Opinion 1381

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.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.