Comments on: “Scruggs’s deposition is to begin immediately and shall continue until its natural conclusion” http://overlawyered.com/2008/02/scruggs%e2%80%99s-deposition-is-to-begin-immediately-and-shall-continue-until-its-natural-conclusion/?utm_source=rss&utm_medium=rss&utm_campaign=scruggs%25e2%2580%2599s-deposition-is-to-begin-immediately-and-shall-continue-until-its-natural-conclusion Chronicling the high cost of our legal system Sun, 27 May 2012 13:04:59 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Anderson http://overlawyered.com/2008/02/scruggs%e2%80%99s-deposition-is-to-begin-immediately-and-shall-continue-until-its-natural-conclusion/comment-page-1/#comment-10572 Anderson Tue, 05 Feb 2008 10:44:57 +0000 http://overlawyered.com/wpblog/?p=5820#comment-10572 <i>With his client facing two pending criminal prosecutions, what competent lawyer would NOT counsel his client to do so?</i> Scruggs can't plead the Fifth (honestly) just because he's indicted in an unrelated matter. He can plead it ONLY if he has honest reason to believe that his testimony on the matters at issue would incriminate himself. If a conversation Scruggs had with the AG would tend to incriminate Scruggs, then yes, that does indeed reflect badly on the AG. With his client facing two pending criminal prosecutions, what competent lawyer would NOT counsel his client to do so?

Scruggs can’t plead the Fifth (honestly) just because he’s indicted in an unrelated matter.

He can plead it ONLY if he has honest reason to believe that his testimony on the matters at issue would incriminate himself.

If a conversation Scruggs had with the AG would tend to incriminate Scruggs, then yes, that does indeed reflect badly on the AG.

]]> By: somslawyer http://overlawyered.com/2008/02/scruggs%e2%80%99s-deposition-is-to-begin-immediately-and-shall-continue-until-its-natural-conclusion/comment-page-1/#comment-10571 somslawyer Tue, 05 Feb 2008 08:29:54 +0000 http://overlawyered.com/wpblog/?p=5820#comment-10571 "Scruggs will likely plead the Fifth Amendment for his interactions with the attorney general—which does not reflect well on that attorney general." With his client facing two pending criminal prosecutions, what competent lawyer would NOT counsel his client to do so? Under the circumstances, I think Scruggs' refusal to testify will have little impact on Judge Bramlette. “Scruggs will likely plead the Fifth Amendment for his interactions with the attorney general—which does not reflect well on that attorney general.”

With his client facing two pending criminal prosecutions, what competent lawyer would NOT counsel his client to do so? Under the circumstances, I think Scruggs’ refusal to testify will have little impact on Judge Bramlette.

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