David K. Taylor | BuildSmart
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes. I learned from my mistakes and was lucky enough to have great construction lawyer mentors to lean on and learn from, so I try to be a good mentor to young construction lawyers. Becoming a great and successful construction lawyer is challenging, but the rewards are many. The following is No. 6 of the top 10 mistakes I have seen construction lawyers make, and yes, I have been guilty of making this same mistake.
No. 6: Not Marketing Your Skills: Internally and Externally
You are a proud construction lawyer. Like Liam Nelson in many of his movies, you have a “special skill” set. You are both a transactional lawyer when negotiating construction contracts and a “dispute resolution” specialist when called upon. Unlike most “litigators,” who normally get involved after a dispute occurs, you are brought into a matter by a client early on in a project to provide legal and practical advice so that a full-blown dispute never happens – or if it does, the client will be in a better position to achieve a good result. You are an aggressive fact finder and zealous advocate. You know more about the way a construction project is financed, negotiated, documented and built than some of your clients. You can provide a more accurate analysis of probable outcomes of disputes, especially in arbitrations.
Then what’s the MISTAKE? The assumption in this post is that you want to be a successful, well respected, and – yes – profitable construction lawyer. If the answer is no, you are not reading this post. The mistake I often see, especially with young construction lawyers, is that they do not properly market themselves with these “special skill sets” both internally within the law firm and externally to fellow lawyers and the construction industry. This includes failing to make cross marketing a priority.
Marketing Internally
Of course, marketing yourself internally depends on your experience, the size of your law firm and your construction group. But you can’t sit back in your office and expect work to come to you or be fed work by a partner. Referrals can come from within a firm, whether from transactional lawyers or litigators. Establish yourself as one of the “go to” lawyers for reviewing and negotiating construction contracts, reviewing arbitration clauses in non-construction contracts, and for all things related to arbitration. Offer to put on seminars about your practice or attend monthly practice group meetings for other groups. Send relevant construction law updates to your partners who are assisting potential construction clients in other practice areas. Pay attention to trends in the industry and deals being worked on internally, especially with clients for whom you have done work. Make yourself available (and do great work) if asked to help a client by a non-construction attorney at your firm. Seek out and create relationships with the most successful lawyers in your firm or group and ask how they achieved their success. The benefits of a personal “in person” relationship, not just via zoom or email, are substantial.
Marketing Externally via the Bar
Because of the very nature of construction, and the number of parties involved in a construction project (lender/developer/owner/designer/prime contractor/subcontractor), referrals by other lawyers due to conflicts regularly happen. If the construction bar in your area doesn’t know you, other lawyers will not refer work to you, and that has to change. Consider doing the following to help build you brand within the local/state construction bar:
- Join and actively participate in your local or state bar construction committee, and that can include committees focusing on ADR. If there is not one, create one through your bar or via a separate organization. Contact the folks in charge of CLE for your local and state bar associations and offer to put on a construction (or even arbitration) related CLE program, which may be only an hour. In Tennessee, we created the “Tennessee Association of Construction Lawyers”, and it has been highly successful.
- Try to write articles to be published in local or state bar magazines. The ABA Construction Forum is a great national construction lawyer organization, but it takes a willingness (as well as your firm’s support) to regularly attend meetings, actively participate, and work your way up to leadership positions.
- Consider writing a series of blog posts, which can be picked up by national media groups. These efforts may also be taken into consideration when the various groups select “rising stars” and “best of” in different legal fields.
Marketing Externally to the Construction Industry
Many successful construction lawyers focus their marketing efforts not on other lawyers but on construction industry groups. There are national construction organizations (such as ABC, AGC, ASA) that have local and state group meetings. Although frequently overlooked, there are also specialty construction groups, whether roofing, masonry, road building, specifications, or architects. Each group meets monthly and has state and national conferences… for which they need speakers. Research and consider joining these groups, go to the monthly lunches, and actively participate. Offer to put on continuing education at no charge. In addition, research which specialty groups publish magazines. Any time you visit a client see what publications are out front in the waiting area. What organizations are they a member of? Offer to co-speak on a topic at an upcoming meeting. Submit an article of interest geared towards that group. Many times this results in invitations to speak at national meetings. All of these efforts (as well as keeping your firm bio updated) can raise your profile within your law firm and group.
Marketing and Cross-Marketing to Existing Clients
Be proactive in knowing your client’s business. Keep up with their projects and any awards. Many companies want to promote from within and educate their employees. You can offer to put on presentations at their office, which also solidifies you as their “go to lawyer.” Finally, never overlook the fact that construction clients, like any other business, have many legal needs. If you work for a full-service firm, make the client aware that your firm can provide labor, banking, real estate, and transactional expertise. Getting that work into your firm not only helps you succeed but also makes for very happy, impressed and appreciative non-construction lawyers. The bottom line is this: Don’t be “that” construction lawyer. Be proactive in determining how your special skills can translate into becoming an even more successful lawyer. Make and stick to a written plan with both short- and long-term goals. Seek advice from your mentors. This may not immediately result in recognition and new clients, but business development is a process, and you have to stick with it in order for any plan to be successful.
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When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 888.684.8305, or email experts@adviseandconsult.net.