Pitch
Definition and Origin
The term “Pitch” originates from English and, literally translated, means “presentation”, “introduction” or “promotional appearance”. In a business context, a pitch describes the process in which an organization, company or individual convincingly presents an idea, product or service within a short timeframe, usually with the goal of persuading others of its benefits or securing an assignment. In international law firms and business environments, the term is firmly established and often replaces German expressions such as “offer presentation” or “introductory presentation”.
Meaning in the Law Firm Context
In day-to-day law firm operations, a pitch usually refers to the formalized presentation before a potential client or principal in order to recommend oneself as the suitable law firm for a particular mandate or project. The aim of a pitch is to highlight one’s own areas of expertise, working methodology, and unique selling points in order to stand out in the selection process. Pitches take place both by invitation of interested companies and as part of self-initiated client acquisition.
In the international competition for mandates, the pitch is of particular importance, as more and more large companies award their legal services through structured selection processes (“beauty contests”). Different law firms are specifically invited to present their position and capabilities. In other business areas—such as transactions, consulting projects or litigation representation—a pitch also serves the purpose of presenting before decision-makers.
Framework Conditions
Legal Aspects
A pitch serves solely for information and presentation, without immediately creating contractual obligations. Only after acceptance of an offer does an attorney-client relationship become legally binding. Nevertheless, law firms must ensure not to disclose confidential or protected information during pitches, especially if several participants are involved.
Organizational Aspects
Conducting a pitch requires thorough preparation. Typically, customized presentations are created, teams are selected, and specific examples are prepared. Pitches often take place both in person and digitally, depending on the location and preferences of potential clients.
Additionally, the presentation of one’s own capabilities, availability, the composition of the client team, as well as relevant experience and references play an essential role. In many cases, deadlines and requirements set by the client must be strictly observed.
Cultural Aspects
Internationally operating law firms must take into account different presentation styles and communication forms when pitching. While some countries prefer formal presentations, other cultures value personal interaction or informal elements more highly. Sensitivity to these differences is essential to the success of a pitch.
Practical Examples and Typical Scenarios
- Acquisition of new mandates: A law firm is invited by a company to present its advisory services for a planned company acquisition in a pitch. Requirements, expectations, and areas of expertise are presented in a personal conversation.
- Project-based tenders: Several interested law firms participate in a tendered pitch for the support of a comprehensive compliance project. Each party presents its strategy and approach within a limited timeframe.
- Presentation as part of a panel formation: Companies regularly select law firms for framework agreements. The candidates introduce themselves, along with their team and working approach, in the context of a pitch process.
- International mandate awards: When seeking location consulting in various countries, international law firms are asked to present their capacities and experience in the relevant market.
Differences to Similar Terms and Potential Misunderstandings
In professional practice, it is easy to confuse a pitch with other forms of presentation, such as an “introductory meeting” or “workshop”. While introductory meetings are often purely informative and workshops are structured to be more interactive, a pitch explicitly aims for selection in a competitive environment and is always linked to a concrete decision by the client.
Another common misunderstanding is to equate pitches with regular internal or project-related meetings. Whereas the latter involve team discussions or exchanges with existing clients, a pitch is always directed at external decision-makers as part of a selection process.
Frequently Asked Questions
What is the goal of a law firm pitch?
The main goal is to convincingly present the firm’s own performance in order to increase the chances of being awarded a mandate or project. In doing so, the pitch aims to win the trust of the client and demonstrate the law firm’s suitability.
How do pitches differ by industry or region?
Depending on industry requirements or the local market environment, not only the topics differ, but also the presentation style, language, and scope of materials. Especially for international mandates, intercultural skills and adapting to regional standards are important.
Who participates in a pitch?
Typically, partners or members of the management as well as professionals from the relevant practice areas take part. Depending on the project scope, the pitch team may be composed differently to ensure the client’s interests are best represented.
What content is particularly important in a pitch?
Relevant contents include the presentation of specific experience, team composition, the planned advisory approach, references, remuneration models, as well as an overview of service quality and accessibility.
Are there risks with pitches?
One challenge is the disclosure of sensitive information and the effort involved in preparation without a guarantee of winning the mandate. Care in selecting information to be disclosed and efficient use of resources are therefore essential.
This article provides a structured overview of the term pitch in the international law firm context and is intended to help beginners and applicants understand and apply it in practice.
Frequently Asked Questions
What copyright aspects need to be considered in a pitch?
When pitching ideas, particularly in creative fields such as film, music, design, or advertising, it should be noted that pure ideas are generally not protected by German copyright law. Rather, it is the concrete expression or presentation of an idea—the so-called “work”—that is protected. In the context of a pitch, for example, a script excerpt, mood board, presentation folder, or a polished song lyric can be protected by copyright, provided it meets the required threshold of originality (individual intellectual creation). Therefore, it is advisable to focus on concretizing and documenting one’s own work in a pitch as much as possible. Other relevant aspects include marking materials, specifying the date, and identifying the authorship. For later evidence, it is advisable to precisely document any materials provided to third parties (e.g., using a handover protocol or registered mail).
How can I protect the work I present in a pitch from unauthorized use?
An effective way to protect materials presented in a pitch from unauthorized use is to clearly label all materials to be presented (e.g., with watermarks, copyright notices, or confidentiality legends) and to agree on a so-called confidentiality agreement (NDA – Non-Disclosure Agreement) when invited to or participating in a pitch. This contractually obliges the recipient of the idea to maintain secrecy and not to use the idea. Such agreements should be as specific as possible and include penalties for violations. Without such protection, there is a risk that presentations or parts thereof may be adopted and exploited without consent, which is particularly difficult to pursue legally in the case of content that is not expressly protected or general in nature.
Is the client liable if they use ideas or work after the pitch without consent?
If a client uses ideas or concretely developed works provided during a pitch without the author’s consent, they may, depending on the individual case, be liable for damages and subject to injunction claims. However, this generally requires that the presented material is protected by copyright or that there is an explicit (including implied) contractual agreement between the author and client—for example, via an NDA or terms of participation excluding use. In the event of unauthorized use, claims for injunction, damages, and possibly surrender of profits may arise. If the presented material is not protected by copyright and there is no contractual safeguard, legal enforcement is difficult.
What legal pitfalls exist for pitches involving multiple participants?
If several individuals or companies are involved in developing a pitch concept, so-called co-authorship or joint copyright relationships may arise. This means that the right to the work is held by several parties and its use or exploitation must be coordinated with all involved. If the contributions of individuals are adopted or edited, copyright, usage rights, and any claims from employment or service contracts must also be observed. Therefore, it is advisable to make written agreements in advance concerning the allocation of rights and to clearly regulate who contributed what, how the work may be used, and what remuneration, if any, is owed to participants.
What are the special considerations regarding competition law in connection with pitches?
If a client uses information or concepts obtained during a pitch for unfair competition to their own advantage, for example, by adopting confidential, innovative approaches without awarding a contract, this may constitute violations of the German Unfair Competition Act (UWG). Provisions for the protection of trade secrets (§ 4 UWG and the Trade Secrets Act [GeschGehG]) are particularly relevant, provided a pitch involves confidential or internal information. Exploitation without consent can be considered unfair imitation or a violation of trade secrets, and may result in claims for injunction, removal, and damages.
How can I contractually control the use of my pitch content?
Rights to the content presented in a pitch can be managed via individually negotiated contracts. This includes explicit agreements on the scope of use, remuneration (e.g., pitch fee, success-based fees, license payments), and the consequences in the event of entering into or canceling an agreement. The contract should specify which rights of use, editing, or exploitation are granted and whether materials may be used even if no cooperation results. It is also advisable to always define usage rights in writing as specifically as possible (e.g., time-, territory-, and content-based limitations).
What is my burden of proof if there is a dispute over pitch content?
In the event of a legal dispute, the burden of proof generally lies with the applicant, i.e., the person or company asserting claims for unauthorized use of pitch content. It is therefore necessary to prove one’s authorship, the existence of protectable works, as well as the transfer and content of the presentation and any agreements. Dated and archived presentation materials (e.g., sent by registered mail or digitally time-stamped), saved email correspondence, signed NDAs, and, if applicable, witnesses who can attest to the presentation are helpful here. Without corresponding evidence, successful enforcement of claims is often difficult.