Building your own independent litigation practice, standing on your own as a litigator, is the goal for many who enter litigation. It is deeply rewarding, and also a gradual, demanding journey built on foundations laid over time. Let me give you an honest, step-by-step guide to building an independent litigation practice, grounded in reality and the professional rules.
Quick answer
Building an independent litigation practice, practising on your own account rather than only as a junior in someone else’s chamber, is typically a gradual journey built on foundations you lay over time. Broadly, it involves building a strong foundation first, developing your skills, experience, competence and reputation, usually through your years as a junior and in practice; building your reputation and relationships, since work can come through reputation, referrals and professional relationships built through good work; acquiring and serving clients well, getting work through permissible professional channels and doing excellent work that builds more of the same; managing the practicalities, including the practical and administrative aspects of running your own practice; and growing gradually and sustainably, because an independent practice typically develops over time and requires patience, persistence and financial realism.
Crucially, growth must happen within the professional conduct rules. The Bar Council of India states in its current published rules that an advocate shall not solicit work or advertise in any manner. So building a practice should be approached through reputation, referrals, professional relationships and good work, rather than conventional advertising or solicitation.
And honestly, building an independent practice is a gradual, demanding journey, especially early on. The practical and financial realities matter, so realistic expectations and patience are essential.
Step 1: Build a strong foundation first
An independent practice is built on a strong foundation: your skills, experience, competence and reputation, usually developed through your years as a junior and in practice.
So before, and as, you build independence, build this foundation. Become genuinely competent, gain real experience, and start building your reputation and professional relationships. A solid foundation is what makes an independent practice viable.
Step 2: Build your reputation and relationships within the rules
Because litigation work can come through reputation, referrals and professional relationships, building these is central to an independent practice. Do good work, which builds reputation, and build genuine professional relationships and your network, including relationships with seniors, peers and the wider legal community.
Crucially, all of this must remain within the professional conduct rules. The current Bar Council of India rules expressly state that an advocate shall not solicit work or advertise in any manner. So this is about reputation, referrals, relationships and good work, not advertising or solicitation.
Step 3: Acquire and serve clients well
Acquire clients through permissible and genuine means, such as referrals, reputation and professional relationships, and serve them with excellent work.
Doing excellent work not only serves your clients but also strengthens your reputation and can lead to further referrals and work. That creates a virtuous cycle: good work builds credibility, credibility can lead to referrals, and those opportunities give you more chances to build your practice.
So focus on getting work through the appropriate channels and delivering outstanding work that builds more of the same.
Step 4: Manage the practicalities
Running your own practice involves practical and, where relevant, business and administrative aspects. You have to manage your practice, your work and the practicalities of operating independently.
Attend to these sensibly so that the practice runs well. The important point is that any business or practice-management activity must also remain within the applicable professional conduct rules.
Step 5: Grow gradually and sustainably, with patience and realism
An independent practice typically builds up gradually over time, so patience, persistence and financial realism matter.
Honestly, the early period of building an independent practice can be demanding, including financially, as the practice develops. So grow gradually and sustainably, keep building your foundation, reputation, relationships and client base, and plan realistically for the economics of the building phase.
Realistic expectations are essential to building sustainably.
YLCC ACTION STEP: Build an independent litigation practice gradually, on solid foundations. First build your skills, experience, competence and reputation, usually through your junior years and practice. Build your reputation and professional relationships within the professional rules. The current Bar Council of India rules prohibit advocates from soliciting work or advertising, so verify the applicable professional conduct rules before taking any step aimed at client acquisition. Acquire clients through appropriate professional relationships and referrals, serve them with excellent work, manage the practicalities of running your own practice, and grow gradually with patience, persistence and financial realism. Plan for the demanding early period, including financially, and build steadily.
PLEASE DON’T DO THIS: Please do not try to build a practice through advertising or soliciting work. The Bar Council of India’s published rules prohibit advocates from soliciting work or advertising, so verify the current professional conduct position before using any client-acquisition or promotional method. Build instead through reputation, referrals, professional relationships and good work. And do not expect an independent practice to build overnight or underestimate the demanding early period, including financially. It is a gradual journey, so be patient, persistent and financially realistic.
If this is you
If you are aiming to build an independent practice: build the foundation first, including skills, experience and reputation. Then build your professional relationships and client base within the applicable rules, and grow gradually and sustainably.
If you are worried about the early period: it is honest to say that it can be demanding, including financially. Plan for it, be patient and persistent, and build steadily on a solid foundation.
If you are unsure how to get clients: focus on reputation, referrals, professional relationships and good work rather than assuming that advertising or solicitation is permissible. Check the current professional conduct rules before taking any action.
FAQs
- How do you build an independent litigation practice? Gradually, on solid foundations: build your skills, experience and reputation; build professional relationships within the applicable rules; acquire and serve clients through appropriate professional channels; manage the practicalities; and grow gradually and sustainably with patience and financial realism.
- Can I advertise to grow my practice? The Bar Council of India’s published rules state that an advocate shall not solicit work or advertise in any manner. Verify the current professional conduct rules before using any promotional or client-acquisition method.
- Where does the work come from? Litigation work can come through reputation, referrals and professional relationships built through good work.
- Is building a practice hard early on? Honestly, it can be a gradual and demanding journey, especially early on, including financially. Patience, persistence and financial realism matter.
- What foundation do I need? A strong foundation of skills, experience, competence and reputation, usually built through your junior years and practice. An independent practice is built on this.
