Although the history and wording of the fifth amendment privilege suggest that it applies only to criminal proceedings, a person may invoke it in any forum, as in Lefkowitz v. Turley (1973). A reasonable fear of prosecution based on the mere appearance of impropriety justifies invocation of the fifth amendment. A party in a civil suit who is also exposed to criminal prosecution may require greater protection than that provided solely by the privilege against self-incrimination. He should be spared the injustice of having to defend against both a civil and criminal action at the same time and also should not have to disclose prematurely a defense that he will raise in the criminal proceedings. The most effective protection is an order enjoining discovery to protect the litigant's right to a fair criminal trial. Options are limited for an attorney whose adversary invokes the privilege against self-incrimination. At least one State (California), however, allows a civil litigant to seek an immunity order for a witness who has invoked the fifth amendment privilege.