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Source Conflicts of Interest 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. One argument was preserved, while another was raised only later. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Reject the claim or defense solely because the opposing party disputes a required fact. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Conflicts of Interest and apply it to the operative facts. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument.

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