Marketing tips for 5th year associate? In a litigation firm has a focused practice area (construction) but has partners practicing in others (commercial, business, corporate, employment, etc.). Looks like the key in expanding compensation is generating my own work. Not sure how to go out and hunt down litigation work. Any thoughts?

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I'm also in construction. I started getting my own clients from referrals first for small mechanics lien matters. I also joined trade organizations with more contractors than lawyers to learn about the nuts and bolts of the projects and the business itself. Clients prefer working with someone who actually knows what matters to them, and I've learned that what they care about and what lawyers without insight care about are two very different things.

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@OP we have a senior associate who they won't put on any contract negotiations because he doesn't understand that there is more to the deal than zero risk. He is just too adversarial. Clients are willing to take on a bit of risk to get the deal done. We don't need the clause that will make any litigation a slam dunk case. We need the one that protects us proportionally to the risk we are taking on. Clients have good working relationships at this point with the other side of the table. Everyone is heading for the same goal.

For example, as an owner, does that mean that we toss out every waiver of consequential damages? Fuck no. I'm not going to be a dick. So what do clients care about? Delay damages, which can be fixed by adding LDs, rights to insurance that we're paying for, and if we get sued and lose because the contractor fucked up. So just make sure LDs, insurance recovery, and indemnity losses are excluded, and I'm good. No need to start a fight and cost the client money and a relationship.

And for architects, do I really care if I as owner own or don't own the drawings? No! I need unlimited use rights with respect to the project. I don't need to own them. I'm not going to insist on complete ownership.

Finally, both contractors and owners are willing to forgo enforcing some contract rights sometimes in the name of customer service and/or keeping the project going. For example, a lot of owners are very happy with their "time but no money" clauses for force majeure right now. But they are still throwing some money to the contractors because they have no interest in watching their contractor go bankrupt just avoid paying $20k.

Over-adversarial associates who are too scared of being wrong get tossed from the big deals. Doing litigation makes you a better transactional lawyer. I can't deny that. But it's about furthering your clients interest at the moment. And during contract negotiation, no one needs a stick in the mud.

Construction associate here as well. Business development is crucial to advancement. Echoing what another said, join trade associations. I’ve well with BD by involving myself with local trade groups and real estate groups.

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Depends who you want to target. For owners/developers, try local real estate groups. For general contractors and heavy highway, look for your local AGC chapter. For subcontractors, look for your ABC chapter. Depending on where you are in the country may also mean you’ve got union groups too. I’m in a right-to-work state so I don’t worry about that.

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