50% of Americans do not get second opinions for important medical diagnoses.
30% of the time the second opinion causes changes in the diagnosis or treatment.
Do the math.
I don’t know the data on what percentage of in-house lawyers get second opinions about a strategy. But I bet it’s pretty darn small. I have only rarely heard of it being done.
Fresh eyes are often the best eyes. People trying to solve a problem often lock-in on a strategy and play favorites with it. Fresh eyes can provide needed perspective.
Want an example? When a company tries a product liability case, the first of many cases to be addressed, who evaluates the trial? People involved or from the trial firm are not going to cast a critical eye on things if that is the deserved outcome. And why incur the cost? Because it is critical to get better in future cases. Trial performances should be shredded and rebuilt constantly, but they rarely are.
Sad. A real missed opportunity.