by Carole J. Buckner
Now is a good time for all lawyers and law firms to review their advertising for compliance purposes. As of January 1, 2026, amendments to the California Business and Professions Code have changed the regulatory landscape for certain aspects of lawyer advertising. The changes include an expansion in the definition of what is an advertisement, the creation of a private right of action, and new requirements for joint advertising by lawyers and law firms. This article summarizes some of the new statutory provisions.
What Is an Advertisement? Prior law defined a lawyer advertisement as a communication that solicited employment of legal services by a licensee. The new law expands the definition of the term “advertisement” to include any communication, through any written, recorded or electronic means, whether available to or directed generally to members of the public or to a limited group of individuals, that provides information concerning a lawyer’s services for the purpose of encouraging individuals to secure the services of a lawyer or law firm. Cal. Bus. & Prof. Code § 6157(b). This expansion cuts across all advertising channels including social media, and sweeps in any “information” about a lawyer’s services.
Skills, Experience & Record Prior statutory provisions as well as the Rules of Professional Conduct already regulated various forms of misleading advertising. See Cal. Bus. & Prof. Code § 6157(a); Cal. Rules of Pro. Conduct r. 7.1. Among other areas, guarantees and warranties of success regarding the outcome of a matter are prohibited, as is the use of statements or symbols regarding immediate cash or quick settlements. Cal. Bus. & Prof. Code § 6157.2(a)(1) & (2). Impersonations and dramatizations of events, as well as the use of spokespersons, continue to be prohibited without an appropriate disclosure. Id. § 6157.2(a)(3). The expanded statute now also prohibits “misleading, deceptive or false” statements regarding a lawyer’s or law firm’s skills, experience or record. Id. § 6157.2(a)(5). Lawyers and law firms should examine advertising content for anything that could be construed as “misleading.” Representations regarding a lawyer’s record should be reviewed for accuracy.
Name and Location Under the revised statute, an advertisement must conspicuously display (or intelligibly do so, if spoken) the name of at least one lawyer licensed to practice in California, the law firm, the certified lawyer referral service or the joint advertiser responsible for the advertisement, and the location of at least one bona fide office location or the address of record listed with the State Bar for the lawyer or law firm. Id. § 6157.2(b)(1)–(2).
References to Awards Many lawyers and law firms reference awards and other types of recognition by organizations. Under the new statute, advertisements for lawyers and law firms may not reference such accolades unless certain requirements are met. First, the recognition or award cannot be conferred simply by virtue of being a member of the organization itself. Id. § 6157.2(a)(6)(A). In addition, the revised statute provides that an award or recognition cannot be displayed if the organization charges or solicits a fee, cost, or payment for the recognition or award. Id. § 6157.2(a)(6)(B). Lawyers should examine each award listed on a website to ensure compliance with this new requirement.
Beware Joint Advertising The new law significantly changes the requirements for “joint advertising” by lawyers and law firms with several new provisions aimed at lead generators. Previously, a lead generator might run an advertisement for those who experienced a certain type of injury, without identifying the specific lawyers or law firms responsible for the advertisement. Section 6155 of the California Business and Professions Code already provided that regulations governing lawyer referral services should not be construed to apply to lawyers’ joint advertising of their services. Cal. Bus. & Prof. Code § 6155(g).
Under the new law governing joint advertising, a lawyer or law firm that is participating in joint advertising must sign a “joint advertising agreement” with the entity managing the joint advertising services. Id. § 6155(g)(1)(B). Pursuant to that agreement, the lawyer or law firm must expressly take liability for the content of the joint advertising. Id. The name of the joint advertiser together with each lawyer or law firm participating in the joint advertisement must be provided. Id. §§ 6155(g)(1)(A), 6157.2(b)(1).
By now, you may be wondering how you will possibly be able to include all of the requirements in certain social media advertisements. Many advertising opportunities provide limited character, display, or time limitations. A statutory provision allows for a joint advertiser to provide a “clear and prominent link” or direction to a landing page or equivalent resource that includes all of the disclosures required. Id. § 6157.2(b)(3).
New Rights of Action The new statutory provisions also expand private rights of action that permit in some cases, “any person,” and in other cases, a “consumer who was misled,” to file a complaint against a lawyer violating statutes regulating advertising. The new provisions allow for recovery of “statutory damages” at a minimum of $5,000 to $100,000 per each unique advertisement (as to consumers misled by an advertisement) or “per violation” (as to claims by “any person”), or three times actual damages, plus attorney’s fees, and other relief. Id. §§ 6153(c), 6156.5(a) (any person); § 6157.2(c) (consumers). In assessing statutory damages, the court can consider multiple factors, including seriousness of the misconduct, number of violations, willfulness, and defendant’s assets, liabilities, and net worth. Id. §§ 6153(d), 6156.5(b), 6157.2(d).
The private right of action for any “person” under section 6153 is aimed at violations of section 6152, making it unlawful for a person or firm to act as a runner or capper for attorneys. A runner or capper is a person or firm acting as an agent for a lawyer or law firm in the solicitation of business for the attorney or law firm. The private right of action for any “person” under section 6156.5 is aimed at violations of section 6155, which includes expanded regulation of joint advertising and regulation of lawyer referral services. The private right of action for any “consumer who was misled” is available for violation of section 6157.2, which includes misleading and prohibited advertisements.
Damages are determined by the relevant circumstances, including but not limited to the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. In addition, the court may award any other relief that the court deems proper. See id. § 6156.5.
Some remedies require that a person first file a complaint with the State Bar, serve it on the advertiser, that the State Bar determine that a violation exists, and that the advertiser fail to withdraw the advertisement in a timely manner. See id. § 6158.4. The State Bar review will be conducted by a State Bar attorney with “expertise in the area of lawyer advertising.” Id. § 6158.4. The State Bar’s decision cannot form the basis for any direct action against the State Bar. Id. § 6158.4(g). However, the State Bar’s decision that the advertisement is a violation shall be admissible in any civil enforcement action. Id. § 6158.4(g).
Discipline Violations of certain advertising regulations may constitute cause for discipline, and the State Bar may investigate complaints regarding lawyer advertising. Id. § 6158.7. The State Bar’s decision as to an advertising complaint is admissible but not determinative. Id. § 6158.7.
As with any new legislation, time will reveal whether the new laws have the impact intended. With these modifications, now is a good time to take stock and tune up by making any needed revisions to bring advertising into compliance.
Carole J. Buckner is a member of the OCBA’s Professionalism and Ethics Committee. She is a partner at Wilson Elser Moskowitz Edelman & Dicker LLP in San Diego.