Can You Use Previous Contracts After Leaving Job, No Non-Compete or Non-Solicitation

My question involves business law in the state of: WI

I was laid off last month because my employer wanted to take my position. The position I held was a position I created. I started and ran a division of services that did not exist before I came on. My former employer and I have no non-compete/non solicit signed. I will be going into business for myself, and my lawyer told me I can solicit clients. I am wondering what the limitations are on what I am allowed to say (I would never say anything negative towards my previous company, although my former boss has not paid me the same courtesy). Also, I asked my lawyer if I could send clients a contract for services I know they need, and he told be to go ahead. From all that I have read on the web, I question if I am really clear to do this.....or do I need a new lawyer?

It appears that your attorney has offered you sound advice. (Why would you second-guess him or her?) Absent a non-compete agreement, you have the right to poach your former employer’s clients to advance your own business interests. That’s capitalism!

However, even without a non-compete agreement, you cannot utilize or divulge confidential proprietary information (e.g., the “secret sauce”) you learned about during the course of your employment. You have a “common law duty” to keep such confidences and not exploit them.

This duty, however, does not extend to soliciting clients of your former employer. Again, you are free to pursue these clients.