The public Role of Tier 2 franchise attorneys

August 12, 2010

In my post On the Nature of Tyranny, I tried to present Northrop Frye‘s analysis of William Blake.Blake saw the fundamental struggle on earth between two opposing forces:

  1. champions of tyranny (not the apparent nasties but those that profit from defending them; those that write for power; sophists) and
  2. visionaries (the “enlightened ones” lol).

Franchise bar: In advanced franchising cultures, there are two archetypal fixers: one for the franchisors and ditto for franchisees.

Everyone else in the franchise bar is lower status individual, dependent on these two alpha males and the evolution of the bar’s sociology: norms, history, rewards/punishments, career advancements, access to law makers/regulators, referrals, who is “us” and who is “them”,  etc.

One role of the Tier 2 attorneys is to engage in battles on behalf of the pack when here is a threat.

Their out-of-character behavior explains a lot about a system that created, empowers and defends tyrants.

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il Duce Franchise Lawyer

September 15, 2008

Il Duce means leader in Italian.

It is a term that is often applied by those that choose to influence others in a dictatorial manner.

A national franchise association assists the setting up and marketing of business format franchises in that country.

They lobby and represent the franchisors’ view and oppose franchisees when their interests are in conflict with their masters’.

Most national associations are members of the World Franchise Council, WFC. The WFC is headquartered in the franchise powerhouse nation of New Zealandand controlled by the U.S. International Franchise Association.

Each Nation: Every country has one lawyer who is recognized as Il Duce, the general, the top dog or alpha male (ie. the individual in the community to whom the others follow and defer.).

He wields influence primarily through the national franchise association where he is often the general counsel, Chairman of the Board or other such title.

Their job is to co-ordinate the defence and promotion of franchising within their country.  They are profit maximizing businesspeople who rely on the public’s erroneous belief in their professionalism and impartiality. They give advice freely when they there is no client:solicitor duty to do so (before a contract is formed) and remain in the shadows otherwise.

Because of the credence good nature of legal services and their closely guarded monopoly on providing legal services, many franchise lawyers act as fraudulent experts. They are fully aware of this which explains why there are so many unhappy lawyers.

The Il Duce is seen as an expert who is never personally tested on his abilities by a discerning superior: He never goes to Court. These cowards:

  1. control their clients (franchisors) by preying on their fears of what franchisees could accomplish if franchisees were smart and organized (the weakest franchisee group is stronger than the strongest franchisor),
  2. promotes the self-serving and hazardous thought that you should talk to only to a franchise lawyer (akin to having a murderer’s brother performng the autopsy),
  3. make sure the most lucrative legal service referrals (international expansion from North American franchisors) go only to lawyers who “play by the rules” (franchise lawyers who “support” the franchisors’ position),
  4. speak to governments under the guise of an “impartial” expert (although they NEVER take on franchisee cases),
  5. punishes franchisee advocates by suing them into bankruptcy (just for fun and as an example),
  6. award revenue-generating opportunities (speaking at association-sponsored trade shows) to themselves and “their team”,
  7. write carefully crafted legal columns in the national franchisor-sponsored trade rag (sales: see Franchise Canada magazine or pseudo-journalism, see Franchise Times),
  8. a senior partner of an internationally influential multi-line law firm (allies of friends into political back rooms),
  9. degrades the political process credibility by showing that money buys laws,
  10. keep active in the state, national and international bar associations, and, especially
  11. the American Bar Association’s Forum on Franchising (the latest and greatest ways to serve those that buy 95% of their services: ie. franchisors),

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