“I think it was his deposition, really,” a juror told ABC’s “Good Morning America” about what convinced him to vote “guilty” in the sexual assault trial of Bill Cosby, referencing admissions Cosby made under oath in a civil deposition 13 years prior to his criminal trial. For lawyers handling civil matters for clients who are also potentially exposed to criminal prosecution, this juror’s comment highlights an frequent source of anxiety—what is seemingly advisable in civil litigation may have troublesome implications in a criminal proceeding.

Recognizing and planning for the possibility that a civil matter might morph into a criminal one is a critical aspect of rendering sound legal advice. The following considerations are important to developing and implementing a strategy to help protect your client’s rights (and liberty!) while working towards the resolution of civil matters.