When May the Right Be Invoked? in The Privilege Against Self-Incrimination in Civil Litigation (ABA Section of Antitrust Law, 2001)
This book analyzes the application of the constitutional right against self-incrimination to civil litigation. This topic is of growing importance in an era when parallel civil, criminal, and administrative proceedings are becoming increasingly common and practitioners must necessarily consider all of the implications of a witness' decision to invoke, or not invoke, the right against self-incrimination. These decisions have always been, and remain, important in familiar areas of litigation such as antitrust, RICO, and securities. However, with the continued growth of regulatory structures that allow for civil, criminal, and administrative liability-often for essentially the same conduct-and the proliferation of civil forfeiture proceedings that can precede, accompany, or follow a criminal prosecution, the importance of these decisions continues to increase. Counsel for parties and nonparty witnesses must continually grapple with decisions whether to advise individuals to invoke their right against self-incrimination, and counsel for organizations must understand the implications of those invocations for their clients as well.
American Bar Association
Antitrust and Trade Regulation | Law
Julie Schwartz, When May the Right Be Invoked? in The Privilege Against Self-Incrimination in Civil Litigation (ABA Section of Antitrust Law, 2001),