THE benefits of franchising are well documented, but those considering taking the step should do so following extensive research into the industry.

While franchising is not a guarantee for success, it is an opportunity to establish a rewarding business with the support of a network that is focused on success. Franchise lawyer Ivan Poole, from McLaughlins Solicitors, has advised franchisors for the past 30 years.

Poole says prospective franchisors should carefully consider the vast amount of time and focus required to successfully build the brand via the franchise system.

"For most business people, the transition from business owner to franchisor takes place over time," says Poole.

"Most business owners have a shop or a service that they are currently running themselves that they then decide to franchise. Virtually any idea, product or service can be franchised. The franchise itself is essentially a business quite apart from the actual business the person is looking to franchise. It requires time and energy, focus and tight controls which at the outset can be difficult, with the business owner still having to run the business itself simultaneously."

Poole warns there are areas where new franchisors can run into difficultly and that sourcing good legal advice is paramount to the success of the business when starting out.

"Good franchise advice doesn't end with the drafting of franchise documentation. Many franchise systems also benefit from having someone who can effectively mediate between the franchisor and franchisees before issues escalate," he says.

"I am often acting on behalf of franchisees and liaising with franchisors to either resolve documentation issues or to help them to exit the system with their business intact - albeit under a different name."

Poole says a grey area that has caused confusion in the past is the licensing and franchising issue. The introduction of the Franchising Code of Conduct has resulted in some businesses inadvertently becoming franchises despite it not being their original intention.

"They only need to comply with four key criteria to be considered a franchise under the Code and this can be a surprise for some business owners who suddenly discover their licensees can legally leave their system," says Poole.