Can a client hire a creative that works on their account at an agency? Or is not poaching baked into contracts somewhere?

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Depends on the contract but most agencies aren’t going to say no to a client and piss them off.

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It happened to a friend of mine. A client made another agency partner put him on their payroll. Our agency had them as a client, until they didn’t. When the contract ended, they wanted to retain the person they knew who did the actual work they liked.

He hated the experience, and the strong-armed agency didn’t love being told how to allocate their budget either. He had no advocates, allies, or recourse in any scenario, with the only benefit being that he was, essentially, in-house at a prestige company. Lasted about 18 months until he returned to the previous agency with a higher title.

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I feel like Ive heard of this happening, but it probably has to be worked out at high levels. I dont think you (as an ECD) would just hear “Becky put in her notice—shes starting at the client next Monday.”

More likely they’d try to hire the ECD

It happens. I’ve seen it happen with non-creatives, also, and in both directions actually. If you’re concerned about damaging the relationship, I’d suggest offering a slightly longer notice period.

It’s baked into a lot of contracts that a client can’t approach you about a job, but there’s a gray area that technically you could approach them about a job

Depends on the state. It’s allowed in California but not in NY

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