For many legal departments, outside counsel selection still starts with relationships, familiar firms, and past experience.
Those factors matter. Legal work is high-stakes, and relationships can be valuable. But as legal departments face more pressure from finance, procurement, and executive leadership, the old approach is getting harder to defend on its own.
Outside counsel is often one of the largest areas of legal spend, yet many teams still lack a consistent way to compare firms, evaluate value, and manage performance after selection. T
That’s where a well-run RFP can help.
RFPs are not about replacing legal judgment with a procurement checklist. They are about giving legal teams the structure and information they need to choose the right firms for the right work.
Below, we break down five common RFP myths and what legal teams should do instead.
Myth #1: Legal RFPs Are Just a Procurement Exercise
One of the most common objections to RFPs is they exist solely to satisfy procurement requirements.
In reality, well-designed legal RFPs are strategic decision-making tools. They help legal teams gather meaningful information about a firm’s expertise, staffing approach, technology investments, pricing model, and overall fit.
The goal is not to replace legal judgment with a procurement process. It is to give legal teams the structure and insight they need to choose the right firm for the right work.
What to do instead: Position RFPs as a collaborative evaluation process focused on finding the best partner, not simply fulfilling a procurement mandate.
Myth #2: The Lowest Bidder Always Wins
Many law firms assume RFPs are simply a race to the bottom on price.
The reality is far more nuanced. RFPs are as much about information as they are about the best price.
Leading legal departments evaluate proposals across multiple dimensions, including:
- Matter strategy
- Relevant experience
- Staffing models
- Predictability
- Technology capabilities
- Overall value
While cost matters, it is rarely the sole deciding factor. In fact, organizations often favor firms that demonstrate the strongest overall value proposition, even when they are not the lowest-cost option.
What to do instead: Evaluate firms holistically. Focus on total value and expected outcomes rather than hourly rates alone.
Myth #3: We Already Know the Best Firms
Many legal departments rely on a small group of trusted firms they’ve worked with for years.
The challenge is that legal markets evolve quickly.
Firms develop new capabilities. Rising talent emerges. Technology investments change service delivery models. New competitors enter the market.
Even when incumbent firms ultimately retain the work, a structured RFP process often uncovers valuable information about alternative providers and reveals opportunities to improve existing relationships.
As Jason Winmill noted, the process frequently surfaces insights that legal teams simply wouldn’t have the opportunity to learn about otherwise.
What to do instead: Treat RFPs as a market intelligence exercise, not just a vendor selection exercise.
Myth #4: Formal RFPs Damage Law Firm Relationships
Some legal leaders avoid RFPs because they worry trusted firms will view them negatively.
In practice, the opposite is often true.
When handled thoughtfully, RFPs create opportunities for deeper conversations around expectations, service models, innovation, and value. They establish transparency and encourage meaningful dialogue between legal departments and their outside counsel.
The key is communication.
Law firms generally understand that legal departments face increasing pressure to demonstrate value and manage costs. A well-run process reinforces accountability without undermining trust. Additionally, modern firms are structured in a way that they now have full visibility into their data and operating models, and are positioned to partner with legal departments on something that is a win-win.
What to do instead: Focus on transparency, professionalism, and clear communication throughout the process.
Myth #5: Once the Panel Is Selected, the Work Is Done
This may be the most expensive myth of all.
Selecting outside counsel is only the beginning.
The most successful legal departments continue managing relationships after selection by establishing:
- Clear scope definitions
- Staffing expectations
- Budget guidelines
- Communication protocols
- Performance metrics
- Regular review cadences
Without ongoing governance, many of the benefits gained during the RFP process can quickly disappear.
As the presenters noted, selecting a firm is simply the first leg of the marathon. Real value comes from how the relationship is managed over time.
The Bottom Line
Legal RFPs are no longer just procurement exercises. They have become strategic tools that help legal departments gain valuable insights from their law firm partners, improve decision-making, strengthen outside counsel relationships, and maximize value from legal spend.
The organizations seeing the greatest success aren’t treating RFPs as one-time events. They’re using structured evaluation processes, data-driven insights, and ongoing governance to build stronger partnerships and better business outcomes.
The question is no longer whether legal departments should use RFPs. It’s whether they’re using them strategically enough.
