Reply #156: Let's check. Here's Ms. Toad's ONLY discussion of the 5th: it doesn't mention civil cases.

[Hannah Bell]

"From a legal perspective, there is only one reason to plead the amendment is only available to to avoid self-incrimination in a criminal case (which has been interpreted to mean not only an existing case, but a case which might be brought against you the future.

Relevant portion of the 5th amendment: "No person . . . shall be compelled in any criminal case to be a witness against himself. . ."

You cannot plead the 5th for purposes of "not . . . giv fuel to the opposition lawyer on a fishing expedition," without risking obstruction of justice, contempt of court, or other charges which may be brought against individuals who are legitimately subpoenaed to give testimony, but who refuse to do so. No competent attorney would have advised an individual on their side of the case to plead the 5th amendment, unless their testimony would have been self-incriminating."

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=8207503&mesg_id=8207754



And here's YOUR comment:

87. Really, Ms. Toad. Don't you know that lawyers.com is every bit as authoritative as the law schools we went to? The mere fact that I practice law in the same district as this case hasn't given me any street cred....so I don't know why you think that calmly and patiently explaining the whole purpose of pre-trial discovery is going to be taken as fact.

THE OP'S FAILURE TO UNDERSTAND THE INAPPLICABILITY OF THE 5TH AMENDMENT IN A CIVIL CASE NOTWITHSTANDING, I find her law-school-free legal analysis refreshing."

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=8207503&mesg_id=8214975


I'd say that doesn't admit much back-tracking & smoke-blowing, ms "lawyer".


2. "Thus, citizens of different states enjoy differing levels of civil liberties."

rotfl. right, you're a lawyer for sure. no doubt.