non-solicitation of client

[mahmoud316]

What is the name of your state (only U.S. law)? CA

Hi
I have my own translation business. This past week, I had a client that needed something translated. But I was too busy, and I ended up finding someone through a friend of a friend and sending the guy to the client's office to translate. Now I am concerned that the translator will steal the client.

I did not have the translator sign a non-solicitation agreement because he was my only option and I was afraid he might get offended and not do the job at all. Usually people won't get offended at having to sign such things, but I could not risk it.

It turns out that this client has a lot of money, and a lot of demand for translation. It is quite possible that they will need someone over and over.

Now this person has sent his invoice to my email, asking for payment. Would it be OK to ask him to sign the agreement now? Would it be ok to say "if you don't sign this, then I cannot pay you?" or would that be extortion?

At this point, do you have any suggestions on how i could protect myself against getting my client stolen?

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

Hi
I have my own translation business. This past week, I had a client that needed something translated. But I was too busy, and I ended up finding someone through a friend of a friend and sending the guy to the client's office to translate. Now I am concerned that the translator will steal the client.

I did not have the translator sign a non-solicitation agreement because he was my only option and I was afraid he might get offended and not do the job at all. Usually people won't get offended at having to sign such things, but I could not risk it.

It turns out that this client has a lot of money, and a lot of demand for translation. It is quite possible that they will need someone over and over.

Now this person has sent his invoice to my email, asking for payment. Would it be OK to ask him to sign the agreement now? Would it be ok to say "if you don't sign this, then I cannot pay you?" or would that be extortion?

At this point, do you have any suggestions on how i could protect myself against getting my client stolen?

No, you CANNOT extort this colleague by telling them you won't pay if they don't sign.

I would, however, suggest that you pay them NOW, and let them know that you are more than happy to refer other clients to them as needed in the future if they sign such an agreement with them.

 

[mahmoud316]

Hi guys

So I decided to send the guy a non-solicitation agreement and say something like "we need you to sign the attached. This should have been done before the job, but since everything happened so fast, there was no time."

My question is, should I say the second sentence ("this should have been....") or should I leave it vague and just say "We need you to sign this"

Also, I cant decide when to send it. do I send it right now (Saturday night) or wait until Monday?

I desperately need this signed.

 

[tranquility]

Why do you have so many problems?

Personally, I'm done with helping you. A key to the law is equity. It seems you are a "sharp" operator who wants to deal with the interstices of the law to gain advantage. What reasonable person has so many issues in his life? I mean really, I do work, people pay me and both seem happy. You? It seems every bit of time there is some horrible disagreement about what was agreed to and, gosh darn it, how can I sue.

Here's a tip.

1. Guy calls you for a need.
2. You give him a written contract as to what you will provide and for what amount.
3. He agrees or negotiates for something different.
4. Both agree.
5. You do the work and and get paid and he gets the work for what he wants to pay for it.

Easy peasy. I have no idea why you are having so many problems. Perhaps you are not dealing appropriately with some portion of the agreement.