Can a lawyer guarantee the security on a client's bail bond, and can a lawyer who posted such security later withdraw it?
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This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry asked whether a lawyer may guarantee the security on a bail bond for a client, the inquirer having "heard that it is prohibited for an attorney to make arrangements to secure a bail bond for a client." The committee enclosed copies of Formal Opinion 33, regarding posting bail for others, and RCW 19.72.020, regarding bonds, as possibly the source of what the inquirer had heard.
The committee read the specific inquiry as asking whether another lawyer who posted security for a bond may ethically withdraw that security. Under the rules of procedure given to the committee by the Board of Governors, when an inquiry concerns the conduct of a third party, that party's identity must be disclosed so the party can respond. The committee therefore stated that, if the inquirer wished it to issue an opinion, the identity must be disclosed, and that if the inquirer believed an ethical violation had occurred, the inquirer might consider filing a disciplinary complaint.
Currency note
This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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: Did the committee say whether a lawyer can guarantee a client's bail bond security?
A: It did not resolve the question on the merits. The committee pointed to Formal Opinion 33 and RCW 19.72.020 and treated the specific inquiry as about another lawyer's conduct.
Q: Why did the committee decline to issue an opinion?
A: Because the question concerned a third party's conduct, and the committee's procedural rules require disclosing that party's identity so the party can respond before an opinion issues.
Q: What did the committee suggest instead?
A: That if the inquirer believed an ethical violation had occurred, the inquirer might consider filing a disciplinary complaint.
Background and rules framework
The committee resolved this inquiry on procedural grounds rather than by interpreting a specific Rule of Professional Conduct. It referred the inquirer to its prior Formal Opinion 33 on posting bail for others and to RCW 19.72.020 on bonds, and explained the Board of Governors' procedural rule requiring disclosure of a third party's identity before an opinion on that party's conduct can issue.
Citations and references
Statutes:
- RCW 19.72.020 (bonds)
Other opinions cited:
- WSBA Formal Opinion 33 (posting bail for others)
See also
- WA Ethics Op. 1379: A Lawyer's Guarantee to Pay an Arbitrator's Fee
- WA Ethics Op. 1355: Hold Harmless Agreement on Medical Bills
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=461
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning whether a lawyer may guarantee the security on a bail bond for a client. You indicated that you had "heard that it is prohibited for an attorney to make arrangements to secure a bail bond for a client." Enclosed are copies of Formal Opinion 33 regarding posting bail for others and RCW 19.72.020 regarding bonds. These may be what you are referring to.
Regarding your specific inquiry, it appears to the Committee that you are asking whether another lawyer who posted a security for a bond may now ethically withdraw that security. The rules of procedure given to the Committee by the Board of Governors requires that when an inquiry is raised regarding the conduct of a third party, the identity of that third party must be disclosed so that he or she may have an opportunity to respond. Therefore, if you wish the Committee to issue an opinion, you need to disclose the identity to the Committee. Further, if you believe an ethical violation has occurred you may want to consider filing a disciplinary complaint.
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