Appointing an agent or becoming an agent creates a relationship that needs to be understood from a legal perspective. LK Shields Solicitors prepares and provides advice on all aspects of agency agreements. The scope of our work includes providing advice on:

• the formation of the relationship;
  
  
• the rights and duties of the parties,
  
  
• the requirements set out in European and Irish law;
  
  
• intellectual property;
  
  
• agency in regulated industries, such as insurance and financial services; and
  
  
• competition law.

The firm has specialist knowledge on Council Directive of 18th December, 1986 on the coordination of the laws of the Member States relating to Self Employed Commercial Agents (the "Directive") and the implementation into Irish law of this Directive by virtue of the European Communities (Commercial Agents) Regulations, 1994 and 1997 (the "Regulations").

The Directive and Regulations are significant both from the principal's and agent's perspective in various respects. They impose an obligation on a principal to pay a "commercial agent" compensation for damage in the event of termination of the agency. Compensation for damage payable by a principal to the agent is not based on fault and there appears to be no duty on the agent to mitigate his loss. The firm has acted for the plaintiffs in the first case in Ireland to result in a detailed ruling of the High Court on the definition of a commercial agent for the purposes of the Regulations. We have considerable experience and knowledge in managing this aspect of the agency relationship.

Franchising is a key means of bringing branded products and services to market quickly, and on a global scale. Our lawyers are very familiar with the issues which arise when dealing with franchise and distribution agreements, including in the related areas of technology, intellectual property, competition, property and litigation.

Our clients, both franchisors and franchisees, operate in product and services industries, demonstrating the increasing diversification of the franchise model both in Ireland, and internationally.

Advice and services that we provide to our clients include the following:

• structuring and documenting franchise and distribution models, including master and unit agreements and collateral documents;
  
  
• advising on measure to achieve compliance with Irish and EU competition and regulatory laws;
  
  
• advising on 'co-branding' relationships;
  
  
• assistance in managing expansion into international markets, joint ventures and other structures;
  
  
• advising on distribution and franchising models that are industry specific, including IT reseller arrangements, software distribution methodologies, medical and healthcare products and services;
  
  
• advising franchising and distribution companies with respect to the impact of developments in technology on their franchise and distribution relationships, including ecommerce and licensing issues;
  
  
• restructuring and amending existing franchise and distribution relationships;
  
  
• addressing problems encountered in franchise transactions and advising on ways to improve franchise and distribution relationships;
  
  
• managing franchise and dealership terminations;
  
  
• developing supply programmes for franchisees and distributors, and documenting deals; and
  
  
• advising companies that provide services, goods, materials and supplies to franchise networks.