Franchise law is bar’s newest legal specialty
For the first time in 12 years, the State Bar has added to its list of bar-certified
legal specialties, this time in Franchise and Distribution Law. The inaugural
Franchise and Distribution Law exam, which marks the first step toward achieving
certification, will be given Aug. 12.
“Given the complexity of law in this area and the importance of franchise
and distribution law to consumers in this state, we thought it was important
to establish this specialty,” said Stafford Matthews, chairman of the
Franchise Law Consulting Group for the State Bar.
Matthews noted that besides being a complicated and expanding area of law,
more than 50 percent of “normal, everyday transactions have some franchise
component.” The definition of franchise, he added, “is very broad
and can apply to normal commercial relationships where both parties aren’t
even aware that they’re franchises under the statutes.”
“We believe this is a service for California consumers because of the
number of franchises,” said Phyllis Culp, director of the State Bar’s
Office of Special Admissions and Specialization. With the addition of Franchise
and Distribution Law, the State Bar offers certification in nine areas: appellate;
bankruptcy; criminal; estate planning, trust and probate; family; franchise
and distribution; immigration and nationality; taxation; and workers’ compensation
law.
To be certified as a specialist, California attorneys must pass a written
examination, demonstrate a high level of experience in the specialty field,
fulfill ongoing education requirements and be favorably evaluated by other
attorneys and judges familiar with their work.
With the exam in August, the first franchise law specialty could be certified
in 2008, Culp said.
Certification, said Matthews, “provides a certain benchmark for expertise
. . . As part of the Franchise Law Consulting Group, we encourage anyone with
an active practice in franchise or distribution law to consider qualifying
for the specialty.”
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