Orlando Non-Solicitation Attorney

A non-solicitation agreement is very similar to a non-compete agreement.  As an Orlando non-solicitation attorney will tell you, however, it’s geared more toward salespeople and others in an organization who develop close ties with large numbers of clients through clients lists, spreadsheets and the like.  When these salespeople or employees leave an organization, they could take the client lists, spreadsheets and the like with them to use for a competitor or to start their own business.  

To stop this from happening, your Orlando non-solicitation attorney could draft up an agreement stating that, for example, for 2 years after the person leaves the company’s employment, they may not contact or attempt to contact any current or former customers or clients of the business for any reason related to soliciting them for a competing business.  

An enforceable non-solicitation agreement:  

1. Must be in writing and signed;  
2. Must be reasonable in length of time; 
3. Must cover a reasonable area;  
4. Must cover a reasonably limited area of business 
5. The non-solicitation agreement also must protect a legitimate business interest, which may include the following:

• Trade secrets 
• Confidential business or professional information—  
• Substantial relationships with specific customers, patients, or clients—This is the key provision for a non-solicitation agreement.    
• Customer, patient, or client goodwill 
• Extraordinary or specialized training.   
   

If your Orlando non-solicitation attorney can prove up that the employee had a “substantial relationship” with specific customers or clients, this would carry the day in proving a legitimate business interest to enforce a non-solicitation agreement.  Proving a breach of the non-solicitation agreement by your lawyer proves irreparable harm for purposes of proving up a case seeking a temporary or permanent injunction.