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During a private meeting, a partner says, "We overbilled the client by 40 hours," and the managing partner replies, "Keep that out of the invoice memo." In the client's later suit, the client offers both remarks against the firm. What is the best hearsay analysis?

The statement is admissible only if the partner is unavailable.
The accusation is inadmissible because adoption requires a notarized agreement.
Adoption can occur only through silence, not words.
The managing partner's reply may show adoption of the accusation, depending on the circumstances.