Alton Logan was convicted of a murder of a security guard at a McDonald’s restaurant in 1982 and was sentenced to life in prison, scarcely avoiding the death penalty. He served 26 years in prison in the state of Illinois for murder until his release in April 2008, based on new evidence proclaiming his innocence. Logan’s release was sparked by an affidavit brought forth by two Illinois attorneys Dale Coventry and Jamie Kunz, revealing a confession by their client, a man named Andrew Wilson who admitted to his attorneys that he committed the murder of the McDonald’s security guard alone (“Illinois Man Released”, 2008). Wilson made his confession admitting his guilt before Logan was sentenced to life in prison. The two attorneys who represented…show more content… All communications between Wilson and his attorneys for the purpose of obtaining legal advice is protected by the attorney-client privilege and although confidential, it is different from the duty of confidentiality. The attorney-client privilege applies only when Wilson’s attorneys are questioned under oath. Under any circumstances that the attorneys are questioned during their representation of Wilson, they must invoke the privilege by stating “I refuse to answer because that is confidential information covered by the attorney-client privilege (Goldman T. F., 2010).” Illinois Rule 1.6 specifically bars the attorneys from disclosing information concerning the representation of Wilson, with limited, specific exceptions. These exceptions include client’s informed consent, preventing death, harm, crime, or fraud, and to establish defense on behalf of the attorneys from malpractice suits. Illinois Rule 1.18 and 1.9 highlights the duties of attorneys to prospective clients and former clients. Even when an attorney-client relationship has not commenced, the lawyer is responsible for withholding information learned from a prospective client as long as it is permitted by Rule 1.9 with respect to a former client. Rule 1.9 bars attorneys from representing…show more content… The attorneys also could have used an exception to Rule 1.6 to prevent death if Logan’s sentencing resulted in the death penalty. During an interview by CBS News, Coventry stated that they were in court on the day of Logan’s sentencing and he thought that somehow they could stop at least the execution (Coventry, 2008). The exceptions to Rule 1.6 include but not limited to preventing death, harm or fraud. Logan was sentenced to life in prison instead of the death penalty. Life in prison and death penalty may seem like it’s the same thing but legally they are not. A life sentence is specified as spending the remainder of a criminal’s natural life behind bars or in prison while death penalty is to execute or put to death of a criminal (Cheatwood, D., 1996). If Wilson’s attorneys were to violate the attorney-client privilege and the Rules of Professional Conduct, they will be subject to disciplinary action under Rule
