In the March 2012 edition of the Franchise Times, Long Island partner Roger Quinland was quoted in an article titled “Targeting Attorneys” regarding the increase of franchise law malpractice suits being filed by franchisees against franchisors and their legal counsel and consultants. Over the last 20 years, the number of cases filed against franchise consultants who provided counsel without having proper licenses or experience jumped from 66 in 1991 to 214 in 2010.
In the article, Mr. Quinland explained that one of the biggest hurdles for a franchisee to overcome when suing a franchisor is establishing a “duty of care” to the franchisee. “Although a lawyer’s professional obligation to a client is clear, and a client can sue a lawyer for failure to reasonably meet those obligations, a franchisor lawyer’s duty of care is to the franchisor, because that is the client.”
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