Solicitation: Overview, definition and example
What is solicitation?
Solicitation refers to the act of requesting, urging, or encouraging someone to take a specific action, typically involving the offering of goods, services, or business opportunities. In a legal context, solicitation often involves an attempt to gain business, recruit employees, or influence decisions through direct or indirect means.
Why is solicitation important?
Solicitation is important because it establishes the foundation for business relationships, transactions, or recruitment efforts. However, it can also raise legal concerns, especially when it involves unfair practices, such as competing for employees, customers, or contracts in violation of agreements or laws. Understanding when and how solicitation is allowed helps businesses avoid legal trouble and ensures fair competition.
Understanding solicitation through an example
Imagine a software company approaches employees of a competitor with job offers, encouraging them to leave their current roles. This would be considered employee solicitation, which could potentially violate non-compete or non-solicitation clauses in contracts.
In another case, a company may solicit customers through advertising or outreach campaigns. This is a standard practice to increase sales or attract new clients, as long as the solicitation doesn’t involve deceptive or misleading information.
Example of a solicitation clause
"The Company agrees not to solicit employees of the other Party for a period of one year following the termination of this Agreement."
Conclusion
Solicitation plays a key role in business development but must be handled carefully to avoid breaching agreements or engaging in unfair practices. Businesses need to be aware of the legal boundaries around solicitation to ensure they operate ethically and legally.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.