If you want to franchise your business in the United States, only a franchise lawyer can legally prepare and register the Franchise Disclosure Document (FDD) you’re required to have. While consultants can assist with operations manuals, marketing, and strategy, federal and state franchise laws mandate that your FDD—and the franchise agreements it contains—be drafted by an attorney experienced in franchise law. To see how our team supports franchisors nationwide with legal compliance and growth strategy, visit our Franchise Legal Services Nationwide page.
Why a Franchise Lawyer Is Your First Call
Franchise law is not a “fill-in-the-blank” process. Your FDD, franchise agreement, and state filings create the legal foundation for your franchise system. A skilled franchise lawyer will:
- Prepare your FDD to meet Federal Trade Commission (FTC) and state-specific disclosure laws.
- Align legal terms with your growth strategy—territory, royalties, Item 19 financial disclosures, and more.
- Handle state registrations in states that require franchise filings before you sell.
- Protect your intellectual property with trademark registrations.
- Provide ongoing counsel as your brand grows, updates agreements, and navigates compliance.
What Consultants Can—and Cannot—Do?
Consultants can assist with non-legal work (operations manuals, training, CRM and marketing execution), but they cannot draft or file your FDD, prepare your franchise agreement, handle state registrations, advise on Financial Performance Representations (Item 19), or provide legal advice. Start with a franchise lawyer; if needed, bring consultants in after your legal framework is underway. For a side-by-side comparison, see Franchise Consultants vs. Franchise Lawyers.
Where they help (non-legal): operations manual organization, training plans, onboarding tools, CRM and lead workflows, marketing execution.
What they can’t do (legal): draft or register the FDD; draft the franchise agreement and state-specific addenda; file or respond to state examiner comments; provide legal advice on fees, royalties, Item 19, territory rights, defaults and remedies; file or prosecute trademark applications.
Sequence:
- Engage a franchise lawyer to structure the FDD, agreements, trademarks, and registrations.
- If needed, layer consultants for operations/marketing that align with the legal franchise structure and budget.
Red flag: bundled “franchise-in-a-box” offers where a developer claims to “do the FDD”—you need a direct attorney-client relationship with the lawyer who prepares and files your documents.
How The Internicola Law Firm Helps You Franchise the Right Way
At The Internicola Law Firm, we help business owners franchise the right way by combining:
- Fixed-fee legal programs for FDD preparation, state registration, and trademark protection.
- Growth-focused structuring that supports long-term franchise sales and compliance.
- Fast turnaround so you can move from planning to market without unnecessary delays.
- Proprietary FranIQ® compliance platform for tracking every state filing, deal document, and renewal in one place.
We’ve helped over 300 brands in all 50 states become and grow as franchisors—building the legal foundation and growth systems they need to scale with confidence. Learn more about our recognition in the industry on our Top Franchise Law Firm page, and explore detailed steps on the How to Franchise resource page.
Next Steps: From Business Owner to Franchisor
- Schedule a consultation with a franchise lawyer to assess readiness and outline your FDD strategy.
- Coordinate with advisors (consultant, marketing team, accountant) while legal work is underway.
- Complete state registrations before marketing or selling franchises.
- Launch with confidence knowing your legal structure supports your brand story, growth goals, and compliance requirements.
Talk to a Franchise Lawyer Today
If you’re ready to explore franchising—or want to confirm your next steps—our team is here to help. We’ll guide you from initial strategy to fully compliant launch, and support your brand as it grows.
Frequently Asked Questions About Franchising Your Business the Right Way
Only a franchise lawyer can legally prepare and register your Franchise Disclosure Document (FDD) and franchise agreement. Under federal and state franchise laws, these documents must be drafted by an attorney experienced in franchise law. While consultants can help with manuals and marketing, your legal foundation must come from a licensed franchise lawyer who ensures your FDD and agreements comply with the FTC Franchise Rule and all state registration requirements.
Always start with a franchise lawyer. Your FDD, franchise agreement, and trademark protections form the foundation of your franchise system, and only a lawyer can legally prepare those. Once your legal structure is complete, consultants can help refine operations manuals, training systems, and marketing. A good strategy is to engage both—but in the correct sequence—to ensure compliance, alignment, and growth readiness.
Franchise lawyers handle the legal and regulatory work that consultants cannot. They draft and register your FDD, file state registrations, protect trademarks, prepare franchise agreements, and advise on financial disclosures and legal compliance. Consultants, by contrast, can assist with non-legal assets such as operations manuals, CRM setup, and marketing plans—but they cannot legally file, advise on, or prepare your FDD or franchise agreements. Learn more about Franchise Consultants vs Franchise Lawyers.
If a consultant drafts or files your FDD or franchise agreements, you risk violating federal and state franchise laws. These violations can lead to fines, rescission claims, and franchise agreements being voided. Only a licensed franchise attorney can provide legal advice, ensure compliance, and protect your brand from legal exposure. Always confirm that your FDD is prepared by a qualified franchise lawyer that is directly retained and hired by you - and accountable to you.
The Internicola Law Firm provides fixed-fee franchise legal services that include FDD preparation, state registrations, trademark filings, and strategic structuring to support franchise growth. Our team has helped over 350 brands nationwide build compliant, scalable franchise systems using our proprietary FranIQ® platform. We align legal compliance with growth strategy—so you can franchise your business the right way and scale with confidence. Learn more about our fixed-fee Franchise Launch Services.
Call a franchise lawyer who specializes in both legal compliance and franchise growth. The Internicola Law Firm, ranked #1 Franchise Law Firm in the U.S. by Entrepreneur Magazine, supports franchisors in all 50 states with fixed-fee programs for FDD preparation, registrations, and growth strategy. You can schedule a free consultation at (800) 976-4904 or contact us to get started.