constructing a business Credit: Viktoria Kurpas/Shutterstock.com

In order to practice law, there needs to be a practice. Which means clients. Which means sales.

There is no question that some people are natural born sellers. Whether they’re selling goods and services, or a bill of goods, what they really are selling is themselves. It is a skill that can be taught. It is not, however, a skill that is taught in law school, or for the most part, at law firms.  And even if you have a knack for networking and closing, other obstacles loom. Your network may neither have the need nor means for legal services. The legal field is crowded. The billable hour model is under attack. Clients want to pay less and less. Artificial intelligence. So to be profitable, you need more work. But if you cannot convince Company A to pick you over Larry Lawyer, or Robert Robot, let alone get in front of Company A in the fist place, your legal prowess cannot be fully monetized. If you as a lawyer cannot be fully monetized, you may be shown the door.

What is the point of all of this? We get it! Business development is hard. So to help you, we have compiled some tips to not only arm yourself to become a business development champion, but to present to your firm/employer as ways they can help you develop into the mini rainmaker they so want you to be.

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Tip 1: Carrots

Thankfully, most law firms are not run by Mitch and Murray at Premier Properties, but that does not mean that dangling a little incentive cannot hurt. Which translates to: sharing in origination. Caveat—if your firm does not already offer this to associates, it is likely they have heard the request before and decided it was not their way of doing things. If that is the case, you have an uphill battle in front of you.

However, law firms actually are rational creatures. Most associate bonus structures are based solely on pure billable hours, not realized income for the firm. A bonus structure calculated, at least in part, on realized revenues that the associate originated creates an incentive for you without necessarily taking money out of the partner profit pool. Gold stars for business origination is nice, but gold stars don’t pay loans. Make the business case to your firm—it’s good practice for client pitches!

If you are lucky enough to be at a firm that allows associates to participate in origination profits, please let us know if they are hiring.

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Tip 2: No Free Lunch

If profit participation is a non-starter, go smaller. Look into what your firm’s policy is for reimbursing for client development expenses. If there is not an established policy, ask for clear guidelines so that at least you are not paying for your time (opportunity cost) and the potential client’s lobster splurge. In this case, ask for permission, don’t beg for forgiveness. Because otherwise you’ll be stuck with the bill literally. As a bonus, your boss will know that you are thinking about how to bring in new clients and actually getting out there to make it happen.

In a similar vein, if it’s not already available, advocate for a billing code that allows for recognizing the time you spend on business development.

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Tip 3: Ride Alongs

All of us, including partners, know that law schools tend to do a poor job at preparing new associates for the day-to-day skills needed to actually practice law. So partners tend to be pretty good about taking junior associates along for the ride from day one to start building up those practical skills. Attending depositions, sitting in on conference calls, coming along for a court appearance, all happen without much fuss. Which must mean that partners recognize the value of being in the room where it happens as a learning experience—why else would they be so willing to write off that time? But that willingness ends when it comes to riding along on a client pitch or business development meeting.

While some firms have created a great workaround for partner reluctance to bring junior associates on these types of meetings and pitches, through mock pitch programs, there really is no substitute for the real thing. There could be a number of reasons why a partner may not bring you along for something like this. It could be as simple as he or she didn’t think of it. Or it could be an optics issue. You won’t know until you ask. And there’s no way around that here, you have to ask. Even if the partner initially says no, try, respectfully, pushing for details as to why he or she does not want you there. Rather than accepting defeat, if you at least know why the answer is no, you can then work on pitching your boss on why having you there is actually a great idea. Again, great practice!

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Tip 4: Manifesting Intentions

Being told to “bring in business” doesn’t exactly provide a lot of clarity or direction. Don’t let the firm’s vagaries discourage you right from the gate. Set your own goals and communicate them to your partner/bosses. That way you are in control. And you have a definable and measured metric, in writing, in your cheerleading arsenal come review and bonus time. It could be as simple as “I intend to identify and reach out to four potential clients this year,” or more aspirational like “my goal is to bring in five clients this year!” When starting out, and always actually, it’s best to stick with under-promise and over-perform. But as long as you have clear documentation of your efforts toward these goals (receipts, literally), even if you miss the ultimate mark, you will have something concrete demonstrating your commitment to this aspect of your career development. Bosses worth their mettle will appreciate and recognize that kind of initiative and follow-through even if it didn’t materialize. And if they don’t, well, see one of our earlier articles about making a lateral move.

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Tip 5: Widen Your Net

Business development is only as good as your network. Some people are advantaged in that area from the get-go based on circumstances usually entirely outside of their control. Others need to start from scratch. Most firms have marketing departments. Use them! Those people are there for a reason, might as well make that reason you! Marketing departments can submit associates for young professional recognitions and assist with securing speaking engagements and article placement (client alerts get lost in the shuffle). Not only does this provide exposure and an opportunity to meet new people, awards and accolades give clients peace of mind. While these types of recognitions may seem silly or trite, your name on a “best of” list allows clients to rely on the vetting efforts of others. They don’t necessarily know that most of the lists are peer-review popularity contests. In addition, ask if the marketing department can regularly circulate business development opportunities, such as presentations that are looking for presenters, so that the ideas are coming directly to you. Not only does it provide ideas but also a friendly reminder that this is part of your job too.

In addition, think beyond the bar association. Bar associations are great resources for a variety of needs—CLEs, skills training, building camaraderie with your practice area bar—and can feel particularly inviting and safe for the shyer lawyers out there. But business development is not necessarily one of them. Industry events are better; you will actually meet people there that can engage you and/or your firm. But even then, everyone is there to take, not necessarily give. Do not expect to walk out of there with a new matter to open come Monday morning. Do expect to walk out of there with business cards and make a point of reaching out to those people when you do not need anything from them. The “this new legislation was just proposed and we thought it should be on your radar, hope you are well” emails pay off in the end.

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Tip 6: Knowledge Is Power

If you have followed the tips and have engaged a prospective client in a meaningful conversation about your legal services, don’t let it fall apart because of administrative woes. Be ready to explain the logistical details—rates, pricing structure, staffing, conflict checks, engagement letters, conflict waivers, etc.—and be ready to provide a realistic estimate on how long opening the matter actually will take. The better you understand and anticipate the red tape, the better you will be able to manage expectations.

Similarly, know what types of matters are going to require more hoop jumping. Certain types of clients may be more problematic conflict-wise than others. And remember, in the beginning, you may spend more time opening the matter than actually on the matter. That’s ok, do it anyway! You’ve got to start somewhere.

If you need partner sign off or participation to open a matter, try to get him or her involved as early as possible so that they don’t end up as a bottleneck when everything else has fallen into place. Try to find a partner that understands the importance of paying it forward and is willing to put his or her name on a matter that may end up being more of a hassle than it’s worth. With smaller clients, comes more adversity to bills. It’s part of the game. The partners know this but some have forgotten or have happily put small fish woes behind them. Try to find someone who has your back as you are starting out.

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Tip 7: KYC, Know Your Client

Bringing in new business does not always mean bringing in new clients. The easiest source of new business is current clients, assuming they are happy with your services of course. Associates with direct access to clients early on can form their own independent relationship outside of the partner. And guess what, clients love competent associates. They’re cheap! And guess what part two, if a new matter is opened though an associate, most firms are structured so that the originating partner still gets a slice of the new pie. Everyone wins and you didn’t have to attend a single cocktail hour.

The key here, of course, is getting into a position where the client and partner are comfortable with you picking up the phone first. That takes an open minded and trusting partner and an associate who can demonstrate sound judgment and professionalism. All of that takes time. But it’s an investment you can start funding from day one on the job. And it is what every new associate should be doing even if he or she doesn’t care one iota about bringing in business.

The NJLJ Young Lawyers Advisory Board is a diverse group of young attorneys from around the state. Follow them on Twitter, @YoungLawyersNJL.

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