Non-compete · Consulting
Non-compete in consulting: what is normal
Non-competes are a common ask in consulting; keep them narrow (named competitors, short term) and lean on confidentiality instead.
Typical range
Confidentiality over the client's information, plus at most a narrow non-compete limited to named direct competitors for a short defined period. Broad industry bars are declined or heavily compensated.
Off-market
A clause preventing the consultant from advising anyone in the client's industry for one to two years after the engagement, uncompensated.
One-line fix
"Consultant will keep Client's information confidential. Any non-compete is limited to [named competitors] for [6 months] and is reflected in the fee."
What we see
Consultants encounter non-compete asks more often than most freelancers, because they see a client's strategy up close. But a specialist consultant's living is their sector expertise, so a broad post-engagement bar on the whole industry can amount to being paid once to stop practicing.
The healthy approach leads with confidentiality: a strong NDA protects the client's actual sensitive information (strategy, data, plans) without restricting who the consultant can advise next. Where a genuine direct-competitor concern remains, a narrow, named, short, and ideally compensated non-compete addresses it.
The version to push back on is the broad, industry-wide, long, unpaid non-compete. Its enforceability against an independent contractor is doubtful in many jurisdictions, and its cost to a specialist is large. Narrowing it to named competitors and a short window keeps it reasonable for both sides.
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