Solin

Solin v. O' Melveny & Myers, LLP.

Good Law
107 Cal. Rptr. 2d 456·2001 Cal. App. LEXIS 388·2001 Daily Journal DAR 5189·89 Cal. App. 4th 451·2001 Cal. Daily Op. Serv. 4245
Court of Appeal of CaliforniaMay 24, 2001B140076California6,145 words

Opinion

Opinion

Armstrong, J.

Plaintiff Daniel R. Solin, an attorney, retained O’Melveny & Myers, LLP (O’Melveny) to obtain advice regarding Solin’s representation of Edith Reich and Brigitte R. Jossem (together referred to as the Clients). In that regard, Solin disclosed certain privileged and confidential information of the Clients (the Secrets), which implicated them in criminal activities.

Solin sued O’Melveny for professional malpractice, alleging that O’Melveny failed to advise him of pertinent legal authority regarding one of the matters on which he retained the law firm. The Clients intervened, seeking dismissal of the suit to avoid the disclosure of the Secrets. The trial court determined that O’Melveny could not effectively defend the action without disclosing the confidences of the Clients, and dismissed the lawsuit. We affirm the judgment of dismissal.

Facts

In 1993, Solin entered into a five-year agreement to act as outside counsel to the Clients, who were conducting business activities through a corporate entity, International Development and Trade Service, Inc. (IDTS).

Approximately six years earlier, in 1987, Mrs. Reich had been convicted in federal court in New York of a wire…

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