Practice guide

Commercial real estate law firm business development: finding clients

Commercial real estate business development starts when a company buys a building, signs a long lease or opens a new site. Find those companies, work out which matter comes next, clear conflicts, and write to the person who hires counsel.

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The short answer

Commercial real estate law firm business development starts from a moment: a company buys a building, signs a long lease or opens a new site. Each brings purchase, financing, lease, zoning and construction work, and a person who hires outside counsel. Clean finds companies at those moments, with the evidence behind each one, the person who hires counsel and who can introduce you.

Key takeaways

  • Commercial real estate work clusters around three moments: a purchase, a long lease and a new site.
  • Read each moment for the next matter. By closing, the purchase work is done; build-out and leasing often are not.
  • The general counsel usually signs the engagement letter, but the CFO and the head of real estate often shape the choice.
  • Default to a truthful written first touch, run conflicts first, and check your own state's solicitation rules.
01

What commercial real estate business development covers

This page is for firms whose real estate clients are companies: owner-occupiers buying buildings, tenants signing long leases, and businesses opening plants, warehouses and offices. It is not about residential closings or estate planning, which a lot of the real estate law firm marketing and real estate attorney marketing advice online mixes in.

That changes the job. A residential practice markets to consumers and agents at volume. A commercial practice needs fewer clients, chosen well: companies whose real estate decisions keep producing matters, from the purchase and the loan to the lease, the build-out and the next site.

The demand is there. Among firms tracked in the Thomson Reuters Institute's Law Firm Financial Index, real estate demand rose 3.6% year over year in Q2 2026, the fastest of the eight practices in its chart (overall demand rose 3.0%). The index reports on Am Law 100, Am Law Second Hundred and midsize firms, so it describes larger firms, not the whole market.

02

The three moments that start commercial real estate work

Most commercial real estate work starts from one of three moments. A company buys a building or land, signs a long lease, or opens a new site such as a plant, a distribution center or a headquarters. Each one sets off a familiar chain of legal work.

A purchase brings the purchase and sale agreement, diligence (title and survey review, zoning, environmental review), acquisition financing and the closing. After closing come the build-out contracts, service agreements and, if the owner will not use all the space, leases to tenants.

A long lease brings the letter of intent, the lease itself, the work letter that governs the tenant's build-out, any guaranty, and an SNDA (subordination, non-disturbance and attornment agreement) with the landlord's lender. Renewal, expansion and exit rights set up the next matter. The CFO cares too: under the FASB lease standard (ASC 842), a tenant that reports under US GAAP carries a lease longer than 12 months on its balance sheet as a right-of-use asset and a lease liability.

A new site stacks the most work: site acquisition or a ground lease, zoning and land use approvals, design and construction contracts, and construction financing. It often arrives with another moment (a large contract won, first imports under the company's own name, an acquisition), which can mean government contracts, trade and customs or M&A work for the same client.

03

Which moment creates which work, and who hires counsel

Use this as a planning grid for your target list. The first touch topic is general and useful on its own. It points at the next matter, not the one already closed, and it never comments on the company's own deal.

Commercial real estate moments, the work each creates, and a first touch topic

MomentLegal work it createsWho hires counselUseful first touch topic
A company buys a building for its own usePurchase agreement, diligence (title, survey, zoning, environmental), acquisition financing and closing, then build-out contractsGeneral counsel or CFO; the owner or CEO where there is no in-house lawyerCommon build-out contract terms for owner-occupiers after closing
A company signs a long lease for offices, a warehouse or a plantLease negotiation, work letter, guaranty, SNDA, renewal and expansion rightsVP of real estate or facilities with the general counsel; the CFO signs offFit-out construction contracts, and subleasing or exiting the old space
A company opens a new siteSite acquisition or ground lease, zoning and land use approvals, construction contracts and financingVP of real estate or facilities and the CFO; the owner at smaller companiesThe usual order of land use approvals and construction contracting on a new build
A company sells its building and leases it backSale agreement plus a long lease on the same spaceCFO and general counsel; the owner at a private companyAlterations, renewals and subleasing under a sale-leaseback lease
04

Who hires outside counsel for a commercial real estate deal

Four people show up again and again. The general counsel usually signs the engagement letter and sets outside counsel guidelines. The CFO owns the financing and the balance sheet effect of a long lease, and takes large commitments to the board. The VP of real estate or facilities runs the site search and lease negotiation and often has a say in which firm papers the deal. At a private company with no in-house lawyer, the owner or CEO makes the call.

Their needs differ. A head of real estate who signs leases every year wants speed, a consistent form and local market knowledge. An owner buying a first building wants the process explained and the risks ranked. Pitch the same practice two ways. For how the selection itself runs, see how companies choose outside counsel.

Brokers, lenders and accountants see these deals up close and can recommend you. ABA Formal Opinion 501 says recommendations by third parties who are not employed or retained by you, and whose communications are not directed to make specific statements to particular prospects on your behalf, generally are not solicitations. Do not hand them a target list or talking points: under Rule 8.4(a), a lawyer cannot do through another person what the lawyer could not do directly. Do not pay for those recommendations beyond Rule 7.2(b)'s narrow exceptions, such as nominal thank-you gifts.

05

Recent commercial real estate sales: read them for the next matter

A list of recent commercial real estate sales looks like a prospect list, but the purchase work on each deal is finished. The buyer usually hired its lawyers before it signed. Read the sale for what it sets up next.

An owner-occupier that just closed has a build-out ahead. An investor that bought a multi-tenant building has leasing to do. A buyer of land faces zoning and land use approvals and construction financing. A seller that leased its building back now lives under a long lease. When you write, open with that next matter, not the one that just ended.

Check conflicts first, and your state's solicitation rules before you write. If your firm acted for the seller, the lender or the landlord, the other side of that deal is not your prospect for it.

06

Ethics rules for reaching out after a purchase or lease

This is not legal or ethics advice. Rules differ by state and some changed in 2026, so check your own state's version and ask ethics counsel when in doubt. A note sent to a company because it just bought a building or signed a lease can be a solicitation under ABA Model Rule 7.3(a).

  • Write, do not call. Rule 7.3(b) bars live person-to-person solicitation (in person, live phone, real-time video) when pecuniary gain is a significant motive, unless an exception applies. The ABA comment points to mail and email as the alternative.
  • The business-purposes exception is narrow. It covers people who routinely use this type of legal service for business, like the ABA's example of small business proprietors who routinely hire lawyers for lease or contract issues. A family business buying its first building may not qualify. Not every state has the exception: California does not, and it also bars real-time electronic contact, which can catch DMs and chat. Florida treats cold calls as prohibited solicitation.
  • Know your state's written rules. Florida requires "Advertisement" as the first word of an unsolicited email's subject line, a statement of qualifications, a disclosure of how you learned of the specific occurrence that prompted it, and submission to the Bar for review at least 20 days before first use unless exempt. California requires "Advertisement" or similar words on written solicitations about a particular matter, with exceptions. New York adopted the ABA's approach to Rules 7.1 and 7.3 effective June 1, 2026, including the business-purposes exception, and dropped its "Attorney Advertising" label and old solicitation submission rules.
  • No urgency and no diagnosis. Under the Rule 7.1 comments, a truthful message can mislead if it suggests the reader must act when no action is required. Do not write as if you have reviewed their lease.
  • Name a responsible lawyer with contact information (Rule 7.2(d)), claim specialist certification only from an approved body you name (Rule 7.2(c)), and stop if someone says they do not want to be solicited (Rule 7.3(c)).
  • Run conflicts first and never pitch the other side of a deal the firm is on (Rule 1.7). If the company then consults you about the deal, it is a prospective client under Rule 1.18: even if you are not hired, you may not use or reveal what it told you, except as the rules allow.
  • Keep client deals out of pitches without consent, even deals the press has reported (Rule 1.6 and ABA Formal Opinion 480).
  • Do not have staff or agencies make live contact you could not make yourself (Formal Opinion 501, Rules 5.3 and 8.4(a)).
07

What a good first touch looks like

Keep it short, written and useful on its own. The partner whose practice matches the moment sends it. It offers one piece of general expertise and makes no claim about the reader's own deal.

Example (invented): a 200-person medical device maker signs a long lease on a new assembly building. After a conflicts check, the firm's leasing partner writes to the CFO with a two-page note on how tenants commonly handle the fit-out construction contract and the exit from an old space. She names herself as the responsible lawyer, follows her state's labeling, disclosure and Bar review rules (including saying how she learned of the lease, where required), and does not follow up after a no.

An introduction beats a cold note. If someone you know has worked with the CFO, ask whether they would introduce you, and leave the wording to them. Map who in your team's network can introduce you before you write.

08

Where Clean fits for a commercial real estate practice

Clean finds companies at moments that create legal work. For a real estate practice, that means a purchase, a long lease or a new site, each of which comes with financing, zoning and construction agreements. For each company, Clean gives the reason, the practice area it touches and the person who hires outside counsel (usually the general counsel, the CEO or the owner), plus who in your team's network can introduce you. The other moments, from contracts won to acquisitions, are on Clean for law firms.

Open any company to see every record behind the reason, each with a note on the legal work it creates, so a partner can check the facts before writing. Anything Clean cannot confirm stays marked unknown. You set who to look for by industry, company size, region and the kind of matter you want, and who to leave out, such as current clients. Clean covers companies only, not individuals or consumer matters.

Clean does not use intent data, which guesses interest from ad clicks, page views and content downloads. It works from real-world records of what companies actually do, like buying a building. See how Clean works for the full picture.

Clean does not send messages for you. Your partners decide whether to reach out, to whom and what to say. Book a demo to see companies in your market with a moment that creates work in your practice, and who to reach.

Common questions

How do commercial real estate law firms get new clients?

Most commercial real estate work starts from a company decision: buying a building, signing a long lease or opening a new site. Firms that grow the practice track those moments at companies that fit, work out which matter comes next, clear conflicts, and reach the person who hires counsel with a truthful written note or a warm introduction, within their state's solicitation rules. Companies that buy, lease and build regularly tend to become repeat clients.

What is the difference between real estate law firm marketing and commercial real estate business development?

Much of the real estate law firm marketing advice online targets residential closings: local search, reviews and agent referrals aimed at consumers. Commercial real estate business development targets companies. The buyer is a general counsel, CFO, head of real estate or owner, the matters are larger and repeat, and the approach is research on specific companies plus relationships, within each state's rules on solicitation.

Who hires outside counsel for a commercial real estate transaction?

Usually the general counsel, who signs the engagement letter and manages outside firms. The CFO weighs in on financing and on long leases, which land on the balance sheet under US GAAP. The VP of real estate or facilities runs site searches and lease negotiations and often has a say in which firm does the work. At private companies without in-house counsel, the owner or CEO decides.

Can a real estate lawyer contact a company that just bought a building or signed a lease?

In writing, and with care. Under ABA Model Rule 7.3, live solicitation for pecuniary gain, in person, by phone or by real-time video, is barred unless an exception applies, and the business-purposes exception is narrow and absent in California. Written notes must be truthful, avoid urgency and meet state rules such as Florida's labeling, disclosure and review requirements. Run conflicts first, and check your own state's rules with ethics counsel.

Are recent commercial real estate sales good prospects for a law firm?

Rarely for the purchase itself, since the buyer usually hired counsel before signing and that work ends at closing. A sale is more useful as a clue to the next matter: build-out contracts for an owner-occupier, leasing for an investor, zoning and construction financing for a land buyer, and a long lease for a seller that leased back. Check conflicts before reaching out.

Sources

  1. 01Q2 2026 LFFI: A heavier load, yet a faster crossing, Thomson Reuters Institute, 2026-08-10
  2. 02Law Firm Financial Index, Q2 2026 Executive Report (practice demand growth), Thomson Reuters Institute, 2026-08-10
  3. 03Accounting Standards Update No. 2016-02, Leases (Topic 842), Financial Accounting Standards Board, 2016-02
  4. 04Model Rule 7.3: Solicitation of Clients, American Bar Association, Accessed 2026-09-28
  5. 05Comment on Model Rule 7.3, American Bar Association, Accessed 2026-09-28
  6. 06Comment on Model Rule 7.1, American Bar Association, Accessed 2026-09-28
  7. 07Model Rule 7.2: Communications Concerning a Lawyer's Services: Specific Rules, American Bar Association, Accessed 2026-09-28
  8. 08Model Rule 1.7: Conflict of Interest: Current Clients, American Bar Association, Accessed 2026-09-28
  9. 09Model Rule 1.18: Duties to Prospective Client, American Bar Association, Accessed 2026-09-28
  10. 10ABA issues guidance on 'live person' lawyer solicitation to clarify existing model rules (Formal Opinion 501), American Bar Association, 2022-04-13
  11. 11Formal Opinion 501: Solicitation, American Bar Association, 2022-04-13
  12. 12Ethics opinion stresses lawyers' duty of confidentiality when blogging (Formal Opinion 480), ABA Journal, 2018-03-06
  13. 13Handbook on Lawyer Advertising and Solicitation, Thirteenth Edition, The Florida Bar, 2025-12-10
  14. 14California Rules of Professional Conduct 2026 (Rule 7.3), State Bar of California, 2026
  15. 15The Amendments to the Advertising Rules, New York State Bar Association, 2026-08

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