The hardest part of leaving an agency is not updating LinkedIn. It is figuring out what you are allowed to do with the relationships you built.
Commercial producers often talk about “my book” casually. The contract may say something else.
This is not legal advice. It is the practical checklist producers should work through before making a move.
First: separate the client relationship from the expiration
In agency language, the expiration is the valuable asset: the policy information, renewal date, coverage detail and account record that lets someone renew or move the account.
You may have the relationship. The agency may own the expiration. Or you may own it subject to restrictions. Or the agreement may be silent, which is not the same as favourable.
Before leaving, read the agreement and understand which one applies.
The four arrangements producers usually face
1. Agency-owned book
The agency owns the accounts. You are paid commission while employed or contracted, but you cannot solicit the book after leaving.
This is common for house leads, assigned accounts and producer roles with heavy agency support.
2. Producer-owned book
The producer owns the book or has a clear right to move it.
This is cleaner, but still check for notice requirements, carrier appointment issues, account data access and client communication rules.
3. Shared ownership or buyout
The producer can buy the book, sell their interest, or receive a formula-based payment.
The formula matters. Revenue multiple, commission multiple, retention adjustment, payment timing and who controls client communication can all change the outcome.
4. Unclear ownership
The agreement is vague, old or missing.
This is where disputes happen. Do not assume the answer. Get advice before calling clients.
Watch the non-solicit
A non-solicit may prevent you from approaching clients, employees, carriers or referral sources for a period after leaving.
Read the wording carefully:
- Does it cover all agency clients or only clients you worked on?
- Does it cover prospects?
- Does it restrict passive acceptance if a client contacts you?
- How long does it last?
- Which state law applies?
The practical effect can be larger than the book-ownership clause.
Carrier access can be the hidden problem
Even if clients want to follow you, the policies sit with carriers and wholesalers.
Ask:
- Can the new brokerage access the same markets?
- Will carriers broker-of-record the account mid-term?
- Are there minimum premium or appointment issues?
- Does the incumbent agency control a programme or facility?
- Are there wholesalers involved?
A book is only portable if it can be serviced and renewed after the move.
Do not copy files casually
This is where producers get into trouble.
Client lists, policy files, loss runs, applications and renewal schedules may be agency property or contain confidential information. Pulling them before departure can turn a business move into a legal fight.
If you are considering a move, talk to counsel before exporting anything.
What to ask the new brokerage
Before joining a new platform, ask how they handle incoming books:
- Can they review your current agreement?
- Can they access the markets your accounts need?
- Can they support BOR processes?
- Who handles client communication?
- How do they service accounts that move mid-cycle?
- What happens to accounts you write after joining?
The answer should be operational, not just encouraging.
The cleanest moves are planned
The worst version is emotional: a producer gets frustrated, quits quickly, then works out the book details under pressure.
The cleaner version is boring:
- Read the agreement.
- Get legal advice.
- Map the book by market and renewal date.
- Confirm new brokerage access.
- Plan client communication.
- Move only what you are allowed to move.
That may sound slower. It is usually faster than a dispute.
