While assembling your document production or preparing your testimony, you will also need to work with your defense counsel to assert all relevant constitutional protections and to preserve your attorney-client privilege. The Fifth Amendment’s protection against self-incrimination allows individuals to refuse to answer any questions for which their answers would “tend” to be self-incriminating; and, when responding to a subpoena duces tecum, individuals can refuse to produce documents if the “act of production” itself would be self-incriminating.