dot2.gif (158 bytes)AFA Standards for Affiliate Membership

In order to become an AFA Affiliate Member (i.e. legal or non-legal professional, or consultant who serves franchisees) read the following documents and complete and return to the AFA, the Affiliate Membership Application Form out an application.

AFA Standards for Affiliate Membership

I. Qualifications

1. For attorneys

A. The applicant must be a practicing attorney, who has been admitted to the bar of any state for a minimum of 5 years, and at least 1/3 of the applicant’s practice over the previous 3 years has been in the area of franchise law. The applicant’s franchise law practice shall have been primarily devoted to the representation of the interests of franchisees, dealers and distributors.

The AFA Affiliate Membership Selection Committee shall determine if an applicant practices in a geographical area where the 1/3 requirement would be impossible or impractical. If this is determined, the applicant shall have had at least 20% of his or her practice devoted to the field of franchise law during the 3 years immediately preceding the date of the application. This 20% shall be an average percentage so long as during each of the last 3 years, the applicant’s practice in the area of franchise law is at least 20%.

B. The applicant shall demonstrate substantial experience in franchise law and have worked to  improve the practice, elevate the standards and advance the cause of franchise law. Such efforts may include the following:


1. Educating franchisees, potential franchisees, the government, the business community or the public of the needs of franchisees;

2. Making specific and identifiable efforts to improve and promote the business conditions for franchising generally;

3. Making specific and identifiable efforts to protect the economic investments of franchisees;

4. Undertaking substantial activity or contribution related to franchise law;

5. Being a member in good standing of the applicant’s local, state or national bar association and the franchise or commercial law section of each association;

6. Being a faculty member of continuing education presentations in the area of franchise or commercial law;

7. Authoring published articles on franchise or commercial law;

8. Attendance at continuing legal education seminar(s) on the subject of franchise law, for a minimum of 20 hours per year; and

9. Faculty member for a law school course in the area of franchise or commercial law.

 

C. Each applicant must demonstrate a willingness to publicly support and promote the AFA Mission Statement, Standards of Practice for Affiliate Members and the applicant’s state’s code of professional conduct or equivalent ethical standards and must be currently in good standing with the disciplinary body which governs them.

D. The applicant must be recognized by the bench and bar in his or her jurisdiction as one who practices with honesty, integrity, and professionalism. Prior incidents of professional discipline or court/sanctions imposed shall be considered in assessing an applicant’s application.

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2. For accountants and other non-legal professionals or consultants who serve franchisees:

A. The applicant must be a practicing certified public accountant, consultant, or non-legal professional, who has been licensed or otherwise satisfied the required certification, if any, for his or her respective profession, for a minimum of 5 years, and at least 1/3 of the applicant’s practice over the previous 3 years has been in the field of franchising.

The AFA Affiliate Membership Selection Committee shall determine if an applicant practices or conducts business in a geographical area where the 1/3 requirement would be impossible or impractical. If this is determined, the applicant shall have at least 20% of his or her professional time devoted to the field of franchising during the last 5 years immediately preceding the date of the application. This 20% shall be an average percentage so long as during each of the last 5 years, the applicant’s professional time in servicing franchisees is at least 20%.

B. The applicant shall demonstrate substantial experience in the area of franchising and have worked to improve the practice and elevate the standards and advance the cause of franchising. Such efforts may include the following:

1. Educating franchisees, potential franchisees, the government, the business community  and the public as to the needs of franchisees;
2. Making specific and identifiable efforts to improve and promote the business conditions for franchising generally;
3. Making specific and identifiable efforts to protect the economic investments of franchisees;
4. Being a member in good standing of the applicant’s professional association;
5. Authorship of published articles on franchising;
6. Attendance at educational seminar(s) on the subject of franchising or related subjects,
for a minimum of 10 hours per year; and
7. Substantial activity or contribution related to franchising.
 

C. The applicant must demonstrate a willingness to publicly support and promote the AFA Mission Statement, Standards of Practice for Affiliate Members and the applicant’s state, national or professional association’s rules of professional conduct or equivalent ethical standards and must be currently in good standing with the disciplinary body which governs the profession.

D. The applicant must be recognized by his or her professional community as one who practices with honesty, integrity, and professionalism. Prior incidents of professional discipline shall be considered in assessing an applicant’s application.

II. Application and Admission Process

1. The applicant shall submit the AFA Application for Affiliate Membership, in its then most current form.

2. The application process may require that the applicant respond to questions and supply supplemental information so that the AFA Affiliate Membership Selection Committee can assess the applicant’s qualifications for membership;

3. The applicant shall submit to an interview, either in person or by way of a telephone conference, if requested, with at least two members of the AFA Affiliate Membership Selection Committee or its designee;

4. An applicant’s race, creed, color, national origin, gender or sexual preference shall have no bearing on an  applicant’s acceptance as an AFA Affiliate Member.

III. Waiver of Application Process

AFA Affiliate Members who are in good standing as of December 31, 1997 need not undergo the application process, unless his or her membership has been or is later suspended or revoked, in which case, the suspended or former member shall undergo the process delineated herein and agree to the provisions contained in the Standards of Admission for Affiliate Members.

However, all AFA Affiliate Members shall be bound by and subject to the Standards for Affiliate Members and the Standards of Professional Practice.

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AFA Standards of Professional Practice

Preamble
The primary purpose of the Standards of Professional Practice for AFA Affiliate Members (“The Standards of Professional Practice”) is to elucidate what constitutes a high standard of practice for individuals who are granted Affiliate Membership in the AFA. The Standards of Professional Practice do not in anyway supplant existing ethical codes that bind individual members in their home state. They are intended to supplement the ethical codes in matters unique to franchising.

1. Attorney and Accountant Competence
1.1. A lawyer, accountant, consultant or other professional who is an AFA Affiliate Member shall undertake representation only in matters for which they possess the necessary knowledge, skills and resources. A lawyer, accountant, consultant or other professional who is an AFA Affiliate Member shall not advise a client about a matter which he or she is insufficiently competent or experienced.

2. Client Relationships
2.1. A lawyer, accountant, consultant or other professional who is an AFA Affiliate Member shall keep all franchisee clients fully informed of all developments in their representation and promptly respond to letters and telephone calls and shall provide sufficient information to permit the client to make informed decisions.

3. Malpractice / Errors and Omissions Insurance
3.1. A lawyer, accountant, consultant and other professional Affiliate Members for whom such insurance is available, shall procure, at the latest upon admission into the AFA, and maintain thereafter continuously malpractice and/or errors and omissions insurance in an amount not less than $1,000,000. A certificate of such coverage shall be timely produced to the AFA upon request. The Affiliate Membership Committee may, in its discretion, modify this requirement and/or allow the applicant to post a bond or otherwise demonstrate sufficient means and resources to discharge any obligations or claims arising from alleged professional errors and omissions.

4. Relationship Between AFA Affiliate Members
4.1. An attorney, accountant, consultant or other professional who is an AFA Affiliate Member, shall refrain from deliberately interfering with the representation and/or other advantageous business relationship between another AFA Affiliate Member and his or her client, business contact or other beneficial relation, including but not limited to refraining from soliciting a professionally advantageous relationship with an individual, corporation or entity whom the AFA Affiliate Member is or should be aware is represented by an AFA Affiliate Member, without the full knowledge and consent of the other AFA Affiliate Member.

4.2. An attorney, accountant, consultant or other professional who is an AFA Affiliate Members shall interact with other AFA Affiliate Members in a collegial, cooperative and helpful manner, including, but not limited to, offering access to non-confidential, non-privileged  information, research, expert reports, experiences and resources for the betterment and promotion of the AFA Mission Statement,  Standards of Professional Practice for AFA Affiliate Members, and franchisee legal rights in general.

4.3. An attorney, accountant, consultant or other professional who is an AFA Affiliate Member shall undertake to actively promote and advance the interests of franchisees and franchisee associations. This includes but is not limited to fulfilling the AFA Mission Statement, in particular, acting: a) to represent franchisees in all industries in the development of franchising; b) to educate franchisees, potential franchisees, the government, the business community and the public as to the needs and requirements of franchisees; c) to improve and promote the business conditions for franchising generally; and d) to protect and enhance the economic investment of franchisees.

5. Relationship with Opposing Counsel, Professionals or Individuals in an Adverse Position
5.1. All attorneys, accountants, consultants or other professionals who are AFA Affiliate Members shall conduct themselves candidly, courteously and cooperatively in their relationships with opposing counsel, professionals or individuals in an adverse position.

5.2. Attorneys, accountants, consultants or other professionals who are AFA Affiliate Members should never deceive or intentionally mislead opposing counsel and should correct any misimpression caused by an inaccurate or misleading prior statement by the Member or his or her client. An AFA Affiliate Member should not induce or rely on a mistake by opposing counsel about matters agreed upon to obtain an unfair benefit for the client.

6. Discipline: Suspension and Expulsion
6.1. The AFA Affiliate Membership Selection Committee shall evaluate allegations or suspicions that an AFA Affiliate Member has:

a. violated any of the above standards of professional practice;

b. is about to or has been disbarred;

c. is about to or has hindered, deceived or brought disrepute on franchising, the AFA, or his or her profession; or

d. acted in way contrary to the AFA’s Mission Statement.

The Affiliate Membership Committee may, but need not, hold a hearing to evaluate a situation potentially in need of disciplinary action. The disciplinary action, if any, ultimately taken by the Affiliate Membership Selection Committee  relative to a particular AFA Affiliate Member shall be in the sole discretion of the Committee, but, must reflect the decision of a majority of the Committee members present and considering such action.

6.2. An AFA Affiliate Member’s name shall be removed from the rolls of  the AFA upon expulsion, disbarment, or if 90 days after mailing of the original bill for dues or other assessments, the bill has not been paid in full or if the required insurance coverage under section 3.1 is cancelled or not renewed.

6.3. Upon expulsion of an AFA Affiliate Member from the rolls of theAFA:

a.  all privileges of Membership shall end; and

b.  that person shall:

i. no longer hold themselves out as, or pretend to be, an AFA Affiliate Member; and 

ii. return to the AFA all evidence of Membership issued by the AFA, its officers, directors or related entities.

6.4. After expulsion from AFA Affiliate Membership, the former member may seek reinstatement by filing a petition with the AFA within one year following removal because of a failure to pay a bill, dues, or assessments, if and only if submitted with tender of full payment of all overdue bills, dues or assessments; or within two years following removal for any other reason. Upon receipt of a petition for reinstatement, the AFA or sounding board, shall determine:

a. if the petitioner is in full compliance with the Standards of Admission, Standards of Professional Practice and any other relevant AFA rule; and

b. what, if any, specific requirements shall be imposed as a condition of or in connection with reinstatement.

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AFA Mission Statement

• To represent franchisees in all industries in the development of franchising;

• To educate franchisees, potential franchisees, the government, the business community and the public as to the needs and requirements of franchisees;

• To improve and promote the business conditions for franchising generally; and

• To protect and enhance the economic investment of franchisees.

The American Franchisee Association
          MEMBERSHIP DOES NOT COST, IT PAYS.
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©  American Franchisee Association
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Chicago, Illinois 60605
Ph:  312-431-0545
Fax: 312-431-1469
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