Great issue for an article. It seems that since the principles of the 5th are rooted in the Constitution, the policy considerations should prevent an adverse inference in civil cases because otherwise there would be a chilling affect on a person exercising their 5th amendment right in criminal investigations. Granted, in civil cases we are just fighting over money and not life and liberty. Just my .02 cents. Look forward to input from other posters.
This is a fine topic, but you have evaded giving us the basic facts. Creative attorneys can, of course, argue either way. Do some more research until you find the right argument you want to make, or it comes to you in the middle of the night.
R. Jason de Groot, Esq.,
I am not sure that this post fits within the rule of the forum. I also doubt that you could obtain any valuable insight due to a lack of facts relevant to the actual case about which you are concerned. The post seems more appropriate for a philosophical discussion on an attorney chat line for TN licensed attorneys
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Well you have the answer in your question. In a civil case a negative inference may be drawn by the trier of fact (judge or jury) by a party's assertion of 5th amendment protection / privilege only when independent corroborative evidence is present.