Etiquette drives success when responding to requests for proposals

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Remember that unit in law school about legal writing for requests for proposals?

Probably not, because RFP responses only are dealt with in real-life legal practice. But industry professionals say many would be well-served by a class in proper RFP etiquette.

Here’s what they would tell students if such a course were in session:

Keep it simple

Waukesha attorney Kevin Moran said he had his own version of the “Keep it Simple, Stupid,” or K.I.S.S. rule, for RFP responses: “Answer the Question, Stupid.”

“My rule has always been, the shorter the better,” said Moran, who heads Michael Best & Friedrich’s Advanced Manufacturing Industry Group.

Sheila Luken, head counsel-employment law for QBE Americas Inc., said simplicity could be the key to landing the job. She recently issued an RFP for national employment law counsel and the company that got QBE’s nod had a concise response, which was part of its appeal.

“I didn’t want a lot of fluff and jargon,” Luken said. “I didn’t want to dig through that to find the answers. So when a response was direct, it showed me they understand that my time is valuable and I appreciated a serious response.”

T. Michael Rathburn, counsel at Johnson Controls Inc., Milwaukee, said cutting back on self-promotion was a good way to keep RFP responses on target.

“What I don’t like is an RFP response that’s 100 pages long, and 50 pages of it is generic marketing material about the firm,” he said. “I want to know substantively what you can do, and the value you can bring, for the specific problem or project that I need help with.”

Call first

If an RFP identifies who to call with questions, don’t hesitate to contact that person, but make sure you follow directions.

In the case of Luken’s recent RFP, she invited four firms to respond, three of which followed up with calls seeking more information about QBE’s needs, how they make decisions and more. She appreciated that they followed the instructions, she said, especially obeying the directive on whom to call, rather than tapping connections they might otherwise have within the company.

But if you’re going to call, be strategic, Moran cautioned. Make the conversation friendly, but brief, and script a few substantive questions beforehand.

“You want to go in with an agenda — not to just chat,” he said. “You want to know more about this client, what their needs are, what keeps them awake at night. Plus, you want to demonstrate that you’re efficient and organized, and someone they’d like to do business with, who values their time.”

Answer the questions

Luken put a lot of time into her recent RFP, she said, and found the best responses directly answered her questions and demonstrated the type of relationship she envisioned.

“I put a lot of thought into, ‘What do I want this relationship to look like?’” Luken said. “We have a fairly sophisticated in-house employment law group, so we don’t need basic employment law services. It was important to me to demonstrate that understanding, versus when it sounded like they could be sending this to a small human resources department without in-house employment lawyers.”

Good responders also followed the RFP’s format, she said, which Luken and her co-workers found helpful when comparing the responses side-by-side.

Creativity is acceptable

Don’t be afraid to mix it up, Moran said. Sometimes a concise narrative is best. Other times, bullet points or charts can

work, as long as they’re responsive to the question.

Rathburn said he was open to out-of-the-box thinking.

“As long as the points we’re asking for are being addressed,” he said, “I’m OK if a response is a little different and challenges our thinking a little bit.”

A little humility, please

Luken said excessive self-praise wasn’t especially persuasive. To her, it suggests that marketing staff, rather than the attorneys she might be working with, drafted the response.

Rathburn agreed, saying, “We know your firm has the capability. Because we sent you the RFP, you already made the first cut.”

Proofread, then proofread again

Sometimes responses are written by a team, such as when an RFP seeks multiple legal practice areas for the work. The smaller the response team is, the more likely you’ll produce an RFP that is consistent in tone, with answers of a common length.

Moran recommends tapping a marketing staffer to help coordinate the response.

Once a draft is completed, then open up the response to others for proofing, said Jennifer Rupkey, director of client development for Michael Best & Friedrich LLP, Milwaukee. The more eyes, the better, she said.

“We’ve seen firms that have gotten knocked right out of the box because they put something together that had typos or gross formatting errors,” Rathburn said. “If you don’t at least spend the time to put something together that’s free of basic syntax, formatting and typographical errors, then how much attention are you going to pay to the substantive legal work we’re asking you to opine on?”

Be timely, but not too early

“Increasingly, the way in-house legal departments are staffed, everybody’s underwater,” Rathburn said. “So getting it in early is great, but the chances of most in-house counsel reading it early because we have so much time aren’t strong.”

Under no circumstances should you ask for an extension, Moran said. Getting it in the day before its due might be wise, or first thing in the morning on the day it’s due works, as well. Sending a response late in the day on the due date technically might make deadline, but could convey a lack of timeliness or interest.

Remember your reader

When crafting an RFP response, keep in mind not just the individual listed on the RFP, but also the company, and what might displease them. For example, Moran said, don’t list a case you handled where you took a legal position that might seem contrary to the interests of the potential client.

And don’t respond in a way that suggests you use its competitors’ products.

In other words, per Rupkey, “Don’t FedEx your response to UPS’s RFP. ”

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