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A Client's Sophistication Matters, Particularly When the Recovery of Attorneys' Fees Are at Stake

Contracts ranging from simple residential leases to multimillion dollar purchase agreements routinely contain fee-shifting provisions. A standard provision provides that, in the event of a dispute relating to the contract, the non-prevailing party must reimburse the prevailing party for all attorneys’ fees expended. This concept makes perfect sense. Legal expenses were only incurred because the…

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