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Alton Logan

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Unit 3 Assignment, Alton Logan Case

Kaplan University

Alton Logan Case

The case of Alton Logan, is one of an innocent man of whom was charged, as well as sentenced for the murder of a security guard in which he did not commit. The true murderer, Andrew Wilson, had also committed two other murders of whom were police officers. Attorneys Dale Coventry and Jamie Kunz were the attorneys for Andrew Wilson, they knew that Mr. Wilson was guilty of the murders, however, under their duty of confidentiality they were unable to break the silence and speak up for 26 long years. There was an affidavit written by the attorneys, to hold onto just in case if anytime down the line there was an opportunity to speak up, they would be able to do so.
According to Rule 1.6: Confidentiality of Information
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b) or required by paragraph (c). (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent the client from committing a crime in circumstances other than those specified in paragraph (c); (2) to prevent the client from committing fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services; (3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services; (4) to secure legal advice about the lawyer’s compliance with these Rules; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client; or (6) to comply with other law or a court order. (c) A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. (d) Information received by a lawyer participating in a meeting or proceeding with a trained intervener or panel of trained interveners of an approved lawyers’ assistance program, or in an intermediary program approved by a circuit court in which nondisciplinary complaints against judges or lawyers can be referred, shall be considered information relating to the representation of a client for purposes of these Rules.

Based upon this rule, these attorneys’ were unable to speak up, part (a) states that a lawyer shall not reveal information regarding a client unless the client gives permission/consent. The attorneys’ did have Mr. Wilson’s consent to talk, only if he died. Unfortunately, for Mr. Logan it caused half of his life to be spent incarcerated for a crime he did not commit. Both the attorneys’ for Mr. Wilson knew he was guilty and decided to have an affidavit written up in case if anything were to come up later in life which was notarized and saved until Mr. Wilson’s passing.
I feel that the attorney client privilege protected Mr. Wilson from being convicted, whilst damaging Mr. Logan’s entire life as well as his family. Had the attorneys been asked to testify in court against Mr. Wilson it would have gone against the attorney/client confidentiality agreement. Although, I personally feel it immoral to let another person of whom is innocent take the blame, it is within the ethical code of these attorneys; as well as all attorneys alike.
In the event that Mr. Logan had been sentenced to death instead of life in prison I feel that part (c) may have been implied as defense. My reason being is that Mr. Wilson was found guilty of the two police officers deaths, so that’s two murders he had already committed. The security guard makes his third murder, although acquitted, he did verbally confess to his attorneys’ that he had in fact committed the crime. Part (c) states that a lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonable believes necessary to prevent reasonably certain death or substantial bodily harm.
Since Mr. Wilson had been responsible for three murders, my question is why wouldn’t either of the attorneys’ feel it necessary to prevent reasonable certain death of another person? I may be interpreting this rule incorrectly as I am new to studying law and this is only my second law related class. With that said, maybe it would not have changed the fate of Mr. Logan due to the attorney client privilege, and it possible could’ve caused damage to either attorneys’ career or ability to practice law.

References: http://www.cbsnews.com/news/26-year-secret-kept-innocent-man-in-prison/ http://www.iardc.org/2010%20Rule%201.6.htm…...

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