Can a client reach out to me despite a non-solicitation clause?

Yes — most non-solicitation clauses only restrict your active outreach. If a former client finds you and wants to work with you, that's generally fine. The key is who initiated the contact. Keep records of how the relationship restarted — if your former employer sues, you'll need to prove you didn't solicit.

How long do non-solicitation clauses last?

Typically 12–24 months. Courts are more willing to enforce non-solicitation clauses for longer periods than non-competes because they're less restrictive — you can still work, you just can't poach. A 2-year non-solicitation is generally enforceable; a 5-year one would face challenges.

Are non-solicitation clauses more enforceable than non-competes?

Yes — in most jurisdictions, courts are much more willing to enforce non-solicitation because they don't prevent you from earning a living. They just protect the former employer's relationships. Even in California, where non-competes are banned, non-solicitation of employees is often enforceable (though client non-solicitation is more contested).

What happens if you violate a non-solicitation clause?

Your former employer can sue for damages (lost revenue from the poached clients) and seek an injunction. If a non-solicitation clause includes liquidated damages, you'll owe the pre-agreed amount. Some clauses extend the restricted period if you violate them — so a 12-month restriction could restart from the date of the violation.

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Non-Solicitation Clause

Prevents a party from recruiting or poaching the other party's employees, clients, or customers for a specified period after the contract ends.

What it means

A non-solicitation clause stops you from poaching your former employer's clients, customers, or employees for a set period after you leave. It's narrower than a non-compete — you can work wherever you want, you just can't take people with you.

How it works in practice

You leave an accounting firm where you managed 30 client relationships worth $800,000/year in revenue. Your non-solicitation clause says you can't solicit those clients for 18 months. You can work at a competing firm. You can even serve those clients if they come to you on their own. What you can't do is reach out to them and say 'I've moved — follow me.' That distinction between soliciting and responding matters.

When you need it

Sharing employees or team members with contractors, agencies, or partners
Employment agreements for roles with direct client relationships
Business partnerships where both parties have valuable customer bases
Consulting engagements where the consultant meets your key staff or clients

When you might skip it

Contracts with no employee or customer interaction between parties
Short-term projects with minimal relationship exposure

Found in these contract types

Employment Agreement Partnership Agreement Consulting Agreement

Related legal terms

Non-Compete Clause

Frequently asked questions about non-solicitation

Direct outreach to clients or employees with the intent to bring them to your new company. Calling, emailing, messaging on LinkedIn, or having someone else do it on your behalf all count. Posting a general announcement ('I've joined XYZ firm!') on social media is usually not solicitation — it's not targeted at specific people.

See full glossary entry for “Non-Solicitation”

Detailed definition, related terms, and more in the Contract Glossary

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This content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.