In To Sell is Human, Daniel Pink introduces the idea of upserving – doing more for the client without necessarily pushing for a bigger sale.
Unlike upselling, upserving isn’t about expanding scope or inflating a proposal. It’s about helping the client make better decisions, spotting opportunities they may not have considered, and ultimately delivering more value – whether or not that leads to an immediate commercial benefit.
For many lawyers, the biggest barrier to business development is the fear of coming across as salesy. But upserving reframes the conversation. When the starting point is genuine curiosity and a desire to help the client, it no longer feels like selling – it feels like doing your job well.
Practical ways to upserve in legal BD
- Use client conversations to uncover what’s next: Ask about upcoming challenges, not just current issues. For example: “What’s on your radar for the next quarter?”
- Share insights that are genuinely useful: Not a generic newsletter – but a tailored article, short briefing, or trend update based on a conversation you’ve had.
- Spot internal needs beyond your usual contact: If you’re working with the legal team, could HR, procurement or compliance also benefit from advice?
- Connect the dots: Introduce them to someone facing a similar issue. Or invite them to an event where they’ll meet useful peers.
- Anticipate – don’t just respond: If you know the business is scaling, offer to talk through their future structure. If you see a risk, flag it early.
The more curious you are about your client, the more valuable you become.
