Smallfirmville

Recently, I came across an article on Law.Com's Small Firm Business, entitled, "What Makes a Lawyer Great?" by Molly Peckman.

I thought, “what a great topic for an article,” and clicked on the link, anxious to gain insight from my small firm and solo peers.

What I got was a slap in the face. Actually, it was more like a beating.

In her quest to determine what makes a lawyer great, Ms. Peckman considered contacting lawyers from “Philadelphia’s Best Lawyers 2009” magazine. She was reluctant, however, suspecting that the winners are those with the best public relations campaigns.

“Hallelujah!” I shouted with enthusiasm rivaling the Harlem Boys Choir. Molly wasn’t going to drink the Kool Aid.

In the next moment, however, my elation began to wane. As quickly as Ms. Peckman had dismissed Philadelphia’s Best Lawyers, she did a one-eighty and decided to embrace them as ideal candidates. Ms. Peckman had changed her mind after calling Philadelphia’s Best Lawyers and finding out that the winners are voted-in by their peers. Good old democracy in action.

Now, I have been in practice for fifteen years. Every year, New York’s Best Lawyers (same publisher as Philadelphia) comes in the mail and passes into my circular file in near-mint condition. I have never received a ballot. None of my colleagues or co-workers have ever received a ballot. So who does get to vote? Stealing a page from Ms. Peckman, I called Best Lawyers and quickly found out the answer.

Are you sitting down? Good.

The answer is: This year’s Best Lawyers are elected by last year’s Best Lawyers.

What? You didn’t hear me? Okay, I’ll speak up a bit.

This year’s Best Lawyers are elected by last year’s Best Lawyers.

Let me put it to you another way. If our government had employed Philadelphia’s Best Lawyers' methodology, either Peter Griffin or Dick Cheney would be President right now.

If I wasn’t irked enough at the hypocrisy of it all, the voice on the other end of the phone volunteered one final parting shot: “Most of the candidates come from the big law firms.”

Of course, this came as no great surprise. I have been long-resigned to the fact that laypeople think bigger is always better. So I returned to reading the article, hoping Ms. Peckman’s judgment would improve.

It didn’t.

In deciding who to ask, “What makes a lawyer great”, Ms. Peckman selected lawyers from twelve different firms. Of the twelve firms, nine have 50 attorneys or more. The smallest had around 20. (Mind you, we’re talking Philadelphia firms, not New York City firms.) Ms. Peckman also selected, I assume by pure happenstance, an attorney from her own thousand-attorney law firm.

Apparently, 20 is the smallest thing Ms. Peckman can see from her station, way up in the clouds. I guess I really can’t fault Ms. Peckman. In these days of big firm meltdown, kissing-up is key to survival.

What really hurt, though, was the betrayal by my would-be colleagues at Small Firm Business. By publishing Ms. Peckman’s article, they tacitly conceded on my behalf that bigger is best.

The K.O. punch was delivered by Ms. Peckman.

Ms. Peckman described each of her choices as a “lawyer’s lawyer.” Ms. Peckman defined a lawyer’s lawyer as “the kind of lawyer another calls or would recommend to a loved one, the kind of lawyer other lawyers respect.”

Good golly, Ms. Molly!

Where I come from, that is the definition of lawyer. Are things so dour at Dechert that merely doing the right thing elevates you to the rank of superhero?

So, what is the answer to the question, “What makes a lawyer great?” I would suggest that all of Ms. Peckman’s candidates missed the mark. While I have never received an accolade for being a lawyer, other than perhaps a “thank you,” I leave you with my opinion:

The great lawyer zealously represents his or her clients. At a reasonable price.