Like Wearing a Neon Suit to a Funeral
For the longest time, the biggest fight between businesses and even people, was resources.
You needed land to farm.
You needed fresh water to survive.
You needed metal to make better tools and weapons.
Now, apparently, we need the internet to binge-watch Season 2 of Bridgerton.
Jokes aside, the reality of market saturation and the ever-expanding number of great lawyers and law firms means positioning and differentiation are more important than ever.
We talk a lot about being different and finding your unique selling proposition (USP). But I realized we rarely talk about the reverse. So let’s do that.
Below are some bad differentiators, the ones that make you look like Elle Woods at a “costume” party, just without the moxie to make it work.
Being a Great Lawyer
I don’t even think I need to explain this one. If you’re here, you already know.
But just in case, with all due respect, no shit, Sherlock.
Being a great lawyer is table stakes. It’s what keeps you in the game. And honestly, how does a client even know if you’re great?
Board certification is impressive, but do clients really understand the rigorous process you went through to earn it? Probably not. A large number of online reviews likely impacts them far more.
So please, be a great lawyer. Be the best. Just don’t rely on that alone to set you apart.
Being Client-Focused
A close second, and by far the most common “unique” thing I hear from lawyers.
No firm is going to admit they don’t “put the client first,” “treat clients with respect,” or “care about your case.”
As consumers, we expect great service except, apparently, from our cell phone companies, local utilities, and tech support. Your clients expect no less from you.
To be clear, there are specific ways to deliver a truly different client experience:
- A client concierge for non-legal needs
- A real-time online case portal
- Guaranteed response times for calls and emails
But simply saying “we provide better client service” is not a differentiator. It’s the baseline.
Creativity (a.k.a. Bullshit Marketing Speak)
You can’t “optimize the estate planning process,” “recreate the personal injury case flow,” or “synergize the intersection of tried-and-true approaches with a tech-forward digital landscape of the future.”
That last one sounds impressive, but what the hell did I just say?
Your differentiator needs to be clear, actionable, and ideally trackable. Something you can prove and consistently deliver on.
Threshold Law (or Door Law)
Doing everything for everyone sounds appealing. It isn’t.
There is no way to be a great lawyer who practices every type of law. You can’t read all case law, attend every conference, stay current on every practice area, and maintain every piece of software.
That’s how you end up committing the dreaded M-word spoken in hushed tones like Voldemort: malpractice.
Price
On one hand, price is incredibly easy for competitors to match.
On the other, they might undercut you and go out of business faster.
And honestly, did you really go to law school to do $3,000 worth of work for $8? (Criminal lawyers: I mean charging $8, not collecting $8 after billing $3,000. Different conversation.)
Competing on low price is a race to the bottom. Even when you win, you lose.
That said, being the most expensive firm in town can work, if you own it.
- “Come see why we’re the most expensive firm in town.”
- “We charge more because we’re faster, get better results, and handle things you didn’t even know you needed.”
It’s not price competition I hate. It’s low price competition.
Things to Consider
Your differentiation has to make sense in context. My dad always jokes about a Harvard grad doing PI work in town—it just doesn’t compute for him. Fair or not, perception matters.
You need credentials to back up your claims. If you say you have the most five-star reviews, prove it. If you say you’re #1, show where you rank. “Client-focused” is hard to verify unless it’s tied to something concrete.
And you need to communicate your differentiation everywhere, your website, welcome emails, drip campaigns, ads. People can’t believe what they never see.
Some Differentiation That Actually Works
Be first to specialize.
New niches still exist: legal cannabis, NFTs, decentralized business disputes. Blue oceans are still out there.
If you can’t be first, be dominant.
Facebook beat MySpace.
Nintendo beat Atari.
Every surviving phone beat the Palm Pilot and BlackBerry.
Own your thing.
Morgan & Morgan own size. You need to own something. Protect it. Trademark it if possible. Build moats so others can’t easily copy it.
Be a leader.
Leadership looks different in law. It might be bar leadership, teaching CLEs, or sheer market presence. There’s more than one path.
Have history.
“Founded in 2021 after I got fired” doesn’t sell trust. Longevity does. Roots do. People trust firms that aren’t going anywhere.
Specialize in your market.
Practice area, geography, or client type, pick one and hammer it.
Be the preferred provider.
Hard to prove at scale, but endorsements from unions, associations, or niche organizations go a long way.
So what’s your differentiator?
What does your firm stand for that convinces your ideal client you’re the right fit?
Let me know—we may feature you in a future newsletter (with your permission).
Until next week—have a great weekend and enjoy.