OPINION 248
May 1962

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 an appointment as attorney-in-fact for a surety company which writes bail bonds.

Canon 24.

Question

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?

Opinion

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).