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New- Guide to Internal Investigations



Title: ABA Book Publishing
CRIMINAL JUSTICE
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NEW Warning the Witness

A Guide to Internal Investigations and the Attorney-Client Privilege

 Warning the Witness: A Guide to Internal Investigations and the Attorney-Client Privilege

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  By Gary H. Collins and David Z. Seide

This guidebook covers the practical issues of attorney-client privilege in internal investigations. Any attorney who conducts an interview in an internal investigation faces a unique set of challenges, not least of which is the tension between representation of the corporate client and fair treatment of the corporate constituent. This book addresses some of the more complex questions associated with the attorney-client privilege:

  • What best practices should corporate counsel follow when interacting with corporate employees while conducting internal investigations on behalf of the corporate entity?
  • What advice or warnings -- commonly referred to as Upjohn warnings, or corporate Miranda warnings -- should corporate counsel provide to corporate officers, employees, shareholders, directors and trustees?
  • Furthermore, how should counsel give those warnings?

The book offers a Recommended Best Practices section that contains sample witness warnings; guidelines for corporate counsel who seeks to interview a constituent; supplemental oral warnings; and a list of topical issues and questions likely to arise in an internal investigation.

Product Details: 5090127 Regular Price: $59.95
CJ Section Member Price: $49.95
©June 2010 6 x 9 - Paperback
130 pages

The Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination
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The Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination

By Steven M. Salky

The United States Constitution provides that "no person shall be compelled in any criminal case to be a witness against himself." While this portion of the Fifth Amendment contains only fifteen words, its application can be deceptively complex. Using the Fifth Amendment right against self-incrimination is dependent on the factual setting in which the privilege is asserted, with the values served often balanced against the competing interests at stake.

This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a 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 use of the Fifth Amendment. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in criminal proceedings.

Product Details: 5090120
Regular Price: $110.95
CJ Section Member Price: $89.95
©2007
6 x 9 - Paperback
200 pages, Paper

 
 
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