To whom does the bail agent owe the largest duty of care?

The bail agent owes the largest duty of care to their client, who is typically the person seeking the bail or a close relative who is securing the bail on their behalf. This duty encompasses ensuring that the client understands the terms and conditions of the bail agreement, providing guidance throughout the bail process, and safeguarding the client's interests during this critical time. The relationship between a bail agent and the client is based on trust and the agent’s responsibility to act with the utmost care in fulfilling their professional obligations to help secure the release of the client while also adhering to legal requirements.

While the bail agent also has duties to the courts, the insurance company, and the public, these obligations do not outweigh the primary duty they hold towards their client. The courts rely on the bail agents to uphold the integrity of the bail system, the insurance company expects compliance with underwriting requirements, and the public may have expectations regarding community safety. However, the direct relationship and responsibilities focused on the client place them at the forefront of the bail agent’s duty of care.