Can Quillio draft non-solicitation clauses?
Yes. I draft non-solicitation clauses for employment contracts, contractor agreements, M&A sale agreements, and commercial partnerships. In Australia, non-solicit clauses are enforceable where they protect a legitimate interest and are no wider than necessary — I draft with cascading durations and scopes to improve enforceability.
Legitimate interest
A non-solicit must protect a legitimate interest — client relationships, confidential information, or workforce stability. I articulate the interest in recitals so the clause is grounded in something the court recognises.
Cascading durations and scope
I use cascading clauses (6 months / 12 months / 18 months; or clients you dealt with / clients the business had / any client) so if the widest restraint is unenforceable, a narrower one survives. This is standard Australian drafting following Koops Martin principles.
Solicitation vs dealing
Non-solicit usually covers active solicitation. Non-dealing (not doing business with, even if approached) is wider and less enforceable. I flag the distinction and draft what is appropriate for the situation.
Common issues
- Non-solicit of staff is often enforceable where non-solicit of clients is not — flag separately
- Garden leave interacts with restraint period — make the two consistent
- Deed of restraint post-employment may require fresh consideration — flag
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