I believe this is an instance where we have bad law to blame, not just these two attorneys and what I see to be their protection of their careers. I believe, because of this one instance, that we need to rewrite the code of ethics for every state so that this is another exception to the code of ethics regarding attorney/client privileges. There are already exceptions to this privilege, which privilege is often used interchangeably with the rule of confidentiality, found in Rule 1.6 of Chapter 13: Rules of Professional Conduct, under the Utah Judicial Council Rules of Judicial Administration, found on www.utahbar.org at least in the state of Utah.
The text reads as follows:
"Rule 1.6. Confidentiality of Information.
"A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
-To prevent an innocent person from being wrongfully accused, tried, convicted, or punished by law, by incarceration or any other criminal or civil punishment, including fine, for a crime or civil infraction he/she did not commit."
This or something to this effect should be included, in the very least, as an exception to the rules governing attorney/client privilege, also known as the Rules of Confidentiality between attorneys and clients. And not only should it be included as an exception, but I believe it should be a lawful requirement for attorneys to disclose such otherwise confidential information in such an incident of the innocent being wrongfully convicted and punished.