Can a lawyer who practices criminal law also run, or have an interest in, a bail-bond business?

Plain-English summary

The inquiry asked whether a lawyer engaged in criminal and civil practice may also run a bail-bond business under an assumed company name and advertise it in the telephone directory, where the bond company is located in the lawyer's office, in another office in the same building, or in a separate building.

All members concluded it is a violation of Texas Canon 24 for a lawyer who practices criminal law to engage in the business of making bail or other bonds in criminal cases, whether under his own name or an assumed name, or to be connected with or have any interest in such a company, regardless of where the company maintains its office and regardless of whether it advertises (9-0). One member added that the practice also violates American Bar Association Canon 27, citing ABA Opinions 35 and 57.

Currency note

This opinion was issued in 1957, 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 Treat this page as historical context, not current guidance.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: Could a criminal-law attorney run a bail-bond business on the side?

A: No. The Committee held it violates Canon 24, whether under the lawyer's own or an assumed name and wherever the company is located (9-0).

Q: Does it matter if the lawyer merely has an interest in the bond company rather than running it?

A: No. The Committee said the lawyer may not be connected with or have any interest in a company engaged in the bail-bond business in criminal cases.

Q: Does advertising the bond business change the analysis?

A: No. The Committee found the violation regardless of whether the bond company advertised its business.

Background and rules framework

The opinion interprets former Texas Canon 24 (advertising and solicitation) and references American Canon 27. The modern analog is ABA Model Rule 7.3 (solicitation of clients), the canon-era concern being a lawyer using a bond business to channel criminal clients to himself.

Citations and references

Rules of Professional Conduct:

• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canon 24 (advertising and solicitation)
• American (ABA) Canon 27

Other opinions cited:

• ABA Opinions 35 and 57: cited by one member

See also

• TX Ethics Op. 142: Lawyer Officing With a Bail Bondsman
• TX Ethics Op. 140: Lawyer as Surety on a Client's Bond

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-141/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_141.pdf

Original opinion text

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

QUESTION PRESENTED

Is it a violation of the Canons of Ethics for an attorney, who is engaged in the practice of criminal and civil law, to be engaged in the business of making bail bonds under an assumed company name and to advertise such business in the telephone directory when
The bail bond company has its location in the attorney's office;
The bail bond company has its office in another office in the same building;
When the bail bond business is located in another building.

18 Baylor L. Rev. 254 (1966)

SOLICITATION - BAIL BONDS
An attorney practicing criminal law may not engage in the business of making bail or other bonds in criminal cases, or be in any way connected with any company engaged in that business.

Canon 24. A.B.A. Canon 27.

All members of the committee are of the opinion it is a violation of Texas Canon of Ethics 24 for an attorney who practices criminal law to engage in the business of making bail or other bonds in criminal cases, whether he makes such bonds under his own name or an assumed name, or to be in any way connected with, or have any interest in, any company which is engaged in the business of making bail or other bonds in criminal cases, regardless of where such company maintains its office, and regardless of whether it advertises its business.

One member points out that such practice is also a violation of Canon 27 of the American Bar Association and cites Opinion 35 and 57 of the American Bar Association to support his views. (9- 0)

Tex. Comm. On Professional Ethics, Op. 141 (1957)