Ethics, Professional Conduct, and Prohibited Practices
Conduct that ends careers
Ethics questions on this exam usually turn on solicitation, referrals, and the unauthorized practice of law, and the answer is almost always "no."
Prohibited or high-risk conduct includes: loitering in or around a jail, courthouse, or courtroom to solicit business; paying anything of value to a jailer, clerk, law-enforcement officer, or attorney for referrals; recommending or selecting an attorney for a defendant (provide a list or say nothing - never steer); giving legal advice or drafting legal documents; misrepresenting the terms, cost, or consequences of a bond; advertising under a false or unlicensed name; and discriminating in the provision of bonding services on prohibited grounds. Conflicts matter too: an agent may not write bonds where a personal or financial interest compromises judgment, or hold public employment that conflicts with bonding duties.
Also understand confidentiality and fair dealing - defendants and indemnitors are often unsophisticated and under stress. Explain the premium, the nonrefundable nature of the fee, the indemnity obligation, and the consequences of a failure to appear, and put it in writing.
Traps: "the bondsman may recommend a lawyer he trusts" (no); "a small thank-you to the jailer is customary" (no); "the agent may sign under a nickname" (no - licensed name only); "an unlicensed clerk may sign for the agent" (no).
Rule of thumb: if the conduct would have to be hidden from the Division, it is prohibited.