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Many people have commented favorably about Richard’s many contributions to franchising. To be sure, not everybody is that happy with him, but most folks have a very positive impression of him and his work. On this page we have collected many of those comments, all of which were unsolicited.
That is compounded by the fact that...
Submitted by Richard Solomon on Mon, 2008/02/04 - 06:57
Franchisees who didn't get proper help in vetting the franchise investment in
the first place, go about selecting their lawyer in the same low grade manner.
They prioritize the wrong characteristics. They look for a free/contingent fee
lawyer, which isn't there except in very rare situations usually not met by the
franchisee's case. There are lawyers out there taking contingent fee franchise
cases who really don't know what they're doing, so the situation never has a
chance from the start. These bozos tell them the same things that the scoundrel
franchisors told them - "I believe in your case. They done you wrong." The
client doesn't know the questions to ask the lawyer any more than he knew what
to look for and how to evaluate it when he bought the franchise.
It is a repeat of the franchise scam all over again.
The truth is that most franchisees that have a valid case lack the resources to fund it. Not only can't they pay a lawyer, but they can't pay for experts needed in the case (like damages experts - forensic accountants and often technical experts in some relevant field) and they can't even pay for court reporters and deposition transcripts. Most of the bozo lawyers they resort to simply don't hire the experts.
Others still have some money, but don’t know how to select the right lawyer, so they end up fleeced of whatever else they have left by a bozo lawyer who doesn't know what he's doing. A recent example of this is a "I just spent $ 15,000 for a lawyer to do research, and he told me to do nothing for at least a year" She's still open using the franchisor's trade identity. She is DOA in court, if she ever gets there. Continuing to use the franchisor's trade identity and doing nothing for a year is called waiver of the fraud and ratification of the franchise agreement. Remember those Maryland folks who did that in the Coffee Beanery case. You know what happened to them. Actually they were in even worse shape. They, upon advice of counsel (so they say), do nothing because they think the state government is gonna get their money back for them. Yeah right!
So they go through the agony of being fleeced all over again when, truth to
tell, all that really is available for those who can't make the good fight is
bankruptcy court.
It's sad, but that is the way it works. You have to know how to find the right
lawyer.
Here's how: -- http://www.franchiseremedies.com/articles024.htm GETTING THE RIGHT LAWYER AT THE RIGHT TIME
If you don't listen to anything else.....
Submitted by 20yearzee on Mon, 2008/02/04 - 10:55.
Please listen to Solomon's post above.
He has given you such great wisdom here, and I am a former franchsee that wants to stand up and tell all of you potential zees and those that are in trouble that this is the best advice you will ever get - and it was free.
And, no, I am not on Solomon's payroll, but I have "been there and done that"
and spent hundreds of thousands of dollars paying for the experience.
I have experienced the pain of litigation, going in thinking we were going to
win because our opponent was so clearly "wrong", and finding out it just does
not work that way. I have had process servers show up at the front door of my
home at 7 a.m. on Sunday morning because the other side so wants to use the
power of intimidation.
Many franchisors have their own team of attorneys (either in house or out) that are experts on the franchise agreement and how to enforce it. Once you get into the courthouse, you will see all kinds of motions and arguments that are about the legal system, not about your case. You get to pay for those.
You also need to consider that once you are in litigation, any negotiations you have been involved in with employees of the zor are over. Many times, the zor turns the case over to its attorneys, and you will not see the zor employees again unless you are in the courthouse.
It is a roller coaster of emotions that will tax the sanest of folks, especially if you are trying to run your business (which may be in trouble) at the same time you are trying to figure out the legal process. Most of us are not prepared for this kind of pressure. You get through it one day at a time.
When you hire the right lawyer, the one that knows what is going to be thrown at you, some of the stress can at least be blunted with information. If the attorney is any good, they will have you well prepared for the enormous barrage of legal complexity that will be coming your way.
If you are going into battle, go with the best. Do not think that your family
attorney, whom you have known for 20 years, is equipped to take you into war
because you trust him or her. If they really care about you, they will talk you
into hiring an expert.
Compounding the Pain of failure
Submitted by Guest on Mon, 2008/02/04 - 11:39.
In a culture where you are "nothing" when you have no money and where "money" is the one great value of the country that we all agree on, the damage that is done to the psyche of the failed and failing franchisee cannot be underestimated. The trip from somebody to nobody is a river of pain and it is true that marriages are destroyed and health is ruined because a failing business is long-term stress and strain that few survive without deep and lasting scars.
We see in the suicide of Bob Baker of Quiznos how he was worn down and beaten, after fighting in court for years, by the forces and the law of franchise contracts that has nothing to do with fairness and justness to begin with. He knew he was defeated and he was sick in body and spirit and when ordered to "arbitration" in which the ZOR always wins, he had nothing left to fight for or to fight with.
In retrospect, the franchisee always understands that they should have done better due diligence. But! franchisees enter into franchise agreements with great "good" faith that they will be successful and as Richard Solomon warns so often, they don't know the hard and dirty game that they will be playing. They don't know that the odds are stacked in favor of the franchisor and that federal regulatory policy supports the franchisors, and that in the big picture, they are merely logs on the fires of development in the economy to serve the "greater good."
I have great respect for Richard Solomon whose hard truth is hard to take. But, yet he tells the truth. Sometimes, the best hope for the ZEE who has been cleaned out or who is facing failure is to declare bankruptcy and start again sooner rather than later.
Maybe a FREE check with a Debt Counselor like Jim Herst who posts on Blue Mau Mau helps to chart the escape ----but delay often only compounds the problems for the ZEES and compounds the pain for them and their families.
The constructive fraud of our public policy and regulation that permits ineffective regulatory policy that allows franchisors to sell unviable franchise products to the unsuspecting public is the real problem that needs to be addressed.
Profession psychic numbing
Submitted by Guest on Mon, 2008/02/04 - 12:53.
I admire anyone such as Richard who can continue to deal with this carnage, day-in and day-out; year-in, year-out.
To maintain your humanity, sanity, functionality, and sense of humour: Quite a trick. Cheap at twice the price.
'I came upon the idea...in trying to understand what Hiroshima survivors were describing to me. They would say such things as, "the bomb fell" -- or they would describe the experience they had: "I saw this array of dead and dying people around me. And I saw everything, but suddenly I simply ceased to feel anything."...It was as though the mind was shut off. And I came to call that psychic numbing.'
- Robert Jay Lifton, PhD
http://globetrotter.berkeley.edu/people/Lifton/lifton-con3.html
Les Stewart
Who you callin' old fashioned?
Submitted by 20yearzee on Thu, 2008/02/07 - 12:13.
I love to blog, and am well over 50.
I have to admit my cane gets in the way of the keyboard sometimes, and I can't
find my teeth cause I lost my specs, but still, I enjoy the opportunity to
discuss a subject I spent so much of my life dealing with!
By the way, how the heck do we explain 70 year old Solomon?
Young Solomon
Submitted by Bob Frankman on Thu, 2008/02/07 - 14:02.
"how the heck do we explain 70 year old Solomon?"
I suspect the mold was broken after making Solomon, who is 70 going on 18.
Richard has the secret...
Submitted by FuwaFuwaUsagi on Thu, 2008/02/07 - 17:50.
Solomon has found the secret...a way for 70 to go into 20...effectively, it
makes him immortal.
FuwaFuwaUsagi
Too bad
Submitted by 20yearzee on Thu, 2008/02/07 - 14:04.
If I had the mold, I would franchise him.
FranWhack Never Lies
Submitted by Guest on Thu, 2008/02/14 - 14:27.
'Tis true that Richard never lies and that he gives very valuable advice for "NADA" on Blue Mau Mau. If I were at Muldoon's, I would drink to Richard. We need to clone him and hand him out with UFOC's as part of the sales process.
If you need a good franchise lawyer - call this guy!
Submitted by Guest on Thu, 2008/01/24 - 21:34.
I have had the distinct pleasure of being represented by Richard Solomon (as a franchisee) in a very tough multi-unit situation that everyone thought we could not win. If you are a franchisee with problems, and need an attorney that knows his stuff - this is the guy to call. Frankly, before he is through with you, you will feel like you were put thorough a meat grinder, and may wonder why you hired him. You will shortly realize (after you recover from your wounds) that his preparation and knowledge will run circles around most franchise attorneys, and all non-franchise lawyers he is up against. Richard tells it like it is, not like you wish it was! Do yourself a favor and call this guy if you are a franchisee that can't see a way out - then put on your battle gear, and leave your ego and feelings outside the door, as they will only get in the way of your success in battling your franchisor!
Richard--Well
Submitted by Markdubinsky on Thu, 2008/02/14 - 13:57.
Richard-- Well considered, excellent advice. Your extensive experience in this arena could benefit many with thoughts of ill-conceived legal battles.
DD Independent Franchise Owners, Inc.
Mark A. Dubinsky, President
mark@ddifo.org
Congrats, Richard
Submitted by Don Sniegowski on Fri, 2008/02/22 - 00:49.
I want to congratulate our very own Mr. Solomon in having the article above appear on the front page of AllBusiness.com. AllBusiness is discovering what we knew a long time ago - how straight-shooting Richard is. Our readers are greatly appreciative of Richard's candor.
Don Sniegowski
wish I would have had this earlier
Submitted by Guest on Wed, 2008/02/13 - 21:06.
nm
Funny and true, Muldoon
Submitted by Nick Bibby on Fri, 2008/02/22 - 13:02.
Just so that no one can say you lie, I lived it with you. It was a trip, an education, and frankly, an important part of my life.
Nick Bibby is a franchise consultant and principal of the Bibby Group.
Gallows Humor from Seamus Muldoon
Submitted by Guest on Fri, 2008/02/22 - 12:50.
Thanks for this "Gallows" Humor. If it weren't for humor, life would be endlessly grim. The release of the "laugh" along with the other releases provided by nature cannot be overstated.
I am happy to report that it made me laugh and then right after my good laugh, I was mad as hell again. Your gift with words has made me cry with laughter more than once and this is your gift to me and the others who read Blue Mau Mau.
I know you remain on the ZOR list of THREATS to the status quo and you are indeed "one of a kind" -- Seamus Muldoon! I hope the wine and the laughs and the good company at Muldoon's tonight will fill your heart with joy!
Make sure "model" is not return to slavery -CONSULT
Submitted by Guest on Thu, 2008/02/21 - 14:08.
Sir! I agree with your last paragraph. I agree that we have to do something to provide employment opportunities in our communities and in OUR Country. We need to ask help from God and to help ourselves.
Franchising provides franchisors with cheap labor and cheap "venture" capital. You need to be truly educated by an expert like Richard Solomon of Franchise Remedies before you even think of investing in franchise opportunities. The franchise model is built on ensuring profits for the franchisor by transferring the risk to the franchisee.
Franchises are NO MORE SUCCESSFUL than small independent businesses and the Church would be much smarter to back small independent businesses than make franchisors rich. Please call Richard Solomon of Franchise Remedies and read his essays on Franchising.
Again Solomon speaks
Submitted by Do Diligence on Sun, 2008/03/16 - 13:00.
with great wisdom. Zees and future zees should read all his posts. He is direct and that is why I love to read what he writes. Thanks!
Solomon-san writes: Vetting
Submitted by FuwaFuwaUsagi on Sun, 2008/03/16 - 16:26.
Solomon-san writes:
Vetting the business risk has to be part of due diligence or is just isn't due diligence.
My reply:
Highlight it, memorize it, digest it. Solomon has it right.
FuwaFuwaUsagi
I read some of his articles on his web page
Submitted by Do Diligence on Wed, 2008/03/26 - 11:37.
Every franchise wanna be should read them. Excellent reading.
Submitted by Guest on Fri, 2008/04/04 - 17:29.
Again, we have to thank Richard Solomon for sharing his truth and sage advice with the readers of Blue Mau Mau in both of his articles that have appeared today on his Blog.
His LET THE BUYER beware advice is strong warning that franchising is not what it appears to be, and that there is no substitute for vetting the offer with an experienced and knowledgeable franchise attorney.
Richard Solomon even opines that the average attorney is not qualified to VET the franchise as to its investment worthiness and that just reading the contract and explaining the legal terms is not enough, and leads to great grief for the unprepared franchisee.
He explains how complicated it is for franchisees to survive in the "do as your told" atmosphere of the franchise relationship and what each can expect and should expect from the other.
Richard has been on both sides of the fence in franchising and his perspective is enhanced by his long involvement and experience in the on-going conflict inherent in the franchisee-franchisor relationship.
If you are going to war, take someone like Richard Solomon with you!
GREAT LEGAL COMMENTARY- A MUST READ!!!!
Submitted by 20yearzee on Fri, 2008/04/04 - 17:05.
Read this post about 20 times. You will get something new out of it each time. This is the legal explanation you need to know about franchisor enforcement of rules, procedures, and ever changing policies. It will help you understand how complex the relationship is, and what your rights may/may not be.
As a long time franchisee, I highly recommend this all of you in, or about to be in a franchise relationship.
This is true gold.
Thanks, Richard!
Add a factor to the mix that doesn't seem to be recognized yet.
Submitted by Richard Solomon on Thu, 2008/05/01 - 02:41.
Is the potential investor's reluctance produced in major part by defective motivation on his part?
Is the reason he is looking at franchise investment the fact that there is really a personal desire to become a business operator, or is the reason he is here really that he fears unemployment/loss of job with poor/lessened prospects for re-employment.
There are other intangibles at work that "myth" lists fail to address.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis
Solomon upside-down
Submitted by Paul Steinberg on Thu, 2008/05/01 - 09:27.
Solomon writes: is the reason he is here really that he fears unemployment/loss of job with poor/lessened prospects for re-employment Even Solomon has occasional flashes of genius.
The franchise industry has marketed aggressively to this purchaser demographic for the past 2 decades, and in so doing may have selected people who are actually highly risk-averse. We all know that the demographic targeting exists, but have not paid attention to the implications for franchisee suitability.
Several BMMers have commented on the importance of selecting who is allowed to purchase a franchise, and Solomon has turned the traditional logic upside-down with an insight which is both obvious and yet unexplored
From: Haikeemn
To: RichardSolomon
Subject: I appreciate your candor Date: Mon, 2008/05/05 - 10:56
I just read your blog title "Franchise Investment Due Diligence In Hard Times" and was completely captivated by your honesty.
I had been interested in buying into the Taco Del Mar Franchise, but stumbling upon this site and speaking to some victims brought me to reality. I began thinking of other franchising options, but after reading your blog it my apprehension is warranted.
I would like to thank you for your comments, even though it may not have been in your best interest to say them.
Thanks
The CYA standard.
Submitted by Sleep Tight on Tue, 2008/05/13 - 11:55.
The only standard being applied around the Cuppy's controversy is a big cup of CYA.
To the esteemed members of the ABA hanging out on this site: this is why blood-sucking lawyer jokes never grow old.
Why is it so hard for you guys to call a spade a spade? Of course, it's probably just me as i am but a poor ignorant little businessman...
Solomon is exempted from this characterization as he seems to know what a spade is and calls them out with no bias.
Richard Solomon, Esq.
April 30, 2008 by franchisefool (Les Stewart – Canada)
This is perhaps the best posting I have ever read on Blue Mau Mau. You should copy this out because this Texas attorney knows his stuff.
I want everyone to consider that there are legions of mean, nasty, dishonest people out there in franchise land just waiting to tear your heart out.
To me it is less meaningful to be sympathetic to their victims than it is to be tough about putting out a tough message so that people don’t get caught up in touchy feely shit. People need to approach every investment opportunity as a war event, not as some kind person there to help you get rich. You have no idea how mean and nasty spirited people can be when it comes to a chance to take everything you may have accumulated during your life and leave you bleeding in some gutter.
That’s reality - not all this sympathetic crap. Know your enemy. Your enemy gets into your knickers by pretending he is there to help you. There are people out there so mean spirited that they actually rejoice in your suffering. They compensate for their own inadequacies as human beings by cheating you. You can’t tell the difference between good and evil in franchise sales techniques. You can’t tell the liars and cheats from the real investment worthy opportunities.
Forget about sympathy. Sympathy will not protect one person from being robbed. A real war attitude can provide protections that your notions of fairness and equity can’t even begin to address.
You address every investment opportunity as an attack upon your assets. No one gets over that wall without being subjected to intense fire. They have to prove - not just say - that they are investment worthy. You don’t know what that proof consists of. If you make investment decisions in franchise opportunities without the assistance of a really tough due diligence resource, you can expect to join the long line of victims who you read about in here every day.
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School.
I have the utmost respect for Solomon’s approach.
It's All About Risk All of the Time
Submitted by Guest on Mon, 2007/12/24 - 15:48.
From the outside looking in, I think Richard Solomon tells the truth.
I think the AAFD does a good job in what is trying to do for franchisees and franchisors but could the AAFD have a conflict of interest as an organization who awards their Seal of Approval to franchisors who want to sell their franchise based on their Seal of Approvasl and the SBA Registry status? Those mature and visible franchisors who don't need a Seal of Approval to sell their franchises won't bother to submit their contracts for approval to the AAFD ---unless they are trying to recover from bad public relations (as was, perhaps, the case with Midas).
I think Richard Solomon is indicating, as always, that you have to Vet the entire deal for clients, past and present and future, as regards the interests of the potential investor and client in the franchise that is being sold. Richard appears to be saying that the AAFD is in the position of only dealing with part of the problem in the due diligence process.
I still think Richard's $1000 offer of NEGATIVE Consult on a Franchise is the best deal in franchising and, of course, at the time Richard does a negative consult, he offers his "consult package" to clients if they decide not to buy the franchise based on the negative aspects of the deal, or if they decide that it would be cheaper in the long run to buy a package consult of more than one franchise to begin with and forget the negative consult. Richard will give only negatives that can be substantiated by research and statistics and interpretation of the research and the statistics, and the client is free to act on this research. There is a difference between providing a negative consult for $1,000 and a package consult on more than one franchise opportunity ---but Richard Solomon's offer is still the best deal around for those potential franchisees who have been doing their own research and due diligence on a franchise offering.
If potential franchisees are almost 100% sure that they have done their homework and they have found the right franchise investment for themselves ----but still there is something in the back of their head that bothers them ----the $1,000 spent with Richard or the AAFD might be the best $1,000 they every spent.
Merry Chirstmas every one and you have my best wishes for a Happy 2008 if you have a franchise opportunity in your stocking this year.
The FranWad Manifesto
Submitted by Sean Kelly on Mon, 2008/07/14 - 20:18.
May I humbly suggest that while you all discuss the idea, the agenda, the tropical & alluring locale of this aborted meeting, you are overlooking the real pearl here. I refer, of course, to the title: The FranWad Manifesto.
It is one of the great titles of all time - it reeks of genius, boldness, magic, and more than a little Jameson. I don't know what it is or is destined to be, Richard... A bestselling nonfiction masterpiece, an epic movie, a one-man play or even a list of typewritten demands for the release of hostages, but it could be your legacy.
It has the sound and feel of the classics: Mein Kampf. War & Peace. The Wapshot Chronicles. The Federalist Papers. The Franwad Manifesto. In the Kitchen With Dahmer. A Confederacy of Dunces. Franchising in the Economy. The FranWad Manifesto.... I'm fairly certain thefranwadmanifesto.com is still available if you act fast.
the FranchiseFool
UNDERSTANDING FRANCHISING by Les Stewart MBA
On the Nature of Tyranny
Oz banker writes off its own franchisees’ loans
Get Smart. Get Solomon on franchising
Richard Solomon is an experienced U.S. franchise lawyer. His Franchise Remedies website is a very valuable educational resource. Everyone should bookmark it.
Especially spouses.
If you are thinking of investing (as a family) in a franchise, you will want to use Solomon’s FranWhack service. Priceless. Solomon has several Franchise Fraud Symposium Articles that are just excellent.
Want to know how the lenders try to cover their breaches of lending duty or how franchise agreements create A License to Lie, Cheat & Steal? or how immigrants are targeted in franchising?
Words of wisdom from someone who was there when franchising was just a kid.
Catch Solomon as a regular Blue MauMau contributor (ie. The FranWad Manifesto column and discussion).
Get Smart. Get Solomon.
Tags: Richard Solomon, Blue MauMau, FranchiseRemedies.com, FranWhack
This entry was posted on July 14, 2008 at 8:25 am and is filed under Bankers, Class acts, Predatory franchise lending, Writers. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
2 Responses to “Get Smart. Get Solomon on franchising”
1. Carol Cross Says:
July 14, 2008 at 12:57 pm
As the wife of a failed The UPS Store franchisee, I have been educated by the honest and no BS tutorials of Richard Solomon of Franchise Remedies, the writings and insight of Les Stewart of Franchise Fool, and Paul Steinberg, author of “Beguiling Heresy,” an excellent study of the franchisee-franchisor relationship and the status quo of the law under captured regulatory policy. I also read Canada’s Michael Webster whose own research is dedicated to warning prospective franchisees about the rampant fraud and dangers in the industry of franchising.
Richard Solomon’s “Fran Whack” is probably the best “due diligence” vehicle in franchising today for those who are about to sign a long-term contract that will change their lives forever. (And, if the odds were known, the odds would not be good that this will be a rewarding change.)
There IS cooperation in the status quo to hide the very great dangers of franchising from franchisees and to promote franchises as a safe solution to “a business of your own” that will provide a job, as well as profits.
“Fran Whack” is a negative consult only and if there are negatives, Richard Solomon will find them, and then the prospective franchisee can weigh the positives against the negatives and make an “informed” decision.
Richard Solomon is not altruistic and works both sides of the fence in franchising but I believe that he priced the negative “Fran Whack” at only $1,000 originally with the view that both those prospects who did their own due diligence and those who used their own general attorneys (who were not experts in franchising) would greatly benefit from a “negative” consult before they put their signature to a long-term franchise agreement that could change their lives for the worse, and from which there is little change of recovery. .
Every prospective franchisee who thinks thay have found an answer to their problems of a job and income needs a negative consult with an expert who will concentrate only on the negatives of the purchase for the purchaser and who has no conflict of interest when assessing the negatives of the purchase. Richard Solomon pointed out that so often a prospect’s own attorney may not be qualified to assess the risk of the investment for his client and that the clients often are not willing to pay for anything other than a “reading” of the “contract” and are not willing to pay their attorney for investigation and vetting of the purchase?
In franchising, it is very dangerous to “Accentuate the Positive and Eliminate the Negative” —–LET THE BUYER BEWARE!
Checks, balances and healthy relationships
Submitted by Guest on Wed, 2008/08/27 - 13:37.
This is such an important issue for all of franchising and Richard's advice should be heard and acted upon. The only people who would object to any franchisee association would be the opportunists or those who don't understand the value to good franchising of such associations.
It is all about communication and every quality franchise system will achieve great long-term benefits when there is a forum to better understand each other.
Thanks Richard! I would have liked to have seen this important article stay on the BMM front page a lot longer. I direct many people to it [and will continue to].
Cher B
Competence in the marketplace of franchising
Submitted by Guest on Sat, 2008/09/27 - 15:56.
Obviously, franchising has been part of the bubble that has burst and there will be some in Big Franchising who will go down, perhaps, if the Rescue Package to be passed next week doesn't give them some relief.
Predatory lending, securitization of royalties and leases, etc.. will now take their toll. I read recently on Goliath or one of the legal sites that in May of 2008, several big franchisors had plans for 2008 to securitize royalties, and that the securitization of royalties allowed franchisors to save money long term, over the traditional methods of raising money.
Richard Solomon tells the TRUTH ---There is now great incompetence in the marketplace of franchising. These are dangerous times for franchisors and especially dangerous times for franchisees who will become victims if they don't do their due diligence with experts like Richard Solomon, and other franchiSEE attorneys.
As Richard Solomon so ably demonstrates in his article. The Regulation of Franchising is a joke that can become a tragedy of great proportion when prospective buyers of franchises buy franchises based on the appearance of government oversight of the industry and the government disclosure document.
Franchisors do survive recessions because of their visibility in the economy and because of their ability to churn units within their systems out of view of new buyers of their franchises.
LET THE BUYER BEWARE
Create Your Blog Here As Well
Submitted by Mr. Blue MauMau on Sun, 2008/11/09 - 10:27.
Guest,
I hope that you might post a blog on Blue MauMau as well. We are set up to accommodate your own franchise-related blog page.
To do so, register on the site (top right hand corner of the page). It's free. And then click the top menu, "Share Info!
You immediately have two benefits for registering. First, you can email Richard privately through the Blue MauMau internal email system instead of having to post messages to him publicly. Second, by being a registered member (free), you can now create your own blog and buying column on Blue MauMau. Cross-posting is welcome.
For example, Mr. Richard Solomon's blog on Blue MauMau can be read here. There is a link to his blog under every one of his articles.
Mr. Solomon is popular here because he is known as a straight-talker. Our readership may not always agree with what is written, but they can sense authenticity—when someone posts advice as they really see it. That's rare in this industry so when the community finds such voices they tend to gravitate to it.
Your Attorney may think he can handle franchise situations
Submitted by 20yearzee on Sun, 2008/12/21 - 12:56.
Do your homework before you ask your (already retained) attorney about Solomon.
Here's why. When I discovered I was going to be fighting my franchisor, and needed a franchise specialist, none of my attorneys had a good recommendation (and one felt he could "handle it"). They had almost no franchise experience.
I decided to begin a search for one on my own, and came upon Solomon's website. I read every article he had published on various franchising and legal issues.
I sent Mr. Solomon a very long and detailed email on my situation. Mr. Solomon answered almost immediately, and it was pretty clear to me that he understood what was going on. We corresponded for several days (Solomon called these exchanges "fireside chats") and finally, Solomon suggested we talk on the phone, which we did.
It took my several attorneys (and myself) a while to become accustomed to Richard's "no nonsense" style, and to embrace his not always welcomed "tough love" approach. If you have an ego, Richard will take care of it for you.
If you asked these attorneys today, they would all tell you that there could
not have been a better choice
for our situation than Solomon, and he is given credit for a large share of the
success we had in our case.
These attorneys were not very enthusiastic about hiring a franchise specialist at first. You must be convinced to convince your own attorneys.
Remember, it is always YOUR money that is lost. Do your homework when hiring your attorney.
Ray it is hard to find excellent lawyers
Submitted by Do Diligence on Tue, 2008/12/30 - 01:44.
Do you think they grow Solomon on every tree? Wish we could clone him and all the lawyers on BMM.
Do you obviously haven't seen their photos?
Submitted by Ray Borradale on Tue, 2008/12/30 - 02:16.
You are right; it is extremely difficult for the everage lay-person to research who is really capable to represent you in franchising ... unless of course you ask the questions suggested by Richard.
Attorneys who work both sides
Submitted by Guest (not verified) on Wed, 2009/02/25 - 13:16.
Agreed! There is no better example than Richard Solomon, who has worked both sides of the fence!
Never let it be said that Richard Solomon doesn't tell it like it is on both sides of the fence and therein lies the value of his counsel. His "no BS" tutorials that appear on his website, Franchise Remedies, should be passed out with the state franchise disclosure documents given to prospective franchisees ---especially the tutorial that deals with the contract that can be a license to lie, cheat, and steal in the hands of a franchisor who wants to lie, cheat, and steal.
Flip Flops & Straight Talk
Submitted by Guest (not verified) on Thu, 2009/03/12 - 13:23.
I'm with Richard Solomon, Franchise Remedies, on this one. Fran Whack is never wrong.
Just wanted to ask Nick Bibby if he thinks we are returning to "the blue suede shoe" days that existed pre FTC Rule, and that he implied were cleaned up by the FTC Rule on the All-Business Podcast ---or did I misunderstand? What is the difference between the "blue suede shoe fraud" we saw pre FTC Rule, and the fraud that exists today? Obviously, in my opinion, the fraud we see today is committed under cover of federal and state government regulation, the FDD, is it not?
Richard Solomon indicates in his excellent tutorial "Franchise and Business Opportunity Fraud" that can be read on his website, Franchise Remedies, that, in part reads:
"Franchising and business opportunities have had their very bright success stories. They were always rare. They are even more rare now. There is a saturation of concepts such that most offerings are just knock offs of concepts that may be found all over the place---------------------------------Today around eighty percent of new franchisors fail" ------------
I know you are NOT a broker, Nick Bibby, and that you work for the client only, but, as you say, "you are not privy to a great deal of insider information" and that your "analysis can't be terribly accurate" etc. which means that you do your due diligence work for the client on the Franchise Disclosure Document to the best of your ability, et..but the disclosure document isn't very helpful, or what?
Carol Cross
FranWhack is Right
Submitted by Guest (not verified) on Wed, 2009/03/18 - 11:54.
As always, Richard tells it like it is. With the growing presence of computers in Americn Homes, the public has their own "printing capability" and the sale of home printers has increased. Businesses do a lot of their printing in-house, as well, if it is cheaper for them to do so.
This saturated sector will go down hill even faster so why is the government trying to prop up unsustainable business operations?
Will the NEW 90% guarantee on SBA Loans mean that the government will again subsidize franchisors who are selling unsustainable franchises to the public because the 90% guarantees means that the same "special interests" can't lose because the taxpayer and the franchiSEE will pick up the bill?
Carol
“Richard Solomon has been our attorney for nearly a decade. We first retained him under very stressful circumstances for our company. Richard was quick to respond and brought our case to a swift resolution. Since that first case, we have been back to him on a regular basis for consultation and legal work. As the CEO, I consider Richard to be a vital and trusted advisor. I heartily endorse Richard Solomon, esq..” August 21, 2008
Top qualities: Great Results , Expert , High Integrity
Alan Dessy
hired Richard as a Attorney in 1999 , and hired Richard more than once
Richard is right
Submitted by simon young on Mon, 2009/04/20 - 04:58.
Australian Trade Practices law (governing franchising) inlcudes a section that says a representation made about a future matter without a reasonable basis is a breach of the Act and allows the disadvantaged person to seek damages.
Even more useful (this is a legal bit, but don't switch off!) the onus of proof is reversed once it has been established there has been a representation made about a future matter (for example, earnings information or that the franchisor is solvent etc etc). This means that the franchisor has the burden of proving that they had a reasonable basis for making the statement.
As usual, the remedy is only available if the franchisee can successfully navigate their way into Court and even if they win, they will probably lose if the franchisor has no money.
As an aside, the Kleenmaid collapse is eerliy similar to the Kleins collapse in 2007; both offered earnings guarantees (but if you asked for personal guarantees to back this up you suddenly weren't the type of person they were looking for). Unless you had the 'Solomon' brand of killer DD there was little chance of avoiding the iceberg.
Having had limited dealings with Kleenmaid, I do not beleive they were rogue franchisors but were more likely victims themselves of the current economic climate - they sold premium imported products and could not handle the terminal spiral of diminshing returns.
They won't be the last.
FranWhack is Right
Submitted by Guest (not verified) on Wed, 2009/03/18 - 11:54.
As always, Richard tells it like it is. With the growing presence of computers in Americn Homes, the public has their own "printing capability" and the sale of home printers has increased. Businesses do a lot of their printing in-house, as well, if it is cheaper for them to do so.
This saturated sector will go down hill even faster so why is the government trying to prop up unsustainable business operations?
Will the NEW 90% guarantee on SBA Loans mean that the government will again subsidize franchisors who are selling unsustainable franchises to the public because the 90% guarantees means that the same "special interests" can't lose because the taxpayer and the franchiSEE will pick up the bill?
Carol
Brilliant
Submitted by Franchise Architects on Wed, 2009/05/06 - 20:51.
Richard,
Once again you are brilliant.
If a concept or business model does not validate at the consumer level, it should not be franchised. There is no hope at the franchise level unless things change.
Franchising is a "bottom-up" concept. Consumer level first and then franchise level. Not the other way around.
I agree with your comments.
Craig Slavin
Franchise Architects
Franchise Navigator
847-465-0111
PON and Richard
Submitted by michael webster on Wed, 2009/06/03 - 18:46.
Ray, all you need to know is that John Sotos in Toronto called Richard "a genius". John is a leading franchisee attorney, and he spoke those words directly to me.
But, I entirely agree with your observation that the franchisor and IndFA need to acquire these skills before things get rough. Always hard to sell novel insurance products, though.
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News
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