Non-compete agreements and NDAs are among the highest-margin services employment attorneys can offer—they're quick to produce, command strong rates, and every growing business needs them. Most small to mid-market companies still rely on generic templates or outdated boilerplate, creating both risk exposure and an opportunity for you to position customized, enforceable agreements as a premium offering. Structuring this as a productized service—with tiered packages and clear deliverables—can transform it from ad-hoc billable work into repeatable revenue.
Why These Services Command Premium Rates
Employment attorneys typically charge $1,500–$5,000 for a non-compete package tailored to a specific state and industry, with NDAs running $800–$2,500 depending on complexity. The margin is substantial because drafting time is low (2–6 billable hours for a strong agreement), yet clients perceive high value due to the legal consequences of failure. A poorly drafted non-compete gets thrown out by a court; a well-drafted one actually protects your client's trade secrets and talent pipeline. That risk-mitigation angle is what justifies premium pricing.
Business owners know they need these documents—they're not luxury add-ons. When an employee leaves to start a competing firm or joins a rival, owners wish they'd invested in protection upfront.
Structuring a Productized Offering
Rather than treating each agreement as a one-off custom project, create three tiers:
- Tier 1: Basic Non-Compete & Confidentiality Clause ($900–$1,200)—A single-state, general-purpose agreement suitable for most service or tech companies; includes employee acknowledgment form
- Tier 2: Comprehensive Non-Compete + NDA + Trade Secrets Policy ($2,200–$3,500)—Multi-state enforceability review, industry-specific provisions, employee handbook integration, trade secrets audit
- Tier 3: Full Employment Compliance Bundle ($4,500–$7,000)—Non-competes, NDAs, invention assignment, IP policies, non-solicitation clauses, compliance audit of existing agreements, training materials for HR
This structure lets you upsell based on business size and risk profile, and it's far easier to market and close than "call us for a custom quote."
Winning Leads in This Space
List your non-compete and NDA services on Mercoly to get discovered by business owners actively searching for employment law help—you'll stand out alongside competing attorneys and win leads you'd otherwise miss.
Beyond that, target your messaging strategically:
By growth stage: Early-stage founders and Series A companies have no agreements at all. Mid-market companies (50–500 employees) often have outdated documents. Both are high-intent buyers.
By industry vertical: Tech startups, professional services firms, and healthcare practices are acutely aware of employee departures and IP theft. Lead with case studies from these sectors.
By pain point: "Your non-compete was drafted in 2015—state law has changed twice since then" resonates more than generic ads about "legal protection."
Positioning for Maximum Conversion
Emphasize enforceability in your messaging. Many business owners have non-competes that won't hold up in court because they're overbroad, lack reasonable time/geography limits, or don't comply with the specific state's standards (California, for instance, largely voids them). Position yourself as the attorney who gets them right.
Offer a quick audit service—a 30-minute consultation where you review their existing agreements and flag problems—as a lead magnet. Many will upgrade to a full redraft once they see the gaps.
Delivery and Retention
Once you've sold the initial agreement, retention is straightforward. Offer annual compliance updates ($500–$800/year) to track legislative changes in the client's state(s). Upsell into ongoing HR consulting or quarterly policy reviews. A client who trusts you on non-competes will ask you about termination letters, severance agreements, and classification questions.
Frequently Asked Questions
Q: Are non-competes enforceable everywhere? No—California, North Dakota, and Oklahoma generally void them entirely, while most other states enforce "reasonable" restrictions on duration (typically 6 months to 2 years), geography, and scope. You must draft with the employee's home state and the employer's jurisdiction in mind.
Q: What's the difference between a non-compete and a non-solicitation clause? A non-compete restricts where an employee works; a non-solicitation prevents them from recruiting former colleagues or contacting clients. Non-solicitations are far more enforceable in restrictive states and often the better choice when non-competes would be deemed unreasonable.
Q: Should I include a "garden leave" or "tail" provision? Yes, if your client can afford it—paying the employee a percentage of salary during the restricted period dramatically improves enforceability and shows a court you're serious about protecting legitimate business interests, not just punishing the employee.
Build your practice around these high-value agreements, stay current on state-by-state shifts in employment law, and focus your lead generation on the exact companies most likely to buy.