Can Your Lawyer Post Bond? Understanding Harrison County's Attorney Oath of Exemption

Harrison County's Oath of Exemption starts with the attorney putting their license status on the record. By signing, they certify under oath that they are duly licensed to practice law in the State of Texas and that their license is in good standing with the State Bar of Texas.

The form also ties the bond directly to an existing attorney-client relationship. The attorney must certify that they are counsel of record for the defendant whose bond they are seeking to execute as surety. No attorney-client relationship, no bond through this process.

Here's the biggest practical piece: what the attorney agrees to after signing and actually making the bond. The Oath states that by making the bond, the attorney becomes subject to the rules and regulations of the Harrison County Bail Bond Board concerning the conduct of bail bondsmen, as authorized by Chapter 1704 of the Texas Occupations Code. That's significant. Signing the oath doesn't just handle paperwork. It places the attorney under the county board's bail bond rules for conduct tied to making that bond.

For families, this matters because it shifts who carries responsibility for the bond. If the attorney posts bond through this Oath of Exemption, they are accepting that they fall under the Harrison County Bail Bond Board's rules and regulations concerning the conduct of bail bondsmen. That can affect how the bond is treated and what standards the attorney must follow in connection with making it.

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• ✓ Confirm the attorney is duly licensed to practice law in Texas and in good standing with the State Bar of Texas.
• ✓ Confirm the attorney is counsel of record for the defendant whose bond is being executed as surety.
• ✓ Ask directly whether the attorney intends to execute the bond as surety using Harrison County’s Oath of Exemption.

1. Ask what rules apply once the bond is made: The oath states that by making the bond, the attorney becomes subject to the rules and regulations of the Harrison County Bail Bond Board concerning conduct of bail bondsmen (authorized by Chapter 1704, Texas Occupations Code).
2. Get clarification in writing before you rely on the bond: If anything about the Board’s oversight is unclear, ask for clarification from the appropriate county office that handles Bail Bond Board matters, since the oath makes that oversight part of the attorney’s certification when the bond is made.