Once again,  Mark Herrmann offers a reason for the occasional visit to Above the Law, in contrast to  its other columnists who plumb the depths of puddles.  In his Inside Straight column, Mark raises one of the most common whine of lawyers, the lack of appreciation of their exceptionalism.

One of the also-rans wrote to complain: “I’m terribly disappointed by the result of your RFP process. My firm is exceptionally talented in this area. We do precisely this same work for many other clients, and those other clients are delighted with our work. We indicated a willingness to be flexible on fees. I just don’t understand why we didn’t win this work.”

Ha! Observe the delusion of personal exceptionalism!

In my mind, I hear readers saying, “what’s wrong with that? That’s why I would do.”  Glad you revealed yourself.  Now for the explanation.

Look: We invited twelve firms to bid for this work. All twelve could (and did) tell us that their firms are exceptionally talented in this area. All twelve also told us that their firms do precisely this same work for many other clients, and those other clients are delighted with the work. Across the board, all twelve firms were willing to be flexible on fees.

When you speak, you all sound the same. And, so far as I know, you might all be telling the truth. I don’t doubt for a second that many of the finest firms in the world do good work and have satisfied clients. So the things that you insist set you apart — you say that you do good work and that your clients like you — don’t set you apart at all. At best, they make you one of the pack, which gives you a one in twelve chance of winning the RFP. This time, you lost.

Yes, your branding guru told you to write on your website that you’re “experience, aggressive and caring.”  And maybe it’s even true, at least a little bit.  But the guru said the same thing to the other 27 lawyers who paid for his advice.  What? You thought you were the only lawyer who strung three words together?

There’s a reason why sleazy lawyers proclaim themselves the best thing since sliced bread on the internet, because they know that otherwise they’re just part of the pack.  Their hopes of wealth and success depend on finding someone stupid enough to believe them, and, sadly, there are people on the internet who are indeed that stupid.

But for the lawyers who believe their press releases, Mark’s point is critical.  So you’re a great lawyer?  Whoopdy do.  So are others. You are not the only one who can claim happy clients and successful outcomes, though your unhappy clients and unsuccessful outcomes are somehow easily forgotten.  The point is that it doesn’t make you special.

In anticipation of someone asking the obvious and simplistic question, “so what do I do about it,” the answer is grow up, learn to take it in stride and conduct yourself with dignity.  Whining about being the loser isn’t going to impress anyone.  What it does is tell others that you aren’t nearly as brilliant as you think, that you don’t understand that the things you consider exceptional are in fact banal and ordinary.  You may well be a fine lawyer, but you’re hardly exceptional.

But there is something you can do, even if you’re not exceptional.  You can work your hardest for every client. You can conduct yourself with dignity and integrity. You can be proud of the effort you’ve given to every case, knowing that you have fulfilled your duty to zealously represent each client.  Still, you won’t get every case and may not become a household name.  You won’t be the only lawyer who works hard and cares about his clients, no matter what you do. 

There may be a way to distinguish yourself, but it’s not by saying that you’re distinguishable. Next time, try something else.

How about distinguishing yourself by being honorable and competent?  No, it’s not a panacea and it may not get you the gig, but at least you will be able to sleep at night.  And you never know, others may come to appreciate you in this sea of puffery and deception.  Maybe it will distinguish you.  It certainly won’t hurt you any.