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Source Confidentiality Complete Hawaii Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Hawaii Legal Ethics Exam

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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Import a rule from a nearby issue instead of applying the rule triggered by these facts. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Confidentiality 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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