Non-competes: Proving existing private clients to agencies Thread poster: James Armel Smith
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James Armel Smith 
United States
Local time: 03:10
Member (2018)
Dutch to English
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As a still relatively new professional translator, I am curious to know if/how established translators demonstrate their existing clients to agencies they work for in the event an agency presents them with work from one of the translator's existing private clients. More specifically, as an academic translator, I want to be prepared to demonstrate to any agency that may present me with work from a major university (or other relevant academic/research institution) I've already worked for directly ... See more As a still relatively new professional translator, I am curious to know if/how established translators demonstrate their existing clients to agencies they work for in the event an agency presents them with work from one of the translator's existing private clients. More specifically, as an academic translator, I want to be prepared to demonstrate to any agency that may present me with work from a major university (or other relevant academic/research institution) I've already worked for directly that they are already an existing client of mine. Do you simply inform the agency of this prior to agreeing to work on the project for your existing client through them as well, or are you required to provide documentation (e-mails, contracts, invoices) demonstrating they are a private client to the agency? ▲ Collapse
| | | | | It's none of the agencies' business | Jul 16, 2021 |
I never ever give any outsourcer information about who(m) I work for. It's none of their business. And today's agencies will probably use that information to poach your private clients by underselling you.
| | | | Adieu
Ukrainian to English
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| Of course not | Jul 17, 2021 |
Your client list will immediately be pilfered and seduced with 2 cent MTPE outsourced to a 'Stan.
| | | | James Armel Smith
United States
Local time: 03:10
Member (2018)
Dutch to English
+ ...
TOPIC STARTER | Clarification | Jul 17, 2021 |
I think I may not have stated my question clearly enough. I'm not considering telling every agency my full direct client list up front. I'm curious what you do specifically in the case when an agency asks you to translate for one of their clients who happens to already be a client of yours as well. So, let's say "University X." If an agency asks me to do a job for University X, and I already work/have worked with University X as a direct client of my own, should I disclose that to them in any wa... See more I think I may not have stated my question clearly enough. I'm not considering telling every agency my full direct client list up front. I'm curious what you do specifically in the case when an agency asks you to translate for one of their clients who happens to already be a client of yours as well. So, let's say "University X." If an agency asks me to do a job for University X, and I already work/have worked with University X as a direct client of my own, should I disclose that to them in any way so they do not find out some other way later and think I circumvented our non-compete and took University X from them? ▲ Collapse
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James Armel Smith wrote:
I'm curious what you do specifically in the case when an agency asks you to translate for one of their clients who happens to already be a client of yours as well. So, let's say "University X." If an agency asks me to do a job for University X, and I already work/have worked with University X as a direct client of my own, should I disclose that to them in any way so they do not find out some other way later and think I circumvented our non-compete and took University X from them?
The burden of proof is on the accuser. If an agency claims you circumvented their non-compete, it will have to prove that you already knew the agency worked with University X and that you went ahead to solicit X's business despite that knowledge.
Unless they actively disclose their client list to you, or unless you contacted University X after working with them through the agency, you don't have to tell them anything. You're a business, they're a business. You have your clients, they have theirs.
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You are not obliged to disclose with whom you have worked before, but I must say that for the sake of transparency I have done so in one or two cases (please note that I have been translating for over 35 years).
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You don’t have to tell them. If it ever came to anything, you could prove you were working for the client already.
| | | | James Armel Smith
United States
Local time: 03:10
Member (2018)
Dutch to English
+ ...
TOPIC STARTER
Thanks for your feedback! Everyone certainly seems to be in agreement on this subject. Much appreciated!
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Adieu
Ukrainian to English
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| Is a University even a client? | Jul 21, 2021 |
AFAIK, the usual way they operate in the western model makes them for all intents and purposes closer to an office building, with your actual clients within being little more than their tenants.
Professors and labs in academia are essentially independently funded and competing entities. They don't have shared contractors for translation services precisely because they are hiring you or that agency independently, as Dr. John Doe's Lab/Staff, not as Employee Representing University X.... See more AFAIK, the usual way they operate in the western model makes them for all intents and purposes closer to an office building, with your actual clients within being little more than their tenants.
Professors and labs in academia are essentially independently funded and competing entities. They don't have shared contractors for translation services precisely because they are hiring you or that agency independently, as Dr. John Doe's Lab/Staff, not as Employee Representing University X.
James Armel Smith wrote:
I think I may not have stated my question clearly enough. I'm not considering telling every agency my full direct client list up front. I'm curious what you do specifically in the case when an agency asks you to translate for one of their clients who happens to already be a client of yours as well. So, let's say "University X." If an agency asks me to do a job for University X, and I already work/have worked with University X as a direct client of my own, should I disclose that to them in any way so they do not find out some other way later and think I circumvented our non-compete and took University X from them?
[Edited at 2021-07-21 01:08 GMT] ▲ Collapse
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James Armel Smith wrote:
If an agency asks me to do a job for University X, and I already work/have worked with University X as a direct client of my own, should I disclose that to them in any way so they do not find out some other way later and think I circumvented our non-compete and took University X from them?
... you are lucky, your direct client may ask you to have proofread that job they outsourced to that agency. And then it would be more wise both parties don't know that you already work for either, so that you can tear down and improve your own work done for them via the agency and have your direct client taken over to you completely.
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