IN FRANCHISING, as well as in many other fields, there is a tension between the legal and consulting communities. The consultants, say the lawyers, are rendering legal advice to their clients without having the proper credentials to do so. The consultants, on the other hand, deny this. The line between the two professions is often difficult to discern.

In the field of franchising, this blur in professional boundaries is well-illustrated in the recent decision from the Northern District of Illinois, Francorp, Inc. v. Siebert,[1] where the court strongly suggested, but ultimately did not definitively conclude, that consultant Francorp’s activities constituted the unlawful practice of law.

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