Celesq® Programs

Is the Invocation of Privilege Against Self Incrimination Always in the Client’s Best Interest?

Program Number
Program Date

Should the collective Equity Rule exist any longer when the effect is to prevent the corporation and other artificial entities from asserting the privilege for the contents of its subpoenaed records on the ground that the privilege may not be applied on the theory that production will not incriminate the person producing the records personally? See Braswell v. United States, 487, U.S. 99, 102 (1988); In re Grand Jury 959 F.2d at 1163. Is it fair and just that there be no refuge for corporate records or those of an artificial entity? 

The government is able to secure the testimony of an otherwise recalcitrant person pursuant to 18 USC 6001-6005, but there is no comparable mechanism for the defendant to secure the testimony of a witness who has information, but refuses to furnish it to the defense. Is this fair and just?

Available in States

  • California
  • Colorado
  • Florida
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Criminal Law & Procedure
  • Criminal Practice & Procedure
  • Federal Courts
  • Florida Eligible
  • Law Practice Management
  • Legal Management
  • Litigation & Litigation Skills
  • Litigation and Appeals
  • Regulatory and Administrative Law
  • Trial Skills