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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 facts support the doctrine in part, but a timing problem may limit the requested remedy. The parties disagree about the legal effect of those facts. What is the strongest reason for the likely result?

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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 Fees and apply it to the operative facts. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements.

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