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Source Communications with Others Wisconsin Bar Exam Topic Index Matched to this deck.

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The parties dispute the legal effect of a contested transaction. A lawyer learned confidential information from one client and then considered a related representation adverse to that client. Another actor changed position after relying on the relevant statement, document, or official action. The parties disagree about the legal effect of those facts. Which analysis is most consistent with these facts?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Communications with Others and apply it to the operative facts. Import a rule from a nearby issue instead of applying the rule triggered by these facts. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Reject the claim or defense solely because the opposing party disputes a required fact.

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