Ethics Advice: Contacted by Someone Met at an Assignment Initiator des Themas: Yongmei Liu
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Yongmei Liu 
Vereinigte Staaten
Local time: 03:12
Englisch > Chinesisch
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There is a general understanding that I shouldn't steal clients from the agency, but no formal agreement. Then the videographer for the assignment asked me if I was interested in another assignment (in another country, if that matters). I hesitated and the assignment eventually went to someone else.
Could I have offered my service without violating the "industry norms" - if there is such a thing? Keep in mind that there is no formal agreement and that I do not wish to antagonize the... See more There is a general understanding that I shouldn't steal clients from the agency, but no formal agreement. Then the videographer for the assignment asked me if I was interested in another assignment (in another country, if that matters). I hesitated and the assignment eventually went to someone else.
Could I have offered my service without violating the "industry norms" - if there is such a thing? Keep in mind that there is no formal agreement and that I do not wish to antagonize the agency by behaving unreasonably.
Thanks a lot.
[Edited at 2008-03-31 01:24] ▲ Collapse
| | | | Henry Hinds
Vereinigte Staaten
Local time: 04:12
Englisch > Spanisch
+ ...
In stillem Gedenken
Take care of number one, my man, that agency isn't taking care of you, and you have no obligation to them.
You lost that one, next time think of number one.
| | | | Tina Vonhof (X)
Kanada
Local time: 04:12
Niederländisch > Englisch
+ ...
I think this would be acceptable because you would not be working directly for the same client but you would be referred on to a third party. Therefore you would not be taking away a client from the agency.
| | | | Yongmei Liu
Vereinigte Staaten
Local time: 03:12
Englisch > Chinesisch
+ ...
THEMENSTARTER | It's a different client | Mar 31, 2008 |
Tina Vonhof wrote:
I think this would be acceptable because you would not be working directly for the same client but you would be referred on to a third party. Therefore you would not be taking away a client from the agency.
Indeed, it was for a totally UNaffiliated client.
Thanks for the advice.
Yongmei
[Edited at 2008-03-31 05:03]
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| You did not approach them | Mar 31, 2008 |
Therefore, you are blameless. However, if you have a good relationship with the agency, I would inform them (in a very carefully worded statement) and "allow" them to give you permission (they cannot really refuse since you were approached).
| | | | Steffen Walter
Deutschland
Local time: 12:12
Mitglied (2002)
Englisch > Deutsch
+ ...
| You did not actively "steal" the client | Mar 31, 2008 |
Even if it were the same client, the case would at least be borderline because, as Marijke pointed out, you did nothing to actively approach the client, but were approached by them. As a result, this would not be covered by the non-compete clause imposed by the agency.
Steffen
| | | | Terry Richards
Frankreich
Local time: 12:12
Französisch > Englisch
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| Agreed, but... | Mar 31, 2008 |
I agree with most posters that this would not be an ethical (or legal) breach.
But what if the videographer had been sent by the same agency? I personally think this would still be OK but I'm a lot less sure about it. The videgrapher in question is not one of the agency's customers but they would be the agency's contact...
Any thoughts?
Terry.
| | | | Yongmei Liu
Vereinigte Staaten
Local time: 03:12
Englisch > Chinesisch
+ ...
THEMENSTARTER | Thanks everyone for your input | Mar 31, 2008 |
Terry Richards wrote:
I agree with most posters that this would not be an ethical (or legal) breach.
But what if the videographer had been sent by the same agency? I personally think this would still be OK but I'm a lot less sure about it. The videgrapher in question is not one of the agency's customers but they would be the agency's contact...
Any thoughts?
Terry.
If it were the same client, I would not accept work from them directly no matter who had initiated the dialogue.
In actuality, the videographer was acting as an agency, I believe, and trying to put together a package deal for this second client. He couldn't have been sent by the same agency, because that agency has my contact info and would contact me directly.
I do realize ethics rules are fuzzy sometimes and people can honestly have different takes on them.
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Samuel Murray
Niederlande
Local time: 12:12
Mitglied (2006)
Englisch > Afrikaans
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| Sorry, I misunderstood | Mar 31, 2008 |
Sorry, I misunderstood. The videographer is not the end-client -- he is merely a colleague that you met during the course of your work for the end-client. He's fair game, IMO.
I disagree with Marijke and Steffen about you being blameless because you did not take the initiative. A non-poaching agreement is not a "non-approaching" agreement. In the absence of a clear clause in the contract, it doesn't really matter who approached whom (in my opinion).
[Edited at 2008-03-31 ... See more Sorry, I misunderstood. The videographer is not the end-client -- he is merely a colleague that you met during the course of your work for the end-client. He's fair game, IMO.
I disagree with Marijke and Steffen about you being blameless because you did not take the initiative. A non-poaching agreement is not a "non-approaching" agreement. In the absence of a clear clause in the contract, it doesn't really matter who approached whom (in my opinion).
[Edited at 2008-03-31 19:41] ▲ Collapse
| | | | achisholm
Vereinigtes Königreich
Local time: 11:12
Italienisch > Englisch
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| Non-poaching vs. non-approaching | Mar 31, 2008 |
I agree with Samuel.
If I was bound by an agreement to an agency, and one of their clients approached me to offer me work, I would feel obliged to refuse (doesn't mean I WOULD refuse!!).
The non-competition agreements I have seen and signed in the past make this quite clear - they would consider it poaching if I was to accept work from one of their clients unless I could demonstrate I had a working relationship with their client that predated my signing the usual non d... See more I agree with Samuel.
If I was bound by an agreement to an agency, and one of their clients approached me to offer me work, I would feel obliged to refuse (doesn't mean I WOULD refuse!!).
The non-competition agreements I have seen and signed in the past make this quite clear - they would consider it poaching if I was to accept work from one of their clients unless I could demonstrate I had a working relationship with their client that predated my signing the usual non disclosure/non-competition agreement. ▲ Collapse
| | | | NancyLynn
Kanada
Local time: 06:12
Französisch > Englisch
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Moderator dieses Forums | Quote from an agency contract | Mar 31, 2008 |
"By accepting this assignment the Linguist hereby represents, warrants, and agrees that the Linguist shall not (i) solicit the end client either directly or
indirectly for his/her benefit, their benefit or the benefit of any third party, (ii) accept solicitations for future assignments directly from the end client,
(iii) accept solicitations for future assignments from other sources who came into contact with the Linguist as a direct result of the Linguist’s
relationship ... See more "By accepting this assignment the Linguist hereby represents, warrants, and agrees that the Linguist shall not (i) solicit the end client either directly or
indirectly for his/her benefit, their benefit or the benefit of any third party, (ii) accept solicitations for future assignments directly from the end client,
(iii) accept solicitations for future assignments from other sources who came into contact with the Linguist as a direct result of the Linguist’s
relationship with the end client through this assignment, or any other assignment from the Company [...]" ▲ Collapse
| | | | Steffen Walter
Deutschland
Local time: 12:12
Mitglied (2002)
Englisch > Deutsch
+ ...
| Restrictive covenant that runs counter to freedom of business | Apr 1, 2008 |
NancyLynn wrote:
"By accepting this assignment the Linguist hereby represents, warrants, and agrees that the Linguist shall not (i) solicit the end client either directly or
indirectly for his/her benefit, their benefit or the benefit of any third party, (ii) accept solicitations for future assignments directly from the end client,
(iii) accept solicitations for future assignments from other sources who came into contact with the Linguist as a direct result of the Linguist’s relationship with the end client through this assignment, or any other assignment from the Company /quote]
I'd have extreme difficulty signing such a clause, especially with regard to items ii) and iii), because what it effectively means is, from the point of view of the agency, that you - as their service provider - will not be allowed ever (or at least during the term of the agreement) to accept any work from this client, even if it were, say, a big multinational, and if you were contacted by a different department located in another country. Where is the reasonable limit here? In extreme terms, giving in to such a provision may put your own business at a serious risk.
Steffen
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