I can't comment on the US, but as a legal professional in the UK, this isn't my experience at all. The vast majority of cases aren't novel - they're issues that

I can't comment on the US, but as a legal professional in the UK, this isn't my experience at all. The vast majority of cases aren't novel - they're issues that have come before the courts many times before. Everyone knows what they're doing and which precedents are the important ones and lawyers who try to deviate from the well known and accepted position will most likely lose their case. Every now and then, something interesting and unique comes before the courts and then you might see a bigger variety of arguments as each side tries to control the narrative. The court will decide the outcome and, if it's a sufficiently high level court, that decision becomes the new precedent and you don't need to refer to the earlier ones again because the issue is no longer novel.