The Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination, 2nd Edition

Zuckerman Spaeder LLP partner Steven Salky is the author of a book published by the American Bar Association (ABA), The Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination first published in 2009. Associate Paul B. Hynes, Jr. co-authored the second edition, which was released in 2014.

“Throughout my years of practice, I’ve seen that even many litigators are unfamiliar with the nuances of the Fifth Amendment,” said Mr. Salky, “Some works on criminal procedure and evidentiary privileges contain chapters on the Fifth Amendment, but there are few comprehensive resources. My goal with this book was to provide a comprehensive analysis of the subject in a way that would be helpful to practicing attorneys.”

This book explains the Fifth Amendment privilege against self-incrimination in practice, providing a practical guide for both the civil litigator who may encounter it infrequently, as well as the criminal lawyer who seeks to advance his or her client’s interests through the creative use of the Fifth Amendment. The Privilege of Silence organizes the case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

Mr. Salky has represented individuals in white collar criminal cases, regulatory agency investigations and civil litigation for nearly 25 years. He has extensive experience representing executives of public companies in securities fraud investigations and parallel civil litigations. In his practice, Mr. Salky regularly faces Fifth Amendment issues and he is a frequent lecturer on matters such as waiver of the Fifth Amendment and immunity. In 2006, he was recognized as “Top Washington Lawyer” for corporate litigation by the Washington Business Journal. He has also been recognized in Chambers USA, The Best Lawyers in America, Benchmark Litigation, and other legal industry publications.

Mr. Hynes focuses his practice on civil and criminal tax litigation but also has experience working on complex civil litigation, white collar criminal defense matters, and legal ethics matters. His experience with the Fifth Amendment includes representing a senior government official who invoked the privilege before a congressional committee.

The Privilege of Silence, 2nd Edition is available for purchase online at www.abanet.org.

Download the Table of Contents and Introduction