So, who owns the client list?

Replies to This Discussion

Permalink Reply by Michael Wolfes, CLMT, CRP on October 27, 2009 at 12:19pm

That might depend on which State you are working in.

Permalink Reply by Kris Stecker on October 27, 2009 at 8:43pm

Independent contractor without a contract? That's an oxymoron. That being said:

It depends on the structure of the business and the people involved, but it's a perfect formula for going to litigation. And the winner is: The lawyers.

The outcome will depend on any relevant prior legal decisions in the state.

If the person is renting space, reason would lean towards the practitioner. If they get paid by commission, it leans towards the business owner. Other tests may be the amount each one expends on actively marketing the business and the lead source for new clients.

Good luck.

Permalink Reply by Rajam K Roose on October 27, 2009 at 8:53pm

I'm in California, there's no issues about it, but I was just curious what the answer would be if the situation was independent contractor. Which of course, an IC does most if not all of their own marketing. The thought struck me this morning, so again, there's no concern except a mild curiosity on my part about it.

Permalink Reply by Karla Linden on November 4, 2009 at 8:57am

That's a really good question I'd love to hear different answers to!