I concur with the lead opinion’s conclusion that disqualification of Attorney Smaltz’s law firm is unwarranted in this case. However, I dissent from the conclusion that Smaltz personally must be disqualified. In my view, no disqualification is warranted in the unusual circumstances of this case. The lead opinion concludes that Smaltz should be punished, and his clients, Thrifty and Golden West, lose the value of his services because of a single conversation with Carol G. Wynn. In the underlying litigation, as the majority notes, “[Mills] is attempting to disavow and condemn actions Wynn took as its president.” (Majority opn., ante, p. 127.)
*139Earlier in its opinion the majority states, “Mills virtually conceded its interests might be adverse to Wynn in the litigation, but nonetheless asserted its counsel represented Wynn at least in the limited capacity of protecting the corporation from Wynn divulging any adverse information.” (Majority opn., ante, p. 125.) Apparently the majority suggests that Mills’ counsel “represents” Wynn in that if Wynn chooses to divulge “adverse information” the counsel representing him should apply for a gag order from the trial court. Nothing in this record establishes that Wynn ever divulged any privileged information to Smaltz and the majority does not suggest any basis for concluding Mills has a right to keep any nonprivileged information known to Wynn from Thrifty and Golden West.
On this record, we must conclude that Wynn, an attorney and active member of the bar, is free to communicate with Smaltz or anyone else concerning the litigation. Mills certainly has no right to preclude him from divulging adverse information.
While I certainly agree that disqualification is frequently the appropriate remedy when an attorney discusses a pending matter with the opposing client, each case must examined on its merits. Smaltz learned no privileged information and his conduct in conversing with Wynn, who is not a party, does not even approach the conduct condemned in Chronometrics, Inc. v. Sysgen, Inc. (1980) 110 Cal.App.3d 597 [168 Cal.Rptr. 196]. In Chronometrics the offending attorney repeatedly contacted an opposing party and also involved others in his efforts to maintain the contacts and keep them secret from opposing counsel. Smaltz, on the other hand, had one conversation with Wynn and apparently learned nothing not otherwise discoverable. There also is some doubt, as the majority concedes, that Smaltz even knew Wynn was a director at the initiation of the conversation. This limited contact does not support disqualification.
I would reverse the lower court’s order in its entirety and permit Smaltz and his law firm to continue their representation of Thrifty and Golden West.