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During trial, one party offers contested proof and the opponent asks the judge to keep it from the factfinder or limit its use. A client forwarded legal advice to a business partner during negotiations. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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The judge should rule by applying the evidentiary standard to the purpose and foundation for the proof: Privilege questions turn on a protected relationship, confidentiality, purpose of the communication, waiver, exceptions, and who may assert or waive the privilege. Import a rule from a nearby issue instead of applying the rule triggered by these facts. Reject the claim or defense solely because the opposing party disputes a required fact. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested.

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