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Parties entering into transactions often provide for indemnification rights in their agreements. There was no provision for fee shifting elsewhere in the agreement, whereas in some previous decisions the court had denied recovery of attorney fees unde indemnification clause if the contract elsewhere included a prevailing-party clause. [Extracted from the article]

As an attorney that regularly handles legal malpractice cases, I frequently recite the standard elements of a professional negligence claim: duty, breach, causation and damages. Attorneys must recognize that when a client provides instructions intended to benefit a third party, the attorney may owe a duty of care to those intended beneficiaries of the attorney's services. [Extracted from the article]