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Source Competence and Diligence Complete Nevada Bar Exam Topic Index List 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. The decision maker must choose between a categorical shortcut and a fact-sensitive standard. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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

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