I feel like a lot of the work done in litigation (at a midsize firm) can be done equally well by most attorneys. It seems like we are all just a commodity and easily fungible. What skills can one attain to change that or to develop some type of uniqueness?

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I’m not at a mid-sized firm, but I have the opposite feeling. Sure, priv logs and doc review can be done by replaceable attorneys, but even written discovery requests, discovery disputes/hearings, not to mention case dispositive briefings, can and have been very poorly done even by well-credentialed biglaw attorneys. In biglaw, I’ve definitely seen a variety of competence among associates, both at my own firm and from opposing counsel.

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100% agree. I’ve been so unimpressed by some biglaw associates, especially in the deposition arena.

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I may be naive, and I’ll take that, but I always think personality is a major separator for attorneys across practice areas. People may think they want a “bulldog” in litigation but those people can be really tough to work with (and people typically mirror - so if you’re a jerk, you’re gonna bring out the jerk in others). If you are genuine and likable and dependable, your clients may see you as more than a means to their end and it may be easier for you to manage their expectations, get them on the path to results, and make rain via client referrals. I am a transactional attorney and my charm is definitely what separates me from others with similar credentials. My significant other is a litigator with a firm but likable disposition and he is a great rainmaker if not the best trial attorney. Maybe all anecdotal evidence here (haha), but marketing and making rain can also set you apart.

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There are definitely things everyone can do similarly at a high-level, but there are definitely differences in the quality of work being put out. I often work with multiple other big law firms on joint defense groups, and they are NOT all created equal. Once you work a while you see those with good work, great ideas, who really bring value to the table versus those who do half-assed work that could be done by *anyone* and basically ride on the work of others.

What you can do to make yourself unique is make sure your putting out your best work. Bring ideas to the table. Don’t be afraid to suggest offensive or defensive strategies just because it might be “more work” (granted, make sure you’re consulting with your client to ensure they’re OK with spending the money on offensive and defensive work). Be in the know on recent case law in your area. Know your judge(s) and their quirks— it’s more valuable than many realize.

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Actually we are mostly fungible but don't say it out loud.

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What an asinine comment.

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I think some people are better at depositions than others. More so are differences in softer skills like negotiating with another attorney in person or phone or mediation. Of course hearing and trial skills vary and some excel where others don’t

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No no no. Not everyone can think on their feet like a litigator needs to, dig in to a witness in depos, or think several steps ahead to fend off what the opposition will or will likely do in certain circumstances.

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There is a big difference, attorney to attorney. If you read other pleadings, went to trial or conducted depositions, you would certainly see that. Try not to get bogged down by your day to day work and see where you can help the office in other aspects to expand your abilities in law. Sounds like you have been doing the same thing, over and over, for a long time. Stretch yourself.

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There are some skills that are true differentiators – foreign language and technical knowledge. However even if you do not have these skills you can excel by being superior at the commonly shared legal skills - oral advocacy, written communication.

Bring in new clients. This is how you distinguish and impress.

It helps to be naturally gifted. And if not, it helps to be focused. Best to be gifted and focused.

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