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Client receives a privileged legal memo from Lawyer about regulatory risk. Client forwards the memo to a potential lender during financing negotiations and writes, "This should make you comfortable funding the deal." The lender is not assisting Lawyer in giving legal advice and has no shared legal defense agreement with Client.
What is the most likely privilege consequence?

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The privilege is waived only if the third party later testifies. The privilege is waived because the client disclosed the legal advice to an unnecessary third party outside the attorney-client relationship. The privilege remains intact because the recipient promised not to tell anyone. The privilege remains intact because legal advice can be shared with anyone once it is received.

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