Lawyers and Naked Women & Understanding Your Miranda Rights
Lawyers and Naked Women
A couple of months ago, I was invited to speak at the Arizona State Bar for a of continuing education event. This most respected speaking engagement was the result of a referral from Chip Lambert of Network2networth.com - a profound speaker and business man with a surly sarcastic edge that qualifies him to be a friend as well as a colleague.
A few weeks before the actual event, our hosts from the State Bar graciously invited the speakers to a private luncheon at the Biltmore Embassy Suites. For this special occasion, I pulled out my best conservative navy suit, wore understated jewelry and wiggled into my trusty Spanx to smooth my middle and lift my ass, in order to feel the utmost professional for a couple of hours of socializing with those who interpret the law for a living.
One of the other speakers and luncheon guests was a polished and confident ethics expert. This expert could recite the ethics with as much passion and conviction as a televangelist quoting scripture to heal the sick and drive donations. In short, she was the attorney's attorney, the go-to person for lawyers with concerns around ethics, conflicts of interest or gray legal matters.
During lunch, our expert was sharing examples of attorney's who operated outside the ethical standards of the industry and thus, found themselves in hot water with the Bar in their respective states. As the details of each story unfolded, we shook our heads as if to say "how foolish, any moron could see that was an ethics violation."
Then our ethics expert graced us with a story of a criminal defense attorney in New York who printed a picture of a naked woman on the back of his business cards. The NY attorney wanted to encourage inmates (ie, his target market) to pass his card around to others who found themselves in the unfortunate position of being incarcerated. Before she could wrap up the story and the rest of us could give the knowing head shake, I was so moved by the creative genius of the NY attorney and blurted out. . ."Oh My God, that is Brilliant!!! "
(Here's a little tip for future reference, if you ever want to score points with an ethics attorney, avoid making any comments to imply you condone nudity as a marketing ploy.)
Despite the looks of disapproval and tension at the table, I stand by my outburst! A naked woman on the back of a criminal defense attorney's card is a brilliant marketing move. It was not so brilliant in terms of ethics or gaining support from peers, but from a pure marketing, how to get attention and how to get people to talk about you - it couldn't have been any better if P.T. Barnum himself created the idea.
I am sure the attorney was fined and/or ordered to cease and desist the distribution of the naked business cards. However, he will be known for years to come as "the attorney who had a naked woman on his business cards." A slap on the wrist for what possibly amounts to years of recognition with his target market . . . not a bad trade if you ask me.
Think about your business, is your target market talking about you and passing your business card around? If the answer is no . . .maybe its time to get naked and stir things up a bit.
Understanding Your Miranda Rights
The case Miranda v. Arizona established the doctrine of the "Miranda Rights." In 1963, Ernesto Miranda, an Arizona man, was arrested on charges of kidnapping and raping an 18-year-old woman. While he was being questioned, Miranda confessed to the crime and this evidence was later used to convict him. After several appeals, the case was brought before the U.S. Supreme Court.
The court ruled that the police failed to inform Miranda of his right to remain silent and the right to an attorney, so the confession that was obtained during questioning was inadmissible as evidence since it violated Miranda's Constitutional rights.
The Miranda Rights are a reflection of two rights guaranteed to all citizens by the U.S. Constitution: the right to avoid self-incrimination and the right to legal representation. The right to self-incrimination, commonly known as the right to remain silent, is guaranteed by the Fifth Amendment of the Constitution.
This right is also the origin of the phrase "plead the fifth." The right to legal representation prevents people from being taken advantage of by police and prosecutors. If you are arrested, you have the right to have an attorney present before answering any questions.
These two rights were established long before the Miranda case; however, the details of the case resulted in the ruling that defendants must be informed of their rights before being questioned. Police are required to "read someone their rights" before questioning them, otherwise the information gained from the interrogation is inadmissible in court.
The actual Miranda warning contains the following information: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."
This passage is heard on television, in movies, in books, and is often taken for granted, however, these Miranda Rights are vital to anyone who has ever been or ever will be accused of a crime. If you have been accused of a crime, understand that you have the right to remain silent. Although you may be tempted to defend yourself against police accusations, it is in your best interest to follow the officer's orders and remain silent.
Cooperating with police officers' warnings and commands does not imply that you are guilty. There will be plenty of time to defend your case once you have spoken with an attorney. Allow a seasoned criminal defense attorney to fight your battles for you so that you do not make the mistake of incriminating yourself or providing authorities with verbal evidence to use against you.
