What happens if you take the Fifth in a civil case?

Re:What happens if you take the Fifth in a civil case? by pascalmemories on Sunday August 30, 2015 @10:03AM (#10143314)

If there is other evidence to meet balance of probabilities, it's irrelevant whether you say something or not. Saying something is more likely to cause you trouble and open up avenues to hang you out to dry.

Of course, were that to be the case, any sensible lawyer would tell you to make a settlement pre-trial. That way the 5th is never an issue, nor is any testimony which would otherwise go on official record and be searchable for all time.

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Re:What happens if you take the Fifth in a civil case? by adebtlawyer on Sunday August 30, 2015 @05:20PM (#10144517)

Your statement "other evidence to meet balance of probabilities" is concise but so abstract it's useless. Like most legal questions, there is no abstract way to reason about this. The answer is always "it depends on the context."

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