One of the most dreaded situations a lawyer can face is when a longstanding client asks you to re-tender. If you have a good relationship with the client and are regularly seeking feedback on your performance through independent client service reviews, such re-tendering situations rarely come out of the blue to catch you by surprise.
It is a common misperception that most tenders result from poor performance by the incumbent lawyers. In many organisations, particularly those from the public sector, regular market testing of suppliers is the norm, and you will have become accustomed to having to pitch every two to four years or so in order to retain the client. Another common reason for tender situations is the arrival of new personnel at the client, particularly new in-house counsel. They will have worked with other law firms in the past, will have their favourites, and will be suspicious of the law firms that they inherit, particularly if they do not know the firms and the lawyers concerned.
