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Edgy Ethics In Law Firm Competition

By Excerpts from Ed Wesemann
December 27, 2004

[Editor's Note: Thanks to law firm strategist Ed Wesemann ([email protected]) for allowing me to share these thoughts from his recent EDGE International emailing. Ed, in turn, acknowledges inspiration from Hardball, by George Stalk and Rob Lachenauer, pub. Harvard Business School Press. (c) 2004 by Ed Wesemann.]

When a large appliance manufacturer staged a beauty contest to consolidate its regional product counsel, a midsized litigation boutique firm wanted to compete for the work against the firms that had traditionally done the company's work. Its competitors were very large general practice firms and, even though the firms stacked up evenly in terms of the quality of their lawyers, the boutique firm believed the large firms were terribly inefficient in their staffing and handling of cases. They entered into a strategic alliance with a bill auditing firm, and a member of that firm participated with the boutique's lawyers as part of the presentation team. The message was: “We will have the bills audited at our expense before they are even sent to you.” The tactic not only enhanced their competitive advantage, but attacked the competitors as being too expensive without actually saying it.

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