Second opinions from Setterwalls’ dispute resolution team

More and more parties involved in disputes or at risk of becoming involved in disputes are requesting an independent review by an external expert, known as a second opinion. A second opinion from Setterwalls’ dispute resolution team is a cost-effective way to maximize the chances of success.

Although second opinions have long been common abroad as a means of obtaining a broader basis for decision-making and thereby improving the chances of success in significant business disputes, this option has only recently become more common in Sweden. Helping existing and new clients with second opinions is now a natural and integral part of Setterwalls’ range of services.

A business-oriented basis for management decisions

A request for a second opinion from Setterwalls does not necessarily mean that the client distrusts their current representative. Instead, the client usually wants to ensure that nothing important has been overlooked or that the case is being handled in the best possible way, as different lawyers approach cases differently. We often provide our second opinion in consultation with the client’s other counsel, but sometimes we work with the client alone, without the other counsel’s knowledge.

When should a second opinion be sought?

Particularly in larger commercial disputes, consideration should be given to seeking a second opinion at one or more points during the process. Particularly critical phases of a dispute include, for example:

When the client is considering initiating legal proceedings (how good are our chances of winning?)
When the client has been sued and is considering various strategies of defence (how great is the risk that we will lose, and should we settle instead of fighting?)
When the client has received a settlement offer or is considering making one (what level is reasonable to settle at?)
When the client has received an unfavourable result at first instance and is considering an appeal (how good are our chances of winning in a higher court?)

What happens next?

In many cases, our review confirms that the current representative is on the right track, which in itself is reassuring. However, we can often suggest minor adjustments that further improve the chances of success. In some cases, we discover more serious shortcomings or suggest a fundamental change in strategy. Especially in disputes involving larger amounts, a second opinion is a cost-effective way to minimise risks, and to date, we have never had a client who was dissatisfied with obtaining a second opinion from Setterwalls.

Improve your chances of success in commercial disputes by obtaining a second opinion from Setterwalls.

Setterwalls’ dispute resolution team is one of the largest in Sweden, and we have extensive and long-standing experience in all forms of dispute resolution. Several of us have backgrounds as judges, and we are regularly engaged as arbitrators. This gives us a unique perspective from which to assess the chances of success for different courses of action.