Often franchise attorneys will say something like; All Franchisor Salesmen violate the earnings claims laws using the old cocktail napkin trick. They are referring to a salesman taking a prospective franchisee out for a drink and when the franchisee asks; How much money will I make if I buy this franchise? The franchise salesman writes a very high number on the napkin, without verified proof of such an earnings claim and this is against the law.

Whether or not this happens in a giving franchise sale the franchisee's attorney will purport that it did and that the Franchisor's salesman violated law and gave unsubstantiated earnings claims. Yet, those of us in the franchising industry know that when a franchisee fails, well generally there is a reason, as we know from personal experience that when franchisees fail to work hard in their businesses they do poorly. At which point they will make any claim possible to get out of their obligations in the franchise agreement, which will adversely effect a franchisor's brand name. That includes lying in court documents, to regulators and their private attorneys.

Shame on the franchisee attorneys for painting a negative picture like this of the franchisors merely to win cases; why do they peddle such comments? Oh yah, for the retainer fee. A little self-serving isn't it? One organization which protects franchisees or claims to is the AAFD for which I was a former board of director and I came away from that experience with the opinion that the organization is nothing more than a class action case incubator. Indeed, at a meeting once in New Orleans the attorneys were busy going to strip clubs on their off time? Real class act, let me tell you.

If anyone wishes to talk morality in franchising with me, BRING IT ON !!!! Let's talk truth, all of it. Negative comments using the cocktail napkin from franchisee attorneys is exactly what perpetuates over regulation in the franchising industry and ruins franchising. Needless to say this has very bad economic and small business implications in our nation. Caesar is sure looking good, ever wonder why people still quote him and say that in the present period?

Fear nothing, seek truth, real truth, not the perception based limited skewed view bias of political correctness or modified fabricated truth so the franchisee attorneys can continue their professional parasite fee on my industry. Go read Ayn Rand. Think on it.

Lance Winslow

Currently Lance is retired at age 40 and is running an Online Think Tank Forum while traveling North America. Perhaps considering something extremely challenging to do that will exercise his mind and utilize all his experiences, observations and skills. Any ideas?