Who should you call first when you're thinking about franchising your business?
If you’re exploring whether franchising is the right path for your business, the best first step is speaking with an experienced franchise lawyer. For a complete breakdown of who can help you franchise your business — and why starting with a lawyer matters — see our full guide.
While a franchise consultant may assist with operational tools like operations manuals, budgets, and potential sales strategies, only a franchise lawyer is licensed to prepare the legal documents you’ll need to become a franchisor — including your Franchise Disclosure Document (FDD), franchise agreement, and state registrations. Franchise consultants are not attorneys, and they are not legally qualified to provide legal advice or prepare franchise documents.
That legal distinction matters — especially at the beginning. When you're deciding whether franchising is right for your business, you need direct advice from a professional who has a legal duty to act in your best interest, has worked with hundreds of franchise systems, and understands both the legal and strategic implications of becoming a franchisor.
An experienced franchise lawyer should not only help you with legal compliance — but also guide you in making foundational business decisions like:
- Whether your business is ready to franchise
- What your initial franchise fee and royalty should be
- How to structure territories, Item 19 financials, and support systems
- Which additional vendors or tools (if any) you may need to support operations, manuals, or sales infrastructure
Consultants may be helpful — but only after you’ve first received legal guidance and confirmed that franchising is the right move. A credible franchise lawyer can help you make that decision, develop the right legal foundation, and introduce you to vetted consultants and service providers if and when you need them. The franchise lawyer can also help you avoid wasting money on unnecessary and pre-packaged generic consulting services that many consultants sell.
Do You Need to Hire Both a Franchise Lawyer and Franchise Consultant?
Not necessarily. With the right franchise lawyer, you may not need to hire a franchise consultant at all — or at least not right away.
While some franchise lawyers take a purely legal approach, others (like our team) combine legal services with strategic guidance. When handled correctly, your franchise development process should include brand-aligned legal structuring and strategic insight from day one — without the need to engage multiple vendors or work through intermediaries.
Franchise consultants, on the other hand, cannot provide legal services and are not authorized to prepare your FDD. No matter how much experience they claim to have, consultants are not legally permitted to advise on or draft franchise documents. Even if they say they “work with a lawyer” or “have an in-house attorney,” those legal services are often outsourced with no direct relationship between you and the lawyer preparing your documents — which creates long-term risk.
In addition to preparing your FDD, other legal steps involved in the franchising process that cannot be provided by a franchise consultant and that should be provided by a franchise lawyer, include: reviewing and registering your trademarks, establishing your franchising corporate entities, coordinating with your accountant the financial statements needed for your FDD, developing your Item 19 financial performance representations, and helping you learn franchising.
Is there Value in Hiring a Franchise Consultant?
Yes — but only at the right time, and only if you choose carefully.
There are no licensing or qualification requirements to become a “franchise consultant” or “franchise developer.” The industry includes a wide range of professionals — from former franchisors and advisors to unqualified salespeople who promise a one-size-fits-all franchise package.
Some consultants offer real value, helping you refine your operations, organize support systems, or prepare your operations manual. Others may sell you an unrealistic dream without the hard truths about what it takes to succeed as a franchisor. Be especially cautious of:
- Consultants who promise bundled legal and development services
- "Franchise in a box” packages
- Groups that position themselves relationship builders and overemphasize their industry connections as a substitute for actual strategy
- Anyone who blurs the line between legal advice and consulting
Many consultants will list many team members and team profices but, in many cases, their claimed team members are independent contractors that also work for other companies and businesses.
What If a Consultant Claims They Have a Lawyer or Offer Legal Services?
What If a Consultant Claims They Have a Lawyer or Offer Legal Services?
This is where things often go wrong.
Some consultants claim they have an “in-house attorney” or offer complete franchise packages that include legal services. In most cases, these legal services are either:
- Outsourced to lawyers you don’t know and can’t communicate with directly
- Handled by attorneys with little franchise experience
- Provided in a way that violates ethics rules and undermines your legal protections
You need to have a direct attorney-client relationship with the lawyer preparing your FDD. Anything less puts your business and brand at risk.
If a consultant is willing to blur the line between legal and non-legal services — or present legal outsourcing as a “benefit” — ask yourself what other lines they’re willing to cross. Franchise law is too important to leave in anyone’s hands but your own trusted legal counsel.
What Do Franchise Consultants Typically Do?
Legitimate franchise consultants can assist with:
- Franchise feasibility studies
- Operations manual preparation
- Competitive assessments
- Budget planning and unit economics
- Franchise sales strategy and CRM systems
- Support infrastructure and onboarding tools
But these services should come after you've first spoke to a franchise lawyer and have started putting your legal foundation in place — and with the guidance of your franchise lawyer to ensure alignment between legal, operational, and sales strategy. Working through an experienced franchise lawyer can help you avoid waisting money on unnecessary or overpriced consultant fees.
Start With Legal First — Strategy Comes With It
When you start with the right franchise lawyer, you get more than legal documents — you get legal and strategic guidance designed to protect your brand and support long-term growth. From development to scale, your attorney should be your first call. If you’re still asking yourself who can actually help you franchise your business, our guide walks you through the right steps and the roles involved.
We’ve helped over 350 franchise brands across all 50 states — and we’re here to help you evaluate your options and build a franchise system the right way.
