Can a lawyer sign as surety on a bail bond for a felony defendant, whether a client or a friend?

Plain-English summary

The inquiry asked whether it violated the Canons for a lawyer to sign his name as surety for individuals indicted for felonies, either as a lawyer representing his clients or just as a friend.

A majority of the committee concluded that becoming such a surety was not a violation of the law or any Canon of Ethics. The vote was 6-1.

The published opinion carries a notation that it is overruled insofar as it conflicts with the committee's later Opinion 140.

Currency note

The Texas Professional Ethics Committee notes that this opinion is overruled insofar as it conflicts with the later Opinion 140; treat its conclusion as superseded to that extent. This opinion was issued in 1952, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Subsequent rule amendments or later opinions may have changed the analysis; a lawyer's financial undertakings on behalf of a client are now addressed by ABA Model Rule 1.8. Treat this page as historical context, not current guidance.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 find anything wrong with a lawyer acting as surety for a felony defendant?

A: No. A majority (6-1) concluded that becoming such a surety, whether for a client or as a friend, was not a violation of the law or any Canon, as the opinion was decided in 1952.

Q: Is this 1952 conclusion still good?

A: The opinion itself notes that it is overruled insofar as it conflicts with the later Opinion 140, so its conclusion is superseded to that extent.

Citations and references

Rules of Professional Conduct:

• MR 1.8 (a lawyer's financial undertakings for a client), as the modern analog
• Texas Canon 6 (adverse influences and conflicting interests)

Other opinions cited:

• Tex. Comm. on Professional Ethics, Op. 140 (later opinion that overrules Op. 46 to the extent of any conflict)

See also

• TX Ethics Op. 53: Power-of-Attorney Clause Assuming All Costs
• TX Ethics Op. 48: County Attorney in Private Civil Practice

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-46/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_46.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 a lawyer to sign his name as surety for individuals indicted for felonies, either as lawyers representing their clients or just as friends?

18 Baylor L. Rev. 215 (1966)

ATTORNEY AS SURETY
An attorney may sign his name as surety for individuals indicted for felonies, as an attorney representing his clients or as a friend. (This Opinion is overruled insofar as it conflicts with Opinion 140.)

Canon 6.

A majority of the members of the committee are of the opinion that becoming such sureties is not a violation of the law or any Canon of Ethics. (6-1)

Tex. Comm. On Professional Ethics, Op. 46 (1952)