Questions to ask a franchise lawyer at a first consultation

A list of questions on side, licensing, scope, fees and timing, plus what to bring so the first meeting is not spent on basics.

A first consultation is short, so go in with questions and documents ready. The aim is to learn whether this lawyer acts for franchisees, is licensed where it matters, and will put the fee terms in writing. This page does not suggest which answer is right for you; it lists what is worth asking.

Before the meeting

Check the license (how to check a lawyer's license). Gather the notice, the agreement with amendments, the disclosure document, earlier letters and payment records (documents to gather). Write down every date on the notice and the date and method of delivery. Ask when booking whether the consultation is free and how long it lasts. Some firms say their first consultation is free and others charge for a written review; a franchisee-side firm's own page lists a free 20-minute consultation and a separate $3,000 flat fee for a written review (firm's own statement, checked 28 October 2026). Another says its initial consultation is free. These are single firms' terms, not norms.

Questions about the lawyer

  • Do you mostly act for franchisees or franchisors? Have you acted for my franchisor?
  • Are you licensed in my state and in the state named in the agreement? If not, who would appear?
  • Have you handled a matter at my stage (default notice, termination, injunction, arbitration)?
  • Who will do the work, and who will I talk to?

Questions about the work and the fee

  • What would you do first, and by when?
  • Does my agreement send disputes to arbitration or to court, and what does that change about cost? AAA's published filing fee, for example, runs from $1,450 for claims under $75,000 up to $8,925 for claims of $1,000,000 to under $10,000,000, before arbitrator pay (AAA schedule effective Sept. 1, 2025).
  • How do you charge: hourly, flat, retainer or contingent? ABA Model Rule 1.5(b) says the scope and the basis or rate of the fee should be communicated, preferably in writing, and 1.5(c) requires contingent fee agreements to be in a writing signed by the client (state versions vary).
  • What is covered by the first payment, and what is billed separately, such as filing fees or experts?
  • If the agreement has a fee-shifting clause, what does that mean for me? One New York court applied such a clause to the franchisee's side of a dispute on liability (2024), so it is worth asking.

Reference points for fee answers

To judge what you hear, Clio's October 2026 report puts the national average lawyer rate at $362 an hour across practice areas, with civil litigation at $368 and contracts at $384. The State Bar of Michigan's 2023 report put the median private practice rate at $300 an hour using 2022 data. These are general figures, not franchise specific, and one firm's price is not typical. More in franchise termination lawyer cost.

Afterward, write down what you were told and ask for the engagement terms in writing before deciding. See also free and low-cost franchise help. This site is general information and a lawyer licensed in your state can advise on your own dates.

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