At Lawyer Legion, we recognize the importance of board certification programs in Franchise and Distribution Law. These programs provide the public with a powerful tool for finding a qualified attorney.
In California, the board certification for Franchise and Distribution Law is awarded by the State Bar of California Board of Legal Specialization.
Only California attorneys board certified in Franchise and Distribution Law can advertise or identify themselves as "certified specialists" or "board certified" in California for that field.
The Rules Governing the State Bar of California Program for Certifying Legal Specialists govern the program requirements and should be read in conjunction with the standards for certification in Franchise and Distribution Law.
Among other requirements, the attorneys must pass the legal specialist examination, demonstrate substantial involvement, and complete continuing education requirements. Attorneys who are certified in California must apply for recertification every five years.
For more information on specialty certification contact the:California Board of Legal Specialization - Franchise Distribution Law
Under California's board certification program the standards and rules define various terms such as franchise, franchisor, and franchisee.
The term "franchise and distribution law" is defined to encompass matters involving franchise or other distribution relationships, and includes but is not limited to matters involving the the Seller Assisted Marketing Plan Act, the FTC Rule, the California Franchise Investment Law, the California Franchise Relations Act, and other similar types of industry-specific laws or state, federal or foreign laws.
“Franchise agreement” means a contract between a franchisor and a franchisee granting a franchise and governing the franchise relationship.
Under California's board certification program, the definition of the term “distribution agreement” is "a contract between a supplier and a distributor for the sale of or offer to sell goods or services, including but not limited to a license granted by a supplier to a distributor of the right to produce goods or services and to sell or offer to sell such goods or services."
Under California's board certification program the definition of "distribution" is "the sale of or offer to sell goods or services pursuant to a contract between persons operating at different levels of the production or distribution chain, including a license of the right to produce goods or services and to sell or offer to sell such goods or services."
The term “litigation” is defined under the board certification standards as "any case or controversy before a court or in binding arbitration, where the amount in controversy exceeds the current minimum amount for federal diversity jurisdiction; or formal adversarial proceedings before any governmental regulatory agency or bureau or tribunal, without reference to any monetary limitation."
The term “distributor” is defined to mean "any person who, pursuant to a contract with a supplier, sells or offers to sell goods or services directly or indirectly to the end-user, including but not limited to the licensee of the right to produce goods or services and to sell or offer to sell such goods or services."
The term “Supplier" is defined to mean any person "who sells or offers to sell goods or services to one or more distributors, including the licensor of the right to produce goods or services and to sell or offer to sell such goods or services."
An attorney seeking board certification in franchise and distribution law must demonstrate that within the applicable time period he or she has been substantially involved in the specialty practice area of the law.
The standards set out certain take requirements. Each task has certain points available. Completing the tasks in certain combinations constitute a prima facie showing of substantial involvement in the practice of franchise and distribution law. The various tasks include:
An attorney seeking board certification in franchise and distribution law in California must demonstrate that during the applicable period he or she completed the specified number of hours of continuing legal education activities specifically approved for franchise and distribution law.
The rules provide for certain alternatives to the written exam requirements such as speaking at approved continuing legal education seminars on the specialty topic area, authoring published articles or authoring a practice book or chapter in such book in the area of franchising or distribution law.
Franchise law is one of only eleven specialized practice areas recognizes as a Certified Specialty by the California State Bar.
A franchise and distribution law specialist can help you with the operation of your franchise, general business issues, and problems that come up when looking to buy or sell a franchise.
Franchise lawyers represent clients with disputes between franchisees with their franchisors. These attorneys also give advice to clients throughout the process of buying, selling or operating a franchise.
The search to find a franchise and distribution law attorney in California can be a daunting task. At Lawyer Legion, we make that task easier by properly recognizing board certified attorneys in our online attorney directory.
Use our directory to narrow your search to find only attorneys who have earned the designation as a specialist in franchise and distribution law.
This article was last updated on Friday, November 22, 2019.