Advertising has been a staple among personal injury attorneys. According to the American Tort Reform Association, ads for personal injury lawyers account for nearly three out of every four advertisements. Roughly sixty-one percent of spending on legal service ads comes from the personal injury ranks.
Jurisdictions, including California, have long recognized the prospects of advertisements that could (and do) mislead those seeking representation for injuries caused by an automobile wreck, unsafe product, or fall. Indeed, California’s Rules of Professional Conduct already prohibit false and misleading advertisements. Some of the standards you will read have already governed lawyer advertising.
Yet, the January 2025 wildfires in particular have brought false and otherwise unethical legal ads into the forefront. Disasters such as these wildfires devastate victims emotionally and financially, leaving them especially susceptible to unethical practices.
The California State Bar went so far as to warn victims of direct solicitation and advertisements (in oral, written, or electronic form) disguised as legal information or advisories. In fact, the Bar advised the public of the risk that many of these solicitations came from parties not licensed to practice law in California.
Within this landscape came California State Senator Tom Umberg’s efforts to tighten advertising rules and expand remedies for violations. Specifically, he sponsored Senate Bill 37, which became effective January 1, 2026. Below, we highlight the requirements of and restrictions on advertising and how private citizens can enforce these standards.
What is an “Advertisement” according to SB 37?
Consider what SB 37 considers to be an “advertisement.” In relevant part, it means:
- “any communication, through any written, recorded, or electronic mean”…
- “that provides information concerning a lawyer or the lawyer’s services”
- “for the purpose of encouraging individuals to secure the services of the lawyer or their law firm.”
This encompasses a number of media — newspapers, televisions, radio, magazines, billboards, YouTube videos, social media pages or platforms, Internet, email, landing pages, and directories run by legal referral services. Communications take the form of content such as:
- Professional profiles of attorneys on webpages, directories, or legal match services
- Articles posted by attorneys or firms
- Dramatizations of accidents, depositions, settlement negotiations with insurance adjusters or insurance defense attorneys, or trials
- Client testimonials
This expansive definition makes attorneys and law firms responsible not only for their own content, but for that produced by referral services and directories in which the lawyers and firms participate.
What Advertisements Must Contain:
- Name (Licensed California attorney, law firm or certified legal referral service responsible for advertisement)
- Address of attorney or law firm (listed with California State Bar or city or county where office is located)
- The title of celebrity or other spokesman used in the advertisement
- Disclosure of any impersonation or dramatization of a client
The statute uses the term “bona fide” office when referring to location. This means the place where you meet with clients, take phone calls, maintain client files, and otherwise regularly report.
What Advertisements May Not Contain:
- Guarantees of recovery, favorable verdicts, or compensation
- Statements of ability to obtain quick or immediate cash or settlements
- Impersonation of lawyers, judges, or parties if the advertisement does not clearly identify the people as actors or a dramatization
- Reference to an award or recognition if the lawyer receives the award because of membership in the organization or if the lawyer paid for the recognition
- Misrepresentations of the lawyer’s experience, skill, expertise, or record of verdicts, settlements, or other results
- “No fee unless recovery” statements, unless the attorney does not require the client to reimburse for advancing costs and fees
A Word on Referrals:
California SB 37 also addresses potentially misleading actions of lawyer referral services. These organizations match people in need of legal services with attorneys. The California State Bar maintains a list of certified referral services.
Those who suffer personal injuries, property damage, or other legal problems can find advice and assistance through these referral services. Attorneys often rely upon lawyer referral services for clients to sustain their practices. With the financial benefits of lawyer referral services come potential unscrupulous practices that may steer clients to unqualified lawyers or diminish the true aim of referral services to increase the public’s access to lawyers.
To curb deception and unethical practices, SB 37:
- Requires lawyer referral services to get certification from the California State Bar
- Prohibits ownership of referral services by lawyers who receive more than 20 percent of the referrals
- Limits fees charged by referral services
Enforcement:
SB 37 lets aggrieved clients or consumers sue lawyers and other advertisers who violate these advertising laws and rules. The remedies include:
- The lesser of three times actual damages or statutory damages ranging from $5,000 to $100,000
- Attorney fees of the client or consumer
- Orders to remove the advertisement or other injunctions
The complaining client or consumer must, before suing:
- Submit a complaint to the California State Bar
- Obtain a determination by the State Bar that the advertisement violates the lawyer advertising rules
- Wait 72 hours after a determination for the lawyer, firm, or referral service to withdraw the advertisement (if electronic) or other time, but not more than 30 days, for other forms of advertisement.
Offending lawyers, law firms, or referral services can face additional actions, such as disbarment, license suspension, or censure.
Making Your Ads Compliant With the Rules:
These phrases could draw scrutiny and complaints from consumers, clients, or the California State Bar:
- Fast cash
- Immediate recovery
- “Contact the injury help desk” (without name of attorney or firm)
- “No. 1 rated personal injury lawyer”
- Board-certified or specialist in personal injury cases (unless actually certified as specialist by California State Bar)
- “No recovery, no fee” (unless the attorney does not require payment of costs or reimbursement of advanced costs)
Complying with SB 37 involves carefully prepared disclaimers to exhibit transparency and allow clients to make informed decisions. Here are a few possible ones:
- This is an advertisement by (attorney) for legal services.
- Testimonials, settlements, verdicts, and results mentioned are not promises, guarantees, or predictions of future results or outcomes in your case.
- The people and events depicted in this advertisement are AI-generated or actors and are not real events, clients, or lawyers.
- ” This is a dramatization.”
