Ask 100 lawyers why they entered the profession and my guess is that few would answer that it was because they wanted to write pitch documents.The trouble is that law firms are unusual businesses, in that even senior managers still work in and not just on them: partners still usually carry out fee-earning work, rather than concentrating on leadership and strategy. These same people are often involved – at least to some extent – in pitch writing. But no one pays a fee for the hours they spend writing pitches. And partner fees are, of course, higher than those of more junior lawyers.
And while senior associates are charged out at a lower rate, they usually spend more time on fee-earning work. So again there’s usually a significant cost in terms of lost revenue for time spent on pitch documents.
In either case, therefore, there’s a natural tendency to push such tasks down the priority list.
Even if you’re lucky enough to have a fully staffed bids team to do the bulk of the work for you, the odds are that fee-earners will need to spend time writing key sections or editing the final document. And that all costs the firm money. Little wonder then that some are tempted to short-cut the process of focusing on the client’s needs, falling back on a document that’s more about the firm and how great they think it is.
The trouble is, of course, that the pitch document and its big brother, the RFP, are commercial facts of life in the modern law firm, whether we like it or not. This is perhaps more the case now than ever before. The recession has driven clients to look beyond their favourite firms and put more work out to pitch. Written evidence of value for money is paramount, and these days a firm’s pitch documents are critical tools in the drive not just to win work but to keep what it already has.
So for a firm to survive and build its business in today’s tough climate, it’s critical that it pushes pitch writing back up the agenda. And this means truly focusing on it. Cobbling together a deal list or cutting and pasting sections from the last bid may not be enough to give you the edge.
Biographies also need to be tailored. Ask yourself why you’re telling the client about where you started your legal career. Will that help build the case for working with you? Likewise, what expertise do you have that’s relevant to this pitch (more so than others) that you are not telling them about?
Strategies that may have worked before may not work in today’s more competitive climate. ‘Bible’ pitches of 30 pages or more will probably not get read (although they are still expected in certain markets, such as in the Far East). But documents that demonstrate expertise can work well. Giving away advice may go against the grain, but a few pearls of wisdom that hint at hidden treasures can work wonders.
It may not seem like it’s worth going to all this trouble – especially if you suspect the prospective client is rate-fishing and unlikely to shift from its preferred firm. But bear in mind that there’s a lot less loyalty out there these days: a persuasive argument coupled with demonstrable and relevant expertise may well turn their head.
Besides, consider the alternative. A pitch that’s thrown together with proforma text can lose you a lot more than a place on a legal panel. Pitch documents are an important component in the firm’s marketing mix. So even if you don’t win, it may still be worth the fees you sacrificed to work on it.
A good one might be costly if you don’t win. But a poor one can cost a lot more than the deal. By changing the opinions of key decision-makers one client at a time, ultimately it could even cost the firm’s reputation.
Rob Ashton is chief executive of Emphasis, which helps lawyers improve their business-writing skills
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