From order taker to decision shaper: how BD and marketing professionals in law firms can lead better bid decisions
For many BD and marketing professionals working in law firms, the bid or no-bid process is all too familiar:
A tender notice arrives. It’s forwarded to partners with the question: “Do we want to go for this?”
The answer is often a reflexive “yes.”
BD scrambles to pull together a bid, often without strategy, insight, or meaningful input from the lawyers involved. The result? A lost bid — or worse, a win at a margin so thin it barely covers the effort.
Why law firms say yes to too many bids
It’s tempting to assume partners say yes out of habit or optimism. But the drivers are more complex:
KPI pressure: Some firms measure success by number of bids submitted, not by quality or outcome.
Revenue gaps: Partners chasing work to fill a lull often feel compelled to go after any opportunity.
Fear of missing out (FOMO): Not bidding can feel like handing work to a competitor.
Lack of opportunity cost awareness: Few people stop to ask, “What are we giving up to chase this?”
The result? Reactive bids that drain resources and diminish impact. And BD left in an administrative role rather than a strategic one.
Shift from order taker to strategic advisor
So how do BD and marketing professionals change the dynamic and help guide better bid decisions?
1. Ask smarter questions
Instead of “Should we bid?”, try:
How did we come to be invited? Do we have an existing relationship, or are we just one of many?
What’s driving this RFT ? A real opportunity, or a box-ticking exercise?
Is this aligned with our priorities, or are we chasing to fill a gap?
If we say yes to this, what are we saying no to?
Will we compete on value or just price?
These kinds of questions help shift the discussion from gut feel to strategic thinking.
2. Influence without authority
Many BD professionals don’t have formal decision-making power.
But that doesn’t mean you can’t influence outcomes:
Pre-brief partners before meetings so they’re aware of risks
Use past examples of wasted bids to prompt reflection
Enlist respected partners to advocate for more strategic bidding.
3. Use a structured bid decision framework
A clear, consistent framework helps guide bid/no-bid decisions. For example:
| Factor | High score (Bid) | Low score (No Bid) |
|---|---|---|
| Relationship strength | Known, trusted | No prior contact |
| Strategic fit | Aligned with growth areas | One-off, low-value work |
| Competitive landscape | Few strong rivals | Saturated, incumbent advantage |
| Win probability | High, based on insight | Purely speculative |
| Financial viability | Profitable model possible | Fee-sensitive, low-margin |
| Resource availability | Team has capacity | Already stretched |
Even a basic tool like this can help partners pause and think before defaulting to yes.
4. Cultivate gravitas in bid conversations
To shape decisions, you need to be seen as credible.
That means:
Preparing properly, bring insight and evidence
Speaking with clarity, avoid weak language like “I think”
Making clear recommendations, and owning them
Being respectfully firm when needed, especially when a no is the smarter answer.
5. Reframe your role
Bids aren’t just a process to be managed; they’re a strategic activity.
And BD’s role is central to helping the firm:
Pursue the right opportunities
Avoid time-wasting dead ends
Build a stronger reputation.
When you stop chasing everything and start shaping strategy, the firm wins more — and so do you.
Final thought: will you lead the conversation?
BD and marketing professionals have more power than they think. By shifting from reactive to strategic, you can:
Avoid costly, unwinnable bids
Improve proposal quality and outcomes
Earn respect and influence
Make the bid process far less stressful.
About the author
Amy Burton-Bradley is a legal tender strategist and the founder of Bidtique. Law Firm Tenders is her resource site for firms who want to sharpen their approach to tenders, bids, and proposals.