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Expert Analysis

The Legal Professions' Curious Under-Use Of 2nd Opinions

Law360, New York ( October 28, 2014, 2:59 PM EDT) -- One fact of litigation life has become more apparent to me over the 30 years I have been a "decider": at least for cases that can survive disposition by early motion, fate is fragile. Outcomes are extremely difficult to predict. Sophisticated studies have shown that lawyers have considerable difficulty developing truly objective assessments of the cases on which they work and that litigators are especially vulnerable to an over-confidence bias. And asking one of your partners or associates for a candid assessment of your case can come perilously close to asking for a candid assessment of yourself....

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