Can an attorney be held in contempt of court for advising a client to assert his privilege against self-incrimination?

California, United States of America


The following excerpt is from McComb v. Superior Court, 137 Cal.Rptr. 233, 68 Cal.App.3d 89 (Cal. App. 1977):

4 Although an attorney may not be held in contempt of court for advising his client, in good faith, to assert his privilege against self-incrimination (Maness v. Meyers (1975) 419 U.S. 449, 95 S.Ct. 584, 594--595, 42 L.Ed.2d 574), the client risks contempt if the attorney's advice proves to be wrong.

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