Dated October 24, 2026. California has never made lawyers file their ads, and it still doesn’t. Since January 1, 2026, though, Senate Bill 37 lets people sue over some lawyer ads (California Legislative Information). The question for a California firm is no longer only “would the Bar object?” but “could this exact ad variant be sued over?” Our California page has the state’s full rules with sources; this note covers what SB 37 changed.
What SB 37 changed
| Change | The rule | Source |
|---|---|---|
| Required in every ad | The name of at least one California lawyer or the firm, plus the city, town or county of a bona fide office, or the State Bar address of record. The landing-page shortcut for short formats applies only to joint advertisers | §6157.2(b) |
| Misleading-ad suits | After a served complaint, a missed withdrawal and a State Bar finding of substantial evidence, a misled consumer can sue: $5,000 to $100,000 per unique advertisement, or three times actual damages, plus fees | §6157.2(c); §6158.4 |
| Capping suits | Any person can sue over runners and cappers, with no State Bar step first | §6153 |
| Referral-service suits | Any person can sue an uncertified lawyer referral service, also with no State Bar step | §6156.5 |
The complaint process sets a clock. Once a complaint is served, the advertiser has 9 days to withdraw the ad voluntarily. If the State Bar later finds substantial evidence, electronic ads must come down within 72 hours (§6158.4). The Senate Judiciary Committee’s analysis notes that Consumer Attorneys of California sponsored the bill (Senate analysis).
The older rules that now carry more weight
- Search and social ads are “electronic media.” The definition includes computer networks (§6157).
- Three things are presumed misleading there: results out of context, injury or accident scenes, and any money reference, including dollar amounts and money symbols (§6158.1).
- Banned in any ad: promises of an outcome, quick-cash or quick-settlement claims, undisclosed dramatizations, and awards that were paid for (§6157.2(a)).
- Keep a copy. Whoever pays for an ad keeps a true copy for one year (§6159.1).
- “Lawyer” includes the lawyer’s agent doing business in California (§6157), which may reach the firm’s marketing vendors.
Why every variant matters
Damages are counted “per each unique advertisement.” A responsive search ad can assemble hundreds of headline and description combinations, and formats such as Performance Max assemble ads automatically. Any combination that drops the firm name and office city, or adds a dollar figure, may be a separate problem. Fewer, pre-approved variants are easier to defend than many automated ones.
What this means for your firm
- Put the name and office city in every ad itself. On Search, pin one headline that carries both, for example “[Firm name], [City] office”.
- Keep money, results and injury images out of California ads unless your counsel has cleared the exact wording.
- Have a served-complaint plan: who receives it, who pauses the ad and its close variants, and who decides on withdrawal, all well inside the 9 days. Never re-run a withdrawn ad.
- Keep an approval log: each ad version, the attorney who approved it, and its run dates.
- Ask your agency in writing that it doesn’t route, rank, sell or share leads between firms. Our agency guide lists the other contract questions, and our 50-state rules guide compares California with other states.
This note summarizes public statutes for marketing planning. It is not legal advice, and the rules change. Ask your own counsel and the State Bar of California before you rely on it.