162 Cubism Law DSAR 2/3/07 12:54 pm Page 1
The secrets of
successful franchisors
F
ranchising can be a dream. Law. The firm is a specialist franchise expect from everyone that works in my
However, throw together cash, disputes law firm and prides itself on firm,” he says.
contracts and a group of people charging according to productivity and To ensure such high success rates,
from different walks of life and you’re results rather than hours clocked up. Cubism takes its clients through four
bound to have difficulties “At the end of the day, I stages. Firstly, Andrew says, Cubism
alongside the successes. believe a client should pay focuses on understanding the
So how do you ensure the proportionate to the result franchisor’s business and commercial
successes outweigh the achieved. We can work by objective. “We invest in really getting to
difficulties? And how do the hour but we are also know the franchisor and their business.
you stop the difficulties happy to agree a monthly Spending this time is invaluable and we
turning into disasters? fixed fee or, for the right never charge a new client for that.”
Andrew Pena, claim, work on a no win-no Secondly, Cubism prepares a strategic
Managing Partner of fee basis. We will also cap plan. Andrew says this is all about
Cubism Law, knows our fees or offer clients creativity - finding the best route to get
better than anyone. abatement if we don’t get the solution quickly and cost effectively.
Having acted for some of
Harvey White (L) &
the right pre-agreed result.” Then Cubism puts the plan into action to
the UK’s leading
Andrew Pena
The upshot? Cubism achieve the result. The final stage
franchisors, he says the Law is exceptionally involves learning from the experience
key is to get on top of franchisee focused on getting results. “We try to and working with the franchisor to
problems before they escalate. bring a bit of creative flair to the tweak aspects of their business to
“Franchising is a great way to expand a litigation process,” explains Andrew. prevent the same problem occurring in
business,” he enthuses, “however we all “We take a harder-edged, more strategic the future.
know that some franchisees can be approach than traditionally used by law Andrew’s partner Harvey White
difficult to manage. One with a bad firms. We look at the franchisor’s adds: “You have to have a well
attitude can mean under performance, problem from all perspectives, especially considered plan when you’re dealing
loss of business, rabble rousing, commercial, and then head towards with corporate clients. Their bottom line
competition, franchisee rebellion and a resolution.” is all important and no franchisor should
ultimately litigation.” It’s a philosophy that paid off for one have to spend money on legal fees
So, do you run to the lawyer’s office of Andrew’s clients. “We had a few without knowing they’re going to
at the first sign of trouble? No, says franchisees that were simply not paying get results.”
Andrew. Well, at least not to just any their royalties and were attacking the “One client has started running a
lawyer’s office. “Law firms can have a business,” explains the established profit and loss account to measure how
pretty one-dimensional approach to franchisor. “We used a number of much money Cubism Law saves the
franchising disputes,” he explains. franchise lawyers but none seemed to company and brings in to the business.
“They generally also charge by the hour grasp the issue. Andrew took a strategic “They are the most commercial, results-
so regardless of the result, you end approach, and I am happy to say the focused lawyers I have ever worked
up paying.” approach worked really well.” with,” he says. “Recently, they got two
After almost 10 years as a specialist He is not the only one that has reaped claims against the company struck out
City franchise lawyer, including time as the benefit of Andrew’s expertise. In and we got virtually all of our costs
the Franchise Disputes Partner at leading almost 10 years’ litigating franchisor’s back.” Another achievement to add to
franchise law firm Field Fisher claims, Andrew has never lost at trial and an impeccable record.
Waterhouse, Andrew realised there was has won more than 90 per cent of his
a better approach and set up Cubism court applications. “That’s the standard I
FURTHER INFORMATION: Contact Andrew or Harvey at Cubism Law
Phone: 020 7583 7777
email:
andrew.pena@cubismlaw.com
www.cubismlaw.com
162 © Design 2007 The Franchise Magazine
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