You rejected the agency. So why are you using their ideas?

By Abraham Christopher, Regional Head of Client Success

Pitching is a strange part of agency life.

To win the work, you need to show a prospective client how you think. That can mean strategy, creative ideas and sometimes a surprisingly detailed picture of what you would actually do if you won the account.

But what happens when you don't win—and something remarkably similar turns up a few months later?

According to PRCA APAC's Pitch Forward 2026 report, 77% of agencies surveyed have experienced a client using an idea from their pitch without awarding them the contract. 

We've encountered versions of this ourselves. There have been pitches where we didn't win the business, only to see a campaign or communications approach emerge later that looked very familiar.

The problem is that proving where an idea came from isn't always straightforward.

Agencies can arrive at similar ideas independently. Clients have internal teams. Several agencies may be responding to the same brief. Something that feels unmistakably yours may be difficult to establish as truly one of a kind.

And once that thinking has been used, legal action isn't always a realistic remedy. We need clearer expectations before the work changes hands.

An agency shouldn't have to give away the work to prove it deserves the account.

Stop asking for the comms plan before hiring the agency

Show too little in a pitch, and a client can't properly evaluate how you think. Show too much, and you may effectively hand over a strategy or campaign that can be executed without you.

A hypothetical or mock brief can work well because it lets an agency demonstrate its process: how it researches a problem, develops a strategy and approaches creative execution. It gives us room to show the full extent of our capabilities without handing over a ready-made solution to the client's actual business challenge. Teams often have fun with it, too: a fresh problem can give them space to experiment and push their thinking.

It becomes more difficult when the brief effectively asks for a ready-to-use 12-month communications plan.

Then agencies face a choice: hold something back and risk losing to a competitor that went further, or give the pitch everything and accept the risk that some of that thinking could be used without them.

That shouldn't be the industry standard.

Hire for what the team can do, not the biggest pile of free ideas

A fully formed campaign isn't the only way to tell whether an agency can do the job.

Case studies show how an agency has solved real problems before. The work doesn't have to be identical to your brief to be relevant. Look at how the team has tackled similar challenges, adapted to unfamiliar sectors and turned strategy into execution. Those skills can carry over to your business, too. The pitch process itself can reveal how the team thinks, challenges assumptions and works with the client.

The PRCA research also points to factors such as relevant industry expertise, creative capabilities, track record, reputation and cultural fit when clients choose an agency. 

A pitch should demonstrate the quality of an agency's thinking without requiring it to complete months of strategic and creative work before it has been hired.

Put the brief and budget on the line first

A clear brief and an upfront budget should be the starting point of any pitch. Agencies need to know what problem they're solving and what resources are available before they can recommend a credible approach.

That also means aligning the stakeholders making the decision and giving agencies enough time to understand the problem, ask questions and develop a considered response.

The shortlist should also be realistic.

Inviting a huge pool of agencies creates a lot of speculative work for a very small chance of success. A shortlist of around three to five gives the client enough choice while giving agencies a stronger reason to invest properly in the process.

And that investment can be substantial. Pitching requires senior attention, strategy, research, creative development and often design or production resources—all while those same people are delivering work for existing clients.

A pitch might be free to enter. It isn't free to produce.

PRCA's report proposes a voluntary code covering budget transparency, timelines, communication and intellectual property protection. Those expectations belong at the start of the process, including clarity on how pitch materials may be used. They won't resolve every dispute, but they can help prevent disagreements before anyone enters the pitch room.

If you want work you can use, pay for its development

Not every pitch needs a fee.

But if a client is asking agencies to produce detailed mock-ups, developed campaign concepts or work that could realistically be executed, I think there is a case for a pitch fee.

We've experienced this ourselves. Some brands have paid us to develop mock-ups as part of a pitch because they recognised the work required to properly evaluate execution.

The fee and any usage rights should be agreed upfront. Payment acknowledges the value of the work; it shouldn't leave either side guessing about who can use it.

It also encourages clients to be deliberate about what they need to assess—and whether they're asking agencies to demonstrate their capabilities or start delivering the account.

After all, a pitch is usually the beginning of an agency-client relationship.

It should test whether the two sides can do good work together—not how much unpaid work an agency is willing to hand over to win it.

‍