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Source Hawaii Legal Ethics Exam Official Sources 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. A party invokes an equitable or discretionary remedy after contributing to the problem. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Advertising and Solicitation and apply it to the operative facts. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. 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.

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