Alton Logan doesn't understand why two lawyers with proof he didn't commit murder were legally prevented from helping him. They had their reasons: To save Logan, they would have had to break the cardinal rule of attorney-client privilege to reveal their own client had committed the crime. But Logan had 26 years in prison to try to understand why he was convicted for a crime he didn't commit....
Lawyers Jamie Kunz and Dale Coventry were public defenders when their client, Andrew Wilson, admitted to them he had shot-gunned a security guard to death in a 1982 robbery. When a tip led to Logan's arrest and he went to trial for the crime, the two lawyers were in a bind. They wanted to help Logan but legally couldn't....
The lawyers did get permission from Wilson, to reveal upon his death his confession to the murder Logan was convicted for. Wilson died late last year and Coventry and Kunz came forward. Next Monday, a judge will hear evidence in a motion to grant Logan a new trial.
This is Volokh's initial defense of Kunz and Coventry's failure to prevent the injustice to Logan:
[M]y understanding is that there is indeed no exception from attorney-client confidentiality in such cases. (If a client tells you that he intends to commit a crime in the future, you may be able to turn him in, but not when he admits that he has committed a crime in the past.)
Why should lawyer-client confidentiality trump justice? One line of thought (suggested by various commenters at Volokh) is that a breach of lawyer-client confidentiality might deter some clients from seeking legal counsel. Well, yes, it might deter guilty clients from seeking legal counsel. But how often is a guilty client candid about his guilt, anyway? Lawyers often defend guilty clients who haven't been candid about their guilt. Suspecting that a client is guilty and knowing that he is guilty are two different things. A lawyer who doesn't know that his client is guilty is probably better prepared, psychologically, to defend the client.
26-Yr. Secret Kept Man In Jail The Tale of the Defense Lawyer Who Knows an Innocent Person Is In ... He Deserves A Break Today, Take 2: 60 Minutes Piece on Alton Logan ...
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