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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. What is the strongest reason for the likely result?

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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. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. 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.

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