Can Your Lawyer Post Bond? Understanding Harrison County's Oath of Exemption for Attorneys
If your loved one is in Harrison County and you've heard a lawyer might "post the bond," this typically happens through a sworn form called an Oath of Exemption. Here's what that oath actually requires the attorney to certify—and what it means once they sign.
Harrison County uses a sworn affidavit called an "Oath of Exemption and Certification of Attorney Client Relationship" when an attorney wants to execute a bond as surety. The lawyer signs under oath, confirming their identity and that every statement is true and correct under penalty of perjury. This isn't just a signature page. The form includes specific certifications about the attorney's licensing status and their relationship to the defendant. Those certifications are the core conditions the attorney swears to when using this oath.
Certifications
- ✓ The attorney is duly licensed to practice law in the State of Texas
- ✓ The attorney’s license is in good standing with the State Bar of Texas
- ✓ The attorney is counsel of record for the defendant whose bond they are seeking to execute as surety
Note: These aren't informal promises - they're sworn statements on the affidavit. If you want to understand exactly what the lawyer is representing to the court and county, start with these certifications.
When an attorney makes a bond under Harrison County's Oath of Exemption, the form states they become subject to the Harrison County Bail Bond Board's rules and regulations for bail bondsmen conduct. The affidavit ties this authority to Chapter 1704 of the Texas Occupations Code. So the oath covers more than just the attorney's license and client relationship. By signing and executing the bond as surety, the attorney also acknowledges a layer of local regulatory oversight governing bail bond conduct in Harrison County.
Heads up: The oath explicitly says that once the attorney makes the bond, they’re subject to the Harrison County Bail Bond Board’s rules and regulations for bail bondsmen conduct.
For families, the bottom line is straightforward: if a lawyer posts bond under this Harrison County oath, they're not doing it casually. They're swearing (1) they're licensed in Texas and in good standing with the State Bar, (2) they are counsel of record for the defendant whose bond they're executing as surety, and (3) they understand that making the bond subjects them to the Harrison County Bail Bond Board's rules for bail bondsmen conduct under Chapter 1704. If any of those certifications raise questions, ask the attorney directly to confirm what they're signing and in what capacity they're acting.
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