In Solin v. O'Melveny & Myers (2001) 89 Cal.App.4th 451, an attorney (Solin) retained a law firm (O'Melveny) to obtain advice regarding Solin's representation of his clients. (Id. at p. 453.) In seeking this advice, Solin revealed confidential information to O'Melveny that implicated his clients in criminal activities. Solin later sued O'Melveny for professional malpractice. (Ibid.) The clients intervened in the action and sought dismissal of Solin's lawsuit in order to prevent disclosure of the confidential information. (Id. at p. 454.) The trial court dismissed the action, and the Court of Appeal affirmed. (Ibid.) In describing the basis for the trial court's dismissal, the Court of Appeal stated that O'Melveny intended to offer in evidence handwritten notes (the Notes) drafted by one of its lawyers (Cohen) during his initial meeting with Solin, at which Solin disclosed the confidential information. (Solin, supra, 89 Cal.App.4th at p. 461 "the factual underpinnings of Solin's claim and O'Melveny's defense, including the latter's intention to examine witnesses concerning all of the matters discussed in the Solin/O'Melveny consultation and to introduce the Notes into evidence to corroborate Cohen's testimony, had been revealed at the time that the trial court ruled on the Clients' motion to dismiss".) The Solin court further noted that the confidential information was critical to O'Melveny's defense: "There can be no doubt that what Solin told O'Melveny in order to obtain legal advice which Solin now claims was faulty is relevant evidence. Thus, the equitable tool that Solin proposes is to preclude O'Melveny's introduction of relevant evidence. Limiting this evidence would give a distorted view of the Solin/O'Melveny consultation, and would keep from the jury the facts that Solin determined that O'Melveny needed to know in order to render a legal opinion, and the facts on which O'Melveny based its legal advice, and would deprive O'Melveny of its right to cross-examine its accuser on the 'critical issue' of Solin's credibility. Clearly, O'Melveny would be prejudiced by the presentation to the factfinder of a limited and distorted view of the facts underlying this lawsuit." (Id. at p. 463.) Acknowledging that the confidential information was critical to O'Melveny's defense, the Solin court noted that the trial court would nevertheless have been required to exclude the evidence because the evidence was subject to the attorney-client privilege between Solin and the clients. (Solin, supra, 89 Cal.App.4th at p. 463.) The Solin court observed that this would allow Solin to "benefit from the exclusion of evidence that could bolster O'Melveny's defense and its credibility," thus allowing Solin to receive an "unfair advantage in his lawsuit against O'Melveny." (Ibid.) The Solin court reasoned: "It strikes us as fundamentally unfair for a client to sue a law firm for the advice obtained and then to seek to forbid the attorney who gave that advice from reciting verbatim, as nearly as memory permits, the words spoken by his accuser during the consultation. Simple notions of due process counsel against such a procedure. Evidence Code section 958 codifies this sentiment. It provides: 'There is no privilege under this article as to a communication relevant to an issue of breach, by the lawyer or by the client, of a duty arising out of the lawyer-client relationship.' This is so because 'it would be unjust to permit a client ... to accuse his attorney of a breach of duty and to invoke the privilege to prevent the attorney from bringing forth evidence in defense of the charge ... .' Here, of course, Solin maintains that he is not invoking his attorney-client privilege vis--vis O'Melveny. However, the fact that the Clients' Secrets must be protected from disclosure would yield precisely the same result: Solin would be permitted to sue his lawyers for malpractice, yet gag O'Melveny in defending the charge by preventing full disclosure of all matters counseled upon." (Id. at pp. 463-464.) The Solin court also rejected the plaintiff's suggestions that various measures, such as limitations on discovery or the use of protective orders or in camera procedures, could ameliorate the due process problems that O'Melveny faced in defending against the action. (Solin, supra, 89 Cal.App.4th at pp. 464-466.) The court reasoned, "It is only by disclosing exactly what Solin communicated to Cohen as the concerns prompting his retention of O'Melveny that Cohen can cogently explain the reasons that he gave the advice that he did." (Id. at p. 466.) Accordingly, the Solin court held, "Because this lawsuit 'is incapable of complete resolution without breaching the attorney-client privilege, the suit may not proceed.'" (Id. at p. 467)