If the privilege is available, advantages of asserting the privilege include that the client may be prevented from making statements in a
civil proceeding that could be used against him or her in
future criminal or
civil proceedings or private
civil litigation.82 In addition, testifying in a
civil or criminal proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same proceeding and any
future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in
civil or administrative
proceedings from an individual's assertion of Fifth Amendment rights in a prior
civil or administrative proceeding.84 Moreover, an individual's assertion of the privilege in a
civil proceeding could factor into law enforcement's charging decisions.