Saving on legal costs

Attorneys often encounter situations where a potential client has a shoestring budget but needs legal assistance in a matter. The question then arises: Can my matter be handled with limited scope representation?

After learning about the situation and the client’s needs, the attorney must make the decision on a case-by-case basis if legal services can be unbundled for the client. The client must also be certain that legal guidance on a limited scope basis will meet his need and will not set him up for failure. The following factors may assist the client and attorney in determining whether a matter may be unbundled or if it requires full-service representation:

  • Will the client understand the limitations of and consent to the limited representation? Is the client prepared to handle the case himself with some guidance or does he need more assistance?
  • How complex is the matter? Will it involve court or administrative proceedings? Is it a clear-cut case?
  • How urgent is the matter? Is the client contacting the lawyer in a last-minute emergency? Will the law firm be required to complete the work within a feasible time frame without the risk of providing services that are not competent?
  • Will the client be able to handle the remainder of the case following the firm’s instructions and guidance? Does the client have the necessary level of education, experience, or sophistication? Is the client well-spoken and articulate? Can the client research and follow the necessary procedural rules related to the matter?
  • Would it be in the client’s best interests in this particular circumstance if the representation were consistent from start to finish?
  • Is the client going to be comfortable communicating with the firm using the methods that the firm has set up for limited-scope cases, such as a virtual law office or web conferencing, rather than in-person office visits?

Basic differences between a Franchise and a License Agreement

Franchise

License

Elements A Franchise, at its very basic state, has these elements:

  •   Common   Brand
  •   Common   Operating System AND
  •   Payment   of either an initial fee or ongoing fees from Franchisee to Franchisor
A License agreement is usually missing one of the Franchise   elements. The most common form of  a   license agreement has the following elements:

  •   Common   Brand and/or
  •   Payment   of a fee to Licensor
Agreement Typical Agreements include:

  •   Training
  •   On-going   Mentoring
  •   Technical   Advice from Franchisee
License agreements do not get much ongoing support from licensor
Relationship Close Relationship between Franchisor/Franchisee Loose relationship with minimal communication
TM/Logo and Territory Franchisee has the rights to use the Trademark and/or logo of parent   company (Franchisor) and are typically given territorial rights Licensee is not given the right to use the parent company   Trademark or logo; they are expected to market their own brand and build   their own presence/identity in the marketplace.