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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There, I have a legal query. After freelancing for

Resolved Question:

Hi there,
I have a legal query.
After freelancing for a company for 6 years I decided to go it truly alone as the hours did not suit my reasons for being freelance in the first place.
Before I left, myself and the company I was at were recommended to a new client who got in touch and we began sending proposals.
After leaving I then approached this client to let him know I had left and that I could offer similar services as a freelancer - which they would now like to proceed with.
I now fear that my previous employer is trying to take legal action against me.
As I was under no contract, and neither was the client I am confident that the only issue I could face would be deformation of character and I understand that it is bad ethics. But I now don't know how to proceed.
Any advice would be welcome.
Thank You!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Has anything been threatened yet please?
Customer: replied 2 years ago.

Hi Alex,

Not yet. After seeing that both partners were looking on my linked in profile, I then noticed that so had a solicitor.

A former colleague then let me know that she heard the partner asking the office assistant to book an appointment with a solicitor asap.

The client, I am now in negotiations with is pushing me to sign the deal and I am holding off until getting advice...

Thanks

Lori

Expert:  Ash replied 2 years ago.
It is bad ethics. There is an implied duty faith in contracts. If the customer had approached you then there would not be an issue, but if you approached the customer and said you were setting up on your own then that may have breached that duty.
At present nothing has been threatened so I would not worry. It is possible though that you may be asked to stop approaching customers. However as there was no contract there is not a 'no compete' clause. These implied terms apply to employees.
You said you were freelancing and therefore not bound by these same terms. If there was no contract then there is nothing stopping you contacting customers. In this case that is so and therefore there is very little the company can do. They should have ties you to a contract,
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks so much,

I think my guilt around that bad ethics is enough to make me stop proceeding further, which is a shame as the client in question had been recommended to work with me personally and not necessarily the company.

I am under the impression that the company are pursuing some infringement around Intellectual Property, but as I have not signed anything I hope I am safe.

Either-way, I have let the client know my concerns and put a stop on further proceedings.

Thank you for your advice.

Expert:  Ash replied 2 years ago.
Happy to help.
Alex
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Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex