Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Ask The Coach

BY Mike O'Horo
May 01, 2003

Q: We occasionally receive RFPs for work that we really don't want. How can we gracefully phrase the “thanks but no thanks” letter?

A: I wouldn't send a letter. Instead, I encourage you to use this as an opportunity to see how you're positioned with this prospect. First, be very clear and specific internally about why you're not interested. Reasons might include:

  • Your firm prefers not to do this kind of work, or is emphasizing other types of work now.
  • You're skeptical about legitimacy of competition, eg, you perceive little chance to win the work due to a longstanding incumbent.
  • The pricing is undesirable.
  • Your firm rejects all RFPs as expensive, unwieldy, undesirable processes.

Recognize that, on some level, the sender believed that your firm would welcome the RFP, so there is a gap between your respective perceptions. Call and acknowledge receipt of the RFP and, after thanking the originator for thinking of your firm, ask, “What made you decide to include us in this RFP?” Most responses will suggest that the sender perceives that you have the necessary skills. (“If they can do this work, they will want to.”)

Now, gently correct those perceptions:

  • “Actually, we've shifted our emphasis recently to [work type] and are phasing out [work type].”
  • “Haven't you been using ABC Firm for that for a long time? Under what circumstances could you envision using someone else?”
  • “We're potentially interested in working with you on this, but we have some real concerns about the pricing cited in the RFP. Can we explore that issue?”

Your goal in this conversation is to achieve one or more of the following, in descending order of attractiveness: 1) modify the specs to make the prize more attractive and increase chances of selection; 2) avoid “wired” or pro forma selection processes; 3) create a face-saving basis where you and the sender agree that it may not make enough mutual sense to continue the RFP process together.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.