Law firms are being subjected to ever-
more demanding pitch and tendering
processes. Larger firms have teams
dedicated to the winning of such business,
whilst smaller firms tend to have a client
partner who leads the firm’s response to
such opportunities. Across the spectrum,
there are some overall guidelines which,
if followed, can help to improve win rates.
The pressure to grow revenue
streams has created an environment
in which the default position amongst
the unsophisticated is to pursue any
opportunity, no matter how obscure. On
any rational consideration, this cannot be
sensible. Success in winning any mandate
is, first and foremost, about selecting the
right sort of work to try to win.
Looked at strategically, these will be
engagements that play to the firm’s strengths
and leverage its reputation, allowing it to
demonstrate value to the client in a way
which is more attractive and compelling
than its competitors. The competitive context
is everything and it is critical to have an
objective view of the likelihood of success.
The pitch/no-pitch decision needs to be
framed with objective decision-making criteria
in order to ensure that limited resources are
deployed to best effect.
Paradoxically, the quickest way to
improve pitch win rates is to pitch far less
but with a dramatically increased focus.
A sharply focused approach means that
more time (generally a firm’s scarcest
resource) can be deployed in developing
the opportunity, tuning the proposal and
following up the meeting or presentation.
The more considered business
developer will look for opportunities to
create an un-level playing field, areas in
which they can gain a competitive edge
by unearthing hidden requirements which
often will not have been fully articulated
by the client. Most crucially, there will
be a recognition that the production of a
proposal document and attending a pitch
meeting is but one milestone in the overall marketing and sales process.
It is important to appreciate that
maximising the opportunities and chances
of success starts much earlier. In taking
an end-to-end pipeline view of the winning
business continuum, a range of factors come
into play which benefit from an integrated
approach. This starts not with the invitation
to pitch, nor the initial conversations
which lead to it, but during the ongoing
implementation of marketing communications
strategies which create awareness of the
firm, what it stands for, its key practice
or sector strengths, its client base, the
keynote work it is famous for and the way in
which it marshals its resources to achieve
the best results for its clients. This is the
communications groundwork which sets the
context and provides the environment
in which personal selling can flourish.
The impact of brand
Reputation, positioning and relationship
development are all key to winning legal
services mandates. It is important to
appreciate that, even when the ultimate
decision is price driven, it will rarely be the
case that cost is the only factor. This will
only happen when the decision makers
cannot discern any differences (on criteria
which are of value to them) between the
competing offers. The challenge is to craft
a position in which clients are prepared to
pay for unique added value and so avoid
being caught in a downwards spiral of
‘cheapest firm wins’.
In complex purchasing decisions,
alongside personal relationships which will
always be important, the brand of the firm
and its ability to deliver consistent levels of service provide assurances of safety
and evoke client confidence that they have
made a choice which is good at both the
organisational and individual level.
Once this reputational or brand context
is formed, relationship development at an
individual level can be pursued in a far
more effective way. It is through developing
such strong relationships, exploring
requirements more fully and understanding
relative competitive strengths more
completely that a focused submission
can be crafted which maximises the
chances of success.
It should also be appreciated that there
are many activities that can be initiated
after the submission of a proposal to tip
the scales in one’s favour. This period of
client decision making is often avoided by
nervous professionals, almost as if they are
awaiting exam results. Yet here is a window
of opportunity to demonstrate enthusiasm,
commitment and commerciality that should
be exploited to the full.
Enforcing policy
Partners will generally accept the strategic
logic of a focused approach to sales
and proposition management as well
as how it fits within a wider marketing
and sales strategy. However, during the
implementation of such an approach,
they may be challenged at a personal
rather than intellectual level. They may,
for example, fall foul of the ‘pitch /
no-pitch’ selection process and find their
own opportunities judged insufficiently
attractive to pursue.
How the firm deals with such situations
is the true test of management mettle in
creating an approach that utilises limited
resources most effectively in order to
maximise results.