California personal injury law firm marketing and ad rules

California gives injury firms more specific advertising rules than most states. The rules target the common injury ad: the crash scene, the dollar figure, the big result and the promise of fast cash. This guide shows how to build search, maps and ad programs around those rules instead of fighting them.

Start with the California rules pillar and the SB 37 guide. For the business side, see our personal injury marketing guide and the personal injury practice page.

What does California presume misleading in an injury ad?

Section 6158.1 creates a rebuttable presumption that three kinds of message are false, misleading or deceptive. The three kinds are A message as to the ultimate result of a specific case or cases presented out of context; The depiction of an event through methods such as the use of displays of injuries, accident scenes; The money presumption reaches monetary symbols and the implication of wealth, not only dollar amounts (§6158.1(c)). A presumption can be rebutted, so a firm is not barred from every such ad, but it moves the burden onto the firm to show the ad was not misleading.

How do you state a result without breaking that?

The results disclosure alone may not rebut the presumptions in section 6158.1 (§6158.3). The results disclosure is one of two choices. The alternative is a statement that the result was dependent on the facts of that case and that results will differ if based on different facts (§6158.3). Do not treat the disclosure as a cure. Publish the facts of the matter and the legal basis, and leave out the dollar headline.

What about “no fee unless we win”?

a contingency statement must advise whether a client will be held responsible for any costs advanced by the licensee when no recovery is obtained. unless the communication also expressly discloses whether or not the client will be liable for costs. Write the cost sentence in the ad itself.

What about actors and spokespeople?

What about runners, cappers and lead vendors?

it is unlawful to act as a runner or capper for any attorneys (§6152). A referral service must be certified by the State Bar of California (§6155(a)(1)). Ask any lead vendor how it is certified and where each lead is routed. Our lead vendor questions give the list.

What about billboards and outreach?

Rule 7.3 comment 1 says a communication is not a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial. Direct contact is different. A lawyer may not solicit by in-person, live telephone or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain. Do not text or chat unprompted with people who were in a crash.

How do the channels compare for an injury firm?

To turn this into a plan, tick through the California injury marketing playbook.

What happens after a complaint?

the advertiser has nine days to voluntarily withdraw the ad. within 72 hours. Keep a pause contact and an ad log, as the SB 37 guide sets out.

Free tools for California injury firms

• Speed-to-sign checklist: time how fast a new injury inquiry gets a real answer.
• After-hours intake kit: cover the evening and weekend calls your ads bring in.
• Spanish demand map: see Spanish-language demand in your metro.
• Ad compliance checker: check your ad text against your state’s rules.

For letters and TV, the national state-by-state tables are direct mail and solicitation rules and TV advertising rules.

What does this mean for your firm?

• Audit every injury ad for money, scenes and results, and remove them from online creative.
• Add the cost sentence to every contingency claim.
• Choose channels where the person asks first, such as search, maps and Local Services Ads.

See the work by channel: personal injury SEO and personal injury ads, plus our guides to Google Ads and Local Services Ads in California and law firm SEO in California. Market pages: Los Angeles, Inland Empire, San Diego and Sacramento. The California state page is the short version.

Get my free review and we will check your injury ads against this list.

Marketing information, not legal advice. California’s rules change, and the State Bar and the courts decide how they apply. Ask your own counsel before you rely on this page. Last reviewed by our editor.