The Case of the $100,000 fee bonus

By Les Stewart

Once upon a time…

A group of seven Canadian automotive franchisees were enduring 3 1/2 years of litigaton hell: 28 delays from the franchisor, unemployment, marital stress & breakup, poverty, being right on the edge of sanity. The usual condition.

Let’s not forget the recurring threats from their own lawyers to keep paying or they will be dropped as a client.

I get involved and encourage them to talk to the Toronto Star, Canada’s largest circulation daily newspaper. They do and a franchisee-bleeding style of article is written. Pretty sympathetic for guys: Not so much for the franchisor.

The franchisees are scheduled for arbitration. After two days, not a single concession, let alone a settlement is in sight.

I faxed the Toronto Star article to 150 United States franchisees of the same system from my office above my garage. Time-consuming but always effective.

All hell breaks loose the next day in arbitration. The franchisor accuses the franchisee’s lawyer of knowing about the faxing (he didn’t), being a communist, yadda, yadda, yadda.

Anyway, the franchisor cuts one cheque to settle the lawsuit.

However, a mysterious $100,000 in fees is added onto the franchisees’ bill by the franchisee attorney (my contact was the treasurer of the small group).

What would you do?

  1. Refuse to pay and everyone gets $0.
  2. Keep you mouth shut and let the lawyer pay himself an extra $100,000.

He signed the confidentiality agreement and has never said a word about it. I have never signed any gag order.

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