How Litigators Can Be Successful at Business Development

Litigators have a unique challenge when it comes to business development. Work doesn’t always arrive on a predictable schedule. One month you might be in court every day, the next things are quiet. Unlike deal lawyers who usually see matters coming down the pipeline, litigators rarely know where the next case will come from.

That unpredictability can feel frustrating, but it’s also where the opportunity lies. The litigators who find ways to stay visible and connected, even during slower times, are the ones who build practices that last. It’s not about doing everything at once or making sweeping changes. It’s about steady actions that build over time and keep you top of mind with the people who matter most.

Start by Building a Mindset for Business Development

Business development isn’t something you switch on when you have a lull in your workload. It has to become part of how you practice law. Too many litigators treat business development as optional, hoping that excellent results will be enough to keep the phone ringing. Great results matter but they’re not always enough. Clients want to know you, like you and trust you long before the moment they have a dispute.

The mindset shift is this: every conversation, every lunch, every panel and every article is an opportunity to deepen or build a relationship. When you approach business development this way, it stops feeling like a separate chore. It becomes part of how you interact with people every day.

For example, if you’re speaking with a client about a concluded matter, take five extra minutes to ask about what’s happening in their industry. If you’re grabbing coffee with a colleague, explore whether their clients are seeing disputes that might need your help. None of this is about selling. It’s about being curious, showing genuine interest and building connections.

Tips:

• Block time on your calendar for business development the same way you block time for client work
• Keep a running list of contacts to reach out to so you never sit down wondering where to start
• Treat every interaction as an opportunity to strengthen a relationship

Stay Visible Even Without Active Cases

Litigation rarely follows a predictable schedule. A client might need you intensely for a year, then not again for several more. If you disappear during those quiet stretches, you risk losing visibility. When the next dispute arises, they may think of another lawyer who has been more present.

Staying visible doesn’t require long hours or massive campaigns. It’s about being steady and intentional. Share a perspective on LinkedIn about an issue your clients are likely tracking. Send a short note to a client about a new case that could affect their industry. Attend a conference where you know your clients will be. Even a thoughtful comment on a client’s social media post can keep you in their line of sight.

Think of visibility as layering reminders. Each touch may feel small but over time those touches add up to a presence that clients can’t ignore. They will see you as engaged, relevant and invested in their world, which makes it much more likely they’ll call you first when a new matter arises.

Tips:

• Create a visibility calendar and schedule at least one meaningful action each week
• Use slower periods to publish articles, give CLE talks or develop resources clients can use
• Engage directly with client and industry updates to stay visible without forcing your own content

Build Trust Through Regular Contact

Many clients say they only hear from litigators when something has gone wrong. If the only time you’re reaching out is when a lawsuit has already landed, you’re missing an opportunity.

Trust builds when you show genuine interest in a client’s business outside of a dispute. Call to ask how things are going. Forward an article that relates to a challenge they’ve mentioned in the past. Check in to see how a new initiative is working out. These touches don’t have to be long, but they send a powerful message: you’re thinking about them even when you’re not billing time.

Trust is what keeps clients loyal. A client who trusts you will call you even if they’re not sure the issue is urgent yet. That’s where you want to be — the person they think of first, not the person they only turn to when everything is on fire.

Tips:

• Reach out to important contacts at least four times a year outside of active matters
• Track personal details so you can follow up in a way that feels thoughtful and specific
• Share resources that directly relate to their industry or role to show you understand their pressures

Collaborate Across Practice Areas

Some of the best litigation opportunities don’t start as litigation at all. They start as deals, contracts or regulatory issues. Corporate colleagues see the risks in real time. Regulatory lawyers know where clients are most vulnerable. By connecting with other practices, you position yourself as the natural partner when disputes surface.

Collaboration can take many forms. Sit in on practice group meetings outside your own. Offer to co-author a piece with a deal lawyer about dispute risks tied to M&A. Volunteer to give a short presentation at a team meeting on trends you’re seeing in litigation. When colleagues know you’re approachable and proactive, they’re more likely to bring you into conversations with their clients.

Tips:

• Attend other practice group meetings to understand where litigation could intersect
• Partner with colleagues to create cross-practice insights or events
• Volunteer to help clients assess potential dispute risks before they escalate

Develop an Industry Focus

It’s not enough to be a good generalist litigator anymore. Clients want lawyers who understand their industry, their competitors and their risks. If you can talk their language and anticipate the challenges unique to their field, you become far more valuable than someone who just knows procedure.

Pick one or two industries where you already have experience or interest. Go deep. Read the trade press. Join the associations. Speak at their events. Write about the disputes that matter most in that industry. Over time, you’ll be recognized not only as a skilled litigator but as someone who truly understands the business environment. That combination is hard to beat.

Tips:

• Identify industries where you already have clients and build from there
• Immerse yourself in industry publications, events and networks
• Publish insights that tie legal developments to real business challenges

Turn Past Matters Into Future Work

Every case you work on is a learning opportunity, not just for you but for future clients. Too many litigators finish a case and move on. The smart ones stop to ask, “What did we learn here, and how can this help others?”

After a case ends, debrief with the client. Ask what worked, what could be better and what risks they see ahead. Then think about how you can turn those insights into something useful. Maybe it’s a checklist that helps other clients avoid the same pitfalls. Maybe it’s an article on how a recent ruling may shape future disputes. By repurposing your experience, you not only strengthen the client relationship but also create new opportunities.

Tips:

• Debrief every case with the client and capture lessons learned
• Turn common issues into client-friendly resources
• Share insights publicly in a way that positions you as forward-looking

Leverage the Power of Referrals

Referrals are a lifeline for litigators. Transactional lawyers often need litigators they can trust. Other litigators may face conflicts. Even opposing counsel can send work your way if they respect how you handled yourself. Building a strong referral network takes time but it can become one of your most reliable pipelines.

The key is to invest in relationships without expecting immediate returns. Keep in touch with colleagues from past firms. Stay connected with bar associations. Treat opposing counsel with professionalism even when the case is heated. The more people see you as capable and trustworthy, the more likely they’ll send opportunities your way.

Tips:

• Reconnect with former colleagues and keep them updated on your practice focus
• Treat opposing counsel with professionalism to build long-term respect
• Position yourself clearly in a niche so others know exactly when to call you

Create Educational Content for Clients

One of the most powerful ways to stay visible is through content, but not all content is equal. Clients don’t want dense case summaries. They want practical resources that make their jobs easier. If you can take a complex issue and explain what it means for them in plain language, you become a trusted advisor.

Think about what your clients struggle with. Preparing for depositions. Managing privilege. Drafting documents that stand up in litigation. Create resources that address these real challenges. Content like this gets shared internally, passed along to colleagues and remembered long after you send it.

Tips:

• Write with the client’s daily challenges in mind, not for other lawyers
• Keep pieces short, actionable and easy to share
• Repurpose content into multiple formats — checklists, videos or webinars

Host Small, Curated Events

Big conferences have their place, but small, focused gatherings can be even more powerful. Hosting a roundtable dinner or breakfast with a handful of clients and prospects gives you the chance to build deeper relationships. It also positions you as someone who connects people with similar challenges.

These events don’t have to be elaborate. Pick a timely topic, invite a small group and create space for conversation. People remember the lawyer who convenes interesting discussions. They’ll also associate you with the relationships they build at your table.

Tips:

• Choose topics that are specific enough to spark meaningful dialogue
• Keep groups small so everyone has a voice
• Follow up after with a short summary that extends the conversation

Embrace Speaking Opportunities

Speaking in public creates visibility you can’t replicate elsewhere. Whether it’s a CLE, a bar association panel or an industry event, these opportunities let you demonstrate expertise in a way that clients and prospects can experience firsthand.

The best talks don’t just recite the law. They tell stories, share lessons and give the audience practical takeaways. Think about the challenges your audience faces and build your remarks around solving them. Then repurpose your remarks into other formats so they live beyond the event.

Tips:

• Pitch panels that combine legal and business voices for a richer discussion
• Focus talks on practical, real-world applications
• Repurpose talks into blog posts, LinkedIn videos or client alerts

Use LinkedIn Strategically

LinkedIn is one of the easiest ways for litigators to maintain visibility yet many lawyers barely use it. Posting once a year isn’t enough. The lawyers who use it well build trust at scale. They share insights regularly, engage with their clients’ updates and comment thoughtfully on industry conversations.

You don’t have to post daily. Consistency matters more than volume. Even one or two posts a week can establish you as a steady voice. Short videos explaining a case in plain language or posts that connect legal developments to client concerns resonate far more than long, dense articles. Over time, you’ll build an audience that thinks of you when litigation arises.

Tips:

• Post consistently so your network sees you as active and engaged
• Comment on client and colleague updates to show support and stay top of mind
• Use LinkedIn messages to check in privately with contacts in between cases

Listen More Than You Talk

The best business developers are excellent listeners. Clients want to feel heard and often they’ll tell you exactly what they need if you ask the right questions and stay quiet long enough. Listening shows respect and builds trust.

When you’re meeting with a client or prospect, prepare open-ended questions that invite them to share what’s on their mind. Listen carefully not just to what they say but to what they’re concerned about. Sometimes the real issue is hidden beneath the surface. By reflecting back what you hear, you demonstrate understanding and position yourself as someone who truly gets their challenges.

Tips:

• Go into meetings with open-ended questions prepared
• Resist the urge to jump in with solutions before the client finishes
• Reflect back what you’ve heard to confirm you’re aligned

Develop Relationships With In-House Counsel Early in Their Careers

It’s easy to focus only on the general counsel or senior decision makers. But the junior and mid-level in-house lawyers you meet today may become tomorrow’s general counsel. By building relationships with them early, you create loyalty that lasts.

Treat junior in-house lawyers with respect. Invite them to events. Share resources that help them look good internally. Check in to see how their careers are progressing. When they reach more senior roles, they’ll remember the lawyer who took them seriously when others didn’t.

Tips:

• Connect with junior in-house counsel on LinkedIn after working together
• Invite them to webinars, roundtables or trainings
• Keep in touch even when they’re not the decision maker yet

Stay Engaged With Alumni

Your alumni network can be one of the most valuable sources of business development. Former colleagues often move in-house or join other firms where conflicts may lead to referrals. These relationships are warm contacts because you’ve already worked together and they know your style.

The mistake many lawyers make is ignoring alumni until they need something. Instead, stay engaged regularly. Attend alumni events, connect on LinkedIn and reach out with a quick note when you see a colleague change roles. Congratulate them on career moves and share updates that might interest them. Staying present ensures that when a litigation need arises, you’ll be one of the first people they think of.

Tips:

• Join your firm’s alumni programs and show up regularly
• Reach out to alumni contacts a couple of times a year
• Share updates that tie to their industries or roles so your outreach feels relevant

Be Patient but Persistent

Business development takes time. Litigation needs are unpredictable and clients may go years without calling you. That’s why persistence matters. The efforts you make today may not pay off immediately but they lay the groundwork for future opportunities.

Patience doesn’t mean passivity. It means committing to consistent actions even when results aren’t immediate. Keep planting seeds — lunches, notes, posts, presentations. Some will sprout quickly. Others will take years. Over time, you’ll build a steady pipeline.

Tips:

• Track your outreach so you can see long-term progress
• Focus on building a rhythm rather than relying on big bursts of effort
• Celebrate small wins like meetings or referrals even if they don’t lead to immediate work

Bring Value Beyond the Case

Clients notice when you help them beyond the immediate dispute. Offer training for their teams. Develop checklists or policies that make their lives easier. Share lessons you’ve learned that help them avoid future problems. When you show that you’re invested in their long-term success, not just the current matter, you become indispensable.

This is how you shift from being a litigator they hire for emergencies to being a trusted advisor they involve earlier. That’s when the most rewarding relationships — and the best opportunities — take shape.

Tips:

• Offer short workshops or trainings tailored to client needs
• Share templates or resources that reduce risk and save time
• Look for ways to deliver value that makes the client’s job easier

Track and Measure Your Efforts

Too many litigators approach business development reactively, without tracking what’s working. You wouldn’t litigate a case without a strategy and a way to measure progress. The same principle applies here.

Create a simple system to measure your outreach. Track who you’ve spoken to, which content got engagement and where introductions came from. Over time you’ll see patterns. Maybe lunches lead to more referrals than conferences. Maybe LinkedIn posts spark more conversations than long client alerts. Knowing what works lets you double down on the activities that bring the best return.

Tips:

• Keep a monthly log of outreach, meetings and follow-ups
• Review results quarterly and adjust your approach
• Focus more energy on the activities that consistently create opportunities

What Really Matters

Litigation work will always be unpredictable but your approach to business development doesn’t have to be. The lawyers who succeed are the ones who treat visibility, trust and relationship building as part of their practice every day.

Clients want to work with litigators they know and respect. They want someone who understands their business, who shows up consistently and who delivers value outside of active disputes. If you keep showing up, listening carefully and offering insights that make your clients’ lives easier, you’ll create not just a book of business but a career that grows in a lasting way.

Connect with me on LinkedIn, X, Threads, YouTube, Instagram, sign up for my email list and follow my blog.