No one ever got fired for buying IBM.
So goes the saying. What it really means is that buying a big-name product is generally seen as a safe bet, a lower-risk purchase. A cautious move.
The same thing is said about hiring big law firms. No one ever got fired for hiring Cravath. Or Sullivan & Cromwell. Or here in Boston, Ropes & Gray.
The logic goes this way: If your big law firm wins your case, then everyone says, "Well, of course they did. They're Cravath." And if they lose the case, everyone says, "Well, that can happen to anyone. No one wins all their cases."
But if your company chooses a smaller, lesser-known, perhaps-less-expensive boutique, the conversation goes differently. If they win your case, everyone says, "Well, it was a risky move. It's a good thing they won." And if heaven forbid they lose your case, everyone says, "Who the hell is Boutique Law Firm? And why didn't you hire Cravath?"
So risk-averse buyers of legal services buy the big-name firm, despite its being more expensive. In fact, they buy the big-name firm because it's more expensive. They go through a silent casuistry that goes like this: "The firm must be good because they charge so much. People wouldn't pay that much if it wasn't."
The truth is, we all do this. We ascribe qualities to products and services based on price and name recognition. Asked to choose between two glasses of wine, those of us who aren't oenophiles will usually say that the more-expensive one is better if — and only if — we know the prices beforehand. We buy status-symbol products because we think they're better, when in fact we're really buying them because they're more expensive.
Confessional time: I wear a Breitling watch. It was an anniversary gift from my lovely wife, but I got to pick it out. It's supposed to be a high-performance chronometer (not just a mere watch). Actually, it says it's a chronometre, which is better because it's in French. (Of the Swiss variety, of course.) It certainly seems to work well. But the truth is, I really don't know if it keeps better time than a Casio. And I've haven't fallen off a boat with it and sunk to 500 meters, so I can't really test if the claim in tiny letters on the face is true.
But if you held a gun to my head, I'd say ... well, I'd first say, "Whoa, what the hell's with the gun to my head?" — but then I'd tell you that the real reason I wear the Breitling is because it is expensive. (And because my lovely wife bought it for me.) It is a bit of a status symbol. Because people who notice it and know a little bit about watches will recognize it, and maybe they'll think I'm successful and good at what I do. I wear it because of what it says about me. Is it a good watch? Sure it is. It must be. People wouldn't pay that much if it wasn't.
What expensive things have you bought because of what they say about you? Clothes? Cars? A MacBook Air? An iPhone? Organic lettuce? A venti latte? Single-malt scotch? Share your own confessions in the comments.
But back to law firms. You might hire an expensive law firm because they really are the best. Or you might hire them because it says you can afford an expensive law firm. Or because it says you made the cautious choice, even if it was more expensive.
If you hired a discount law firm, what would that say about you?
And if you hired a law firm that used open, upfront prices based on the value of the desired result, what would that say about you?