OPINION 141
March 1957

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.

Questions

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

1. The bail bond company has its location in the attorney's office;

2. The bail bond company has its office in another office in the same building;

3. When the bail bond business is located in another building.

Opinion

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, regard1ess of where such company maintains its office, and regardless of whether it advertises its business.

One member points out that such practice is also in 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)