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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. Which answer gives the best resolution?

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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. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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