
Waiving the Fifth
As an attorney, are there ever circumstances where you may counsel your clients to waive their Fifth Amendment rights? Rocky Dhir talks with experienced trial lawyers Rachael Jones and Jay Ethington to gain a deeper understanding of the Fifth Amendment, particularly as it pertains to client testimony. Drawing from their many years of trial experience in both prosecution and defense, Rachael and Jay explain the intricacies of a person’s right to remain silent—avoiding self-incrimination either in trial, when speaking with law enforcement officers, or in a variety of other scenarios. Their conversation digs deep into the nuances of the Fifth Amendment to help lawyers best serve their clients, educate jurors, and be thoroughly prepared for the rigors of trial. Become a member: State Bar of Texas Join us in Houston on June 11 & 12: 2026 State Bar of Texas Annual Meeting Read the latest edition of the Texas Bar Journal: texasbar.com/tbj













