By Shawn Shaffie & Jabari J. Brown
As technology continues to move ahead, and lawyer advertising is no longer just about the billboard on the 405 or a half-page ad in the Daily Journal, so too have the regulatory goalposts moved regarding the manner in which California lawyers can advertise to reach prospective clients. California SB 37 (effective January 1, 2026) overhauls attorney advertising by modernizing the rules and escalating the penalties that can follow legal advertising missteps. The statute updates the vocabulary to appropriately reflect today’s digital marketplace while sharpening the bite of enforcement penalties. Prudent firms can blunt these expanded risks by mastering the law’s new exposure points.
One of the most critical shifts in SB 37 is the expanded definition of “advertisement.” Previously, the rules focused on communications that “solicit” employment. The new standard now captures anything that “encourages” the hiring of a lawyer. This is more than a semantic tweak. It effectively brings “soft” marketing under the State Bar’s microscope and redefines “advertisement” to capture any written, recorded, or electronic communication, whether broadcast to the public at large or aimed at targeted groups, that encourages the hiring of a lawyer. Therefore, newsletters, drip emails, text campaigns, social media posts, and even direct messages now warrant review for advertising disclosure requirements.
Although simplicity sells, SB 37 imposes new disclosure mandates, even on the limited canvases of already cramped billboards. Under the new rules, every advertisement must conspicuously display:
For digital platforms: If character limits are an issue (like on X/Twitter or in a text campaign), you can satisfy this with a “clear and prominent” link. However, that link must lead directly to a page where the responsible attorney and office location are front and center. These duties extend to text-message campaigns and pretty much any communication aimed at any group, from a niche audience to the general public.
The “teeth” of SB 37 are sharp, in that anyone can file a State Bar complaint predicated on the failure to provide the required disclosure. More concerning are the monetary damages that are available to consumers who are misled by inadequate disclosures: the greater of (1) treble actual damages plus attorney’s fees, or (2) statutory remedies reaching $100,000 per violation.
There is however one procedural safeguard designed to prevent “gotcha” litigation. Before a civil suit can be filed under Section 6157.2, the complaint must be filed with the State Bar and served on the advertiser.
The Withdrawal Window: Attorneys have 9 days to pull the challenged ad. If you withdraw it within this window, the civil action is barred—regardless of whether the ad actually violated the law.
The State Bar’s Role: If attorneys do not withdraw the advertisement, the State Bar evaluates whether there is substantial evidence of a violation. If the State Bar finds that a violation has occurred, the advertiser will be subject to a mandatory withdrawal period, during which time the advertisement must be removed: 72 hours for electronic media and up to 30 days for non-electronic media.
SB 37 essentially ends the era of “casual” digital marketing for California firms. Every outreach—from a LinkedIn post to a mass text—now requires a formal compliance check.
Before your next campaign goes live, ensure your disclosures are prominent enough to survive both a State Bar audit and the scrutiny of a plaintiff’s attorney. The price of a “quick post” without the proper name and office location is no longer just a slap on the wrist—it’s a potential six-figure liability.
Disclaimer: Writers’ positions do not necessarily reflect those of the Beverly Hills Bar Association. The information contained on this page is not legal advice and may not be relevant in various territories and/or jurisdictions. As the laws change often, the information on this page may not be relevant at some point in time. No attorney-client relationship is formed by use of this post. The information on this page is for general purposes only.
