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

16 Dec , 2022

To register for the upcoming live webinar, please Click Here

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?

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Order in the Court: ...

Lawyers have a duty to be zealous advocates for their clients. But when it comes to standing up to j...

Ethical Issues for E...

This program will cover some of the common challenges employment attorneys address in three contexts...

Ethical Consideratio...

Investigations by lawyers are an essential element of most litigation matters. Lawyers investigate t...

Cannabis Basics and ...

This course gives attorneys a basic understanding of the cannabis market. We will review the basic p...

Off the Clock: Profe...

Most legal ethics programs focus on how applicable rules, laws, and related opinions govern a lawyer...

Front Loading the Li...

Today cases are won or lost in the pretrial process. In their book, Pretrial Advocacy (National Inst...

Death and Incapacity...

This MCLE will provide attorneys and legal professionals with information and practical tips on hand...

Wellness Law 101...

Federal laws such as the Affordable Care Act, Health Information Portability and Accountability Act,...

Updating Reps, Warra...

In this program, participants will learn real-world techniques for drafting and negotiating better r...

2022 in Review – L...

2022, another important year for § 1983 practitioners. This program will keep you current. Supr...