Can a lawyer who does not practice criminal law serve as attorney-in-fact for a surety company that writes criminal bail bonds?

Plain-English summary

An attorney who did not practice criminal law was offered an appointment as attorney-in-fact for a surety company that makes criminal bail bonds. The inquiry asked whether he could ethically accept.

The Committee said there was nothing per se unethical about a lawyer who does not practice criminal law acting as attorney-in-fact for such a surety company. It said the result would be different if the lawyer used the position to solicit legal work for himself, to act as a touter for someone practicing criminal law, or to advertise himself as a lawyer. It noted that being in the bail-bond business may or may not tend to feed the practice of a civil lawyer, but that if it did, Canon 24 would be violated. The ruling was 9-0.

Currency note

This opinion was issued in 1962, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. It also predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which loosened categorical advertising restrictions, though prohibitions on solicitation were not eliminated. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer work as attorney-in-fact for a bail-bond surety company?

A: Under this opinion, yes in principle. The Committee said there was nothing per se unethical about a lawyer who does not practice criminal law acting as attorney-in-fact for a surety company that writes criminal bail bonds.

Q: When would the bail-bond role become a Canon 24 violation?

A: The Committee said it would be a different matter if the lawyer used the position to solicit legal work, to act as a touter for a criminal practitioner, or to advertise himself as a lawyer, and that if the bail-bond business fed his civil practice, Canon 24 would be violated.

Background and rules framework

The opinion interprets former Texas Canon 24, which prohibited advertising and solicitation by lawyers, as applied to a lawyer holding a position in a bail-bond surety business. The modern analogs are ABA Model Rule 7.1, on communications concerning a lawyer's services, and Model Rule 7.3, on solicitation of clients.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canon 24 (former canon)

See also

• TX Ethics Op. 251: Lawyer as Surety on a Client's Bond
• TX Ethics Op. 265: Soliciting Work via a Friend
• TX Ethics Op. 266: Selling a Law Practice's Clientele

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-248/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_248.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

An attorney, who does not practice criminal law, is offered an appointment as attorney-in-fact for a surety company which makes criminal bail bonds. Is it ethical for such attorney to accept such an appointment?

18 Baylor L. Rev. 325 (1966)

SOLICITATION - INDIRECT ADVERTISING - MEMBER AS ATTORNEY-IN-FACT FOR A SURETY COMPANY
It is not unethical for a member who does not practice criminal law to accept appointment as attorney-in-fact for a surety company which writes bail bonds.

Canon 24.

The committee is of the opinion that there is nothing per se unethical about an attorney, who does not practice criminal law, acting as attorney-in-fact for a surety company which writes criminal bail bonds. It is a completely different matter, however, if the attorney does in practice use this position to solicit any legal work for himself, to act as touter for one practicing criminal law, or to advertise himself as a lawyer. Being in the business of writing criminal bail bonds may or may not tend to feed the practice of a civil law attorney; but, if it did, Canon 24 would be violated. (9-0.)

Tex. Comm. On Professional Ethics, Op. 248 (1962)