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ABA book helps lawyers navigate protections against self-incrimination


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ABA book helps lawyers navigate protections against self-incrimination

By John Glynn

CHICAGO, June 5, 2014 — While the U.S. Constitution’s Fifth Amendment provides that "no person shall be compelled in any criminal case to be a witness against himself," its application can be deceptively complex.

The Privilege of Silence: Fifth Amendment Protections against Self-Incrimination, Second Edition” provides lawyers with an outline of the Fifth Amendment privilege against self-incrimination in practice. The book, sponsored by the American Bar Association Criminal Justice Section, serves as a guide to both the civil litigator who may encounter the privilege infrequently, as well as the criminal lawyer who seeks to advance his or her client's interests through the use of the Fifth Amendment.

Written by two experienced civil litigators and white-collar crime defense experts, the book serves as a reference tool of the law of self-incrimination. Steven Salky and Paul Hynes Jr. organized the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

Salky is a partner at Zuckerman Spaeder LLP, where he represents individuals in a wide variety of white-collar criminal cases, regulatory investigations and civil litigation. He has extensive experience representing executives of public companies in parallel grand jury and civil litigation as well as congressional proceedings.  

Hynes is a senior associate at Zuckerman Spaeder LLP, where he focuses on civil and criminal tax litigation with experience in a wide variety of other practice areas, including complex civil litigation, white-collar criminal defense matters and congressional investigations.

Title:                “The Privilege of Silence: Fifth Amendment Protections against Self-Incrimination, Second Edition”
Publisher:        ABA Publishing
Pages:             343
Product Code: 5090149
ISBN:               978-1-62722-577-9
Size:                6x9
Price:               $119.95
Orders:            Order the book at or call 800-285-2221

What others are saying about the book:

“Steve Salky and Paul Hynes’s ‘The Privilege of Silence’ is an exceptional compilation and incisive analysis of the complex, inconsistent body of case law that has developed around the Fifth Amendment. Their book is an indispensable tool for all criminal defense practitioners.” Henry W. Asbill, partner at Jones Day and former director of the National Association of Criminal Defense Lawyers and former president of the American Board of Criminal Lawyers

 “An extremely thoughtful exploration of the Fifth Amendment privilege against self-incrimination and a must-read for criminal defense lawyers. For anyone seeking to understand one of our foundational constitutional principles, Salky and Hynes have developed an essential resource.” Lanny A. Breuer, partner and vice chairman at Covington & Burling LLP and former assistant attorney general of the U.S. Department of Justice’s Criminal Division

 “‘The Privilege of Silence’ is both an invaluable reference book and a readable survey of the law of self-incrimination. It’s the first place I’ll turn when issues in this area arise in my practice.” Arthur B. Spitzer, legal director of the American Civil Liberties Union of the Nation’s Capital

“‘The Privilege of Silence’ is an essential resource for practicing attorneys, law professors, law students, and anyone interested in learning about the Fifth Amendment. Accessible and well written, this book provides the latest cases and an excellent explanation of every aspect of this complicated area of the law.” Angela J. Davis, professor at American University Washington College of Law

Editor’s note: Interviews with the editors or review copies are available by sending an email to Amanda Wilander at If you publish a review of this book, please send tear sheets or a copy for our files to Laura Vecchia, American Bar Association, Book Publishing, 321 N. Clark St., Chicago, IL 60654.

With nearly 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at and on Twitter @ABANews.

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