We originally had a non-compete agreement, and everyone in the company was up in arms about it because the way it read no one was able to even leave and join a competitor. The entire agreement was ridiculous, and everyone pushed back hard on it, rightfully so. I doubt it was even valid, and was mostly just a scare tactic.
But then they changed it and took out the non-compete clauses. Now it's just a non solicitation agreement. But I don't know how enforceable that is. And I don't know what technically counts as solicitation. If my partner quit, started a firm with me, and then immediately called his former clients that would clearly be in violation of the no solicitation agreement (if that's enforceable). But what if he quits, starts a firm with me, and then I call his former clients? I should be allowed to call anyone I want, but if me and him own the firm, am I still allowed to do that, or am I bound by his non-solicitation agreement? Part of the pull to convince clients to go with us would definitely be that not only am I an owner, but also that Joe is an owner as well.
I know I'll probably need to consult with a lawyer about this, but was hoping to gather some general information from mustachians. We obviously haven't fully planned this out, and are just brainstorming ideas. I guess I'd like to get a gauge on how plausible it even is, and what kind of legal trouble we might run into before we start seriously considering it.