ETHICS OPINION 368-1941

NUMBER 368 1941

Question. I am a member of the New York Bar. I contemplate taking an active interest in a corporation which intends to go into the business of writing bail and surety bonds in the state of New Jersey. My duties will consist of supervising bail bondsmen and other agents in the writing of bail bonds, and general executive activities. However, I do not intend to write any bail bonds myself. All my activities are to be limited to the state of New Jersey, as the corporation will operate in that state exclusively.

Is it professionally proper for me to engage in the foregoing activities?

Answer. If the attorney confines his activities in the bail bond business to the State of New Jersey and his legal practice to the State of New York, his participation in the bail bond business is not improper provided the business is not intended or used to solicit professional employment in New York. If, however, both the business and professional activities should be conducted in the same jurisdiction, the proposed conduct would be improper, (See Canons 27 and 35 of the American Bar Association; Opinions 276 and 322.) at least in part, upon the wife’s ability to support the child. In the opinion of the Committee, the subject matters of the two employments are too closely related to permit A, who represented the wife upon the separation agreement, to represent the husband in proceedings for the custody of the child in the absence of the wife’s consent, obtained with the approval of the husband and upon independent advice secured by her.