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In law school, we're trained to have the answers. We study cases, memorize statutes, and prepare for Socratic-method cold calls where having the right response is rewarded. This conditioning follows us into practice, where clients expect us to provide concrete solutions to their complex problems.
But the dynamic is different when we’re engaged in business development - where our greatest value doesn't always come from having all the answers.
Two Types of Expertise
There are two distinct forms of expertise at play in the lawyer-client relationship:
Legal knowledge expertise: The substantive understanding of law, precedent, and strategy that clients obviously want.
Client discovery expertise: The methodical process of uncovering the client's true situation, goals, and constraints—often including issues they haven't recognized themselves.
Most attorneys excel at the first but many undervalue the second. This is understandable - legal education and training conditions lawyers to believe their worth lies in providing legal answers, when often the greatest value comes from asking the right questions.
However, failing to discover a client or prospective client’s true situation (i.e., building and demonstrating “client discovery expertise”) is a big mistake. Why? The most important reason is that clients consistently say they want to work with lawyers with this sort of expertise. When clients say (and they say it all the time in, for example, surveys of in-house lawyers) they want a lawyer who “understands my business” or “has experience working with businesses in my industry” or “proactively brings ideas to us, just doesn’t react to what we ask of them” - they’re pleading for lawyers to discover what really matters to them.
They appreciate your legal expertise. But what they really need is for that expertise to be applied with a deep understanding of their needs, their context, and their future business plans.
The Business Development Audition
So why and how is this relevant to business development?
I often refer to the business development process as an audition - an opportunity to give the client a preview of what it's like to work with you. Another way I’ve heard this sentiment expressed: The sale is the sample of the engagement to come.
If you come armed with all the answers to a business development conversation, and simply fire away, that’s the best indicator a prospective client has as to how you’ll serve them as their legal counsel. If you fail to lead with curiosity and discover the prospective client’s true situation, then you’ll miss a critical opportunity to differentiate and deliver what the prospect wants from their trusted advisor.
Consider what often happens in an initial consultation to drive this point home.
The prospective client explains their situation. As they speak, your legal mind is already analyzing. You recognize the issues, you know the relevant precedent and roadmap, you're formulating solutions.
Before they've finished speaking, you're ready to demonstrate your expertise by outlining your recommended approach.
But this is the moment where many budding relationships veer off course.
Why? Because when you rush to provide answers, you miss the opportunity to demonstrate that you’re motivated to understand what the client truly needs - which may differ from what they initially think they need - and showcase your ability to be a true trusted advisor.
Questions as Your Competitive Advantage
The most successful rainmakers I work with have mastered the art of asking great questions during the business development process. They resist the urge to showcase their legal expertise too early and instead follow a deliberate process of discovery questions:
What are you ultimately trying to accomplish?
What have you tried already?
What would an ideal outcome look like for you?
What constraints are we working under?
What concerns keep you up at night about this situation?
These questions uncover critical context that might never emerge if you jump straight to solution mode. They also demonstrate that you genuinely care about understanding the client's unique situation.
The Counterintuitive Truth
Here's the paradox: Your substantive legal knowledge gets you in the door, but it's your questioning process that truly sets you apart. Clients don't just want answers—they want to feel understood.
The next time you're meeting with a prospective client, challenge yourself to spend twice as long in question mode as you normally would. Notice how this changes the dynamic and depth of the information you receive.
Remember: What you know (your legal expertise) earns you a seat at the table. But your desire to understand what you don't know is what will keep you there.
Jay Harrington is president of our agency, a published author, and nationally-recognized expert in thought-leadership marketing.
From strategic planning to writing, podcasting, video marketing, and design, Jay and his team help lawyers and law firms turn expertise into thought leadership, and thought leadership into new business. Get in touch to learn more about the consulting and coaching services we provide. You can reach Jay at jay@hcommunications.biz.