Soliciting former employer's clients...
I work for a registered investment advisory firm in California, and I'm looking to either go to another firm or start my own firm. Here are the facts:
1) There is NO non-compete or employment agreement of any kind in place. There is not even any kind of verbal agreement that I will not compete or take clients.
2) I'm paid as an independent contractor, though I am a "regular" employee of the firm.
3) I have developed strong relationships with many of my current firm's clients, and I would like to solicit them once I have left my current firm. I met all of these clients and gained access to their contact information while working for my current employer.
Is there anything to prohibit my soliciting these clients once I leave my current firm?
Thank you!
DJ
Answers (1)
your question reveals that you have a very serious and important project in which you wish to invest - your own company. i note from your question description that you are not willing to pay a consulting fee to an attorney. as this is not my subspecialty and i am not angling for a retainer, i'm in a position to advise you that you should reconsider that position.
the presence or absence of a noncompete agreement is not the only element to consider when going into competition with a former client (as you are an indy contractor, you are not an employee, but in business for yourself already). customer lists ordinarily are considered protected trade secrets. how you go about soliciting these people may very well determine whether you are successfully sued or not. you really need to discuss this with an attorney experienced in the field of unfair competition. i recommend that you look at the cal employment lawyers website (celaweb.org) for the names of attorneys in your area.
good luck
janet m. koehn
805-658-0655
posted by Janet M. Koehn | Apr 24, 2003 8:00 PM [EST]
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