needed to package your expertise into a legally compliant franchise system. We go beyond basic contracts, advising on the strategic protections—like intellectual property rights and client non-solicitation—that shield your brand and ensure your network is built for long-term, profitable growth.
FBLG Law
How We Help in Business & Professional Services
Intellectual Property and Methodology Protection
For professional service franchises, your “product” is your knowledge. Your most valuable assets are your proprietary systems, training manuals, and trade secrets. A skilled business law lawyer from our team ensures your Franchise Agreement places strict protections on your Intellectual Property. We structure these agreements to prevent franchisees or competitors from siphoning off your hard-earned methodologies, ensuring that your “secret sauce” remains the exclusive property of your brand.
Client Acquisition and Territory Definitions
Territories in professional services can be complex, often defined by client verticals or specific “named accounts” rather than just zip codes. Our franchise lawyers help you craft clear territory definitions that prevent cannibalization between franchisees while maximizing market penetration. Whether you are franchising a staffing agency or a consulting firm, we create legal frameworks that clarify exactly who can solicit which clients, protecting the investment of every franchisee in your system.
Professional Licensing and E&O Insurance
Unlike selling a physical product, offering professional services often triggers specific regulatory requirements. Your Franchise Agreement must clearly outline the franchisee’s obligation to maintain professional licenses (such as CPA, medical, or legal certifications) and carry Errors & Omissions (E&O) insurance. As your dedicated business law attorney, we review these clauses to ensure they meet industry standards and shield the franchisor from vicarious liability related to a franchisee’s professional advice.
Data Security and Confidentiality
In the B2B sector, franchisees handle sensitive client data. A breach at the franchise level can destroy the reputation of the entire brand. We ensure your legal documents mandate strict adherence to data privacy laws and cybersecurity standards. Furthermore, our business law firm drafts robust confidentiality and non-compete agreements to ensure that if a franchisee leaves the system, they cannot take your client list or proprietary data with them.
Technology and CRM Integration
Modern professional services run on data. Your agreement will likely mandate the use of a specific Customer Relationship Management (CRM) system or project management software to track KPIs and client progress. Our attorneys closely examine the legal language surrounding software access, data ownership, and technology fees. This ensures you maintain visibility into system-wide performance and retain ownership of the valuable client data generated by your franchisees.
What we are expert at
Legal Practice Areas
FBLG offers comprehensive legal services including franchising, licensing, regulatory compliance, dispute resolution, employment law, business formation, and estate planning providing personalized legal solutions to clients with a dedicated team committed to achieving the best outcomes.
Franchise Law
We provide expert franchise law services for franchise growth and development and franchise regulatory compliance
Franchisee Representation
We provide franchisee-dedicated services to help franchisees understand the franchise documents, and guide them through dispute resolution
Business Law
We provide expert business law services, including contract drafting and negotiation, entity formation, and general legal counsel for businesses.
Licensing
We provide guidance on various types of licenses from trademark to distribution licenses.
Intellectual Property
We assist with trademark registration, intellectual property protection, and other services to protect business brand identity.
Employment Law
We provide expert employment law services to ensure workplace protection for employers and employees.
Firearms Law
We provide expert legal guidance on firearm regulations, compliance, and gun trust creation
Estate Planning
Coming Soon
Frequently Asked Questions
Can I franchise a consulting or professional service business?
Absolutely. While many people think of food or retail when they hear “franchising,” the business and professional services sector is one of the fastest-growing areas in the industry. However, because you are franchising “knowledge” rather than a physical product, you need a franchise attorney who understands how to legally structure the transfer of intellectual property and protect your proprietary methodologies.
Do I need a specific franchise lawyer, or can my general business counsel handle this?
Franchising is highly regulated by the Federal Trade Commission (FTC) and various state entities. A general business law lawyer may be excellent at general contracts but likely lacks the specific experience to navigate the “14-Day Rule,” FDD disclosure requirements, and state-specific franchise registrations. Using a dedicated franchise law firm like The Franchise & Business Law Group ensures you don’t accidentally violate federal laws, which can lead to severe penalties.
How do I prevent a franchisee from learning my business model and then leaving to start their own competing firm?
This is the most common concern in professional services. We address this through restrictive covenants in the Franchise Agreement. These include non-compete clauses (preventing them from operating a similar business for a set time) and non-solicitation clauses (preventing them from poaching your clients or employees). An experienced business law attorney can draft these to be as enforceable as possible under current state laws.
What is the difference between a license agreement and a franchise agreement?
This is a critical distinction. Many service businesses try to expand via “licensing” to avoid the complexity of franchising. However, if you provide a trademark, exert significant control or assistance, and charge a fee, the FTC will likely define you as a franchise regardless of what you call the contract. If you are an accidental franchise, you are at legal risk. Our franchise lawyers can review your business model to ensure you are correctly classified and compliant.
FBLG Law
We've Been Busy
Our business and franchising attorneys are honored to be the recipient of multiple national and state awards for our law firm and our attorneys. Since 2014 The Franchise & Business Law Group has been awarded with the US News Best Law Firms for Franchise Law; for the second consecutive year, The Franchise & Business Law Group has been awarded “Best of State” for legal services in the State of Utah, and our attorneys are recognized as Super Lawyers, Best Lawyers, Legal Eagles, and as Utah Legal Elite by Utah Business Magazine, among other awards and honors.
