What are California's rules on lawyer advertising?

Rules 7.1 to 7.5 (State Bar)

Rule 7.1 bans false or misleading communications, including true statements that mislead by what they leave out. Rule 7.2 covers advertising and paying for recommendations, 7.3 solicitation, 7.4 specialization and 7.5 firm names. The State Bar's comment to Rule 7.1 points to Article 9.5 as another source of rules.

B&P Article 9.5, sections 6157 to 6159.2 (statute)

Article 9.5 lists what an ad may not contain and what it must contain. Section 6158.5 applies it to lawyers, law firms, referral services, advertising cooperatives and nonlawyers advertising legal services. Violating the core sections is also cause for State Bar discipline under 6158.7.

Where agencies fit

Section 6158.5(c) says the article doesn't apply to an advertising agency that prepares an ad's content, unless it's involved in running collectives, referral services or similar groups. The firm carries the rule. That's why every California ad we write goes to the lawyer for approval before it runs.

"Electronic medium" in section 6157 means television, radio or computer networks. So search ads, Meta ads, YouTube and the firm's website all sit inside the electronic media rules described below, not just TV spots.

The three presumptions (6158.1)

A message about the result of a specific case presented without the facts or law behind it. A depiction of injuries, accident scenes or other injurious events that may give rise to a claim. A message referring to money received for a client, or potential money for a prospective client, which includes dollar amounts, monetary symbols and the implication of wealth.

The required disclosure (6158.3)

An electronic ad portraying a result must either explain the factual and legal circumstances (basis for liability, nature of the injury) or state that the result depended on the facts of that case and results will differ on different facts. The statute adds that the disclosure alone may not rebut the presumptions.

The message as a whole (6158)

In electronic media the combined effect of words, sound, visuals and symbols must not mislead and must be "factually substantiated", meaning capable of verification by a credible source. A stock photo of a wrecked car under a dollar figure is judged together, not piece by piece.

Rule 7.1 comment [4] makes the same point for testimonials and comparisons: they can create an unjustified expectation, and a disclaimer often helps. The full testimonial picture across states is in our guide to using client testimonials.

• Rule 7.3(a): no in-person, live phone or real-time electronic solicitation when pecuniary gain is a significant motive, unless the person is a lawyer or has a family, close personal or prior professional relationship with you.
• Rule 7.3(c): a written, recorded or electronic message to someone known to need help in a particular matter carries the word "Advertisement" on the envelope and at the beginning and end of a recorded or electronic message.
• Rule 7.3(f): no soliciting the respondent in a domestic violence restraining order proceeding until they've been served and proof of service is on the docket. Family law and criminal firms should brief intake on this one.
• Comment [1]: billboards, banner ads, websites, TV and responses automatically generated by internet searches aren't solicitation. Search ads and the firm's site fall here.
• Rule 7.4: "certified specialist" only if certified by the State Bar's Board of Legal Specialization or an accredited entity, named in the ad. Saying the practice "specializes in" or is limited to a field is allowed if true.

We found no California rule that sets a waiting period after an accident before a targeted letter can go out, unlike Florida or Nevada. The label, the respondent rule and the general bar on intrusion, coercion and harassment in 7.3(b) still apply.

1. 1

   Open every live ad

   Confirm each one shows a California lawyer or firm name and an office city, town or county. In search ads, that means a description line, not just the business name, which Google doesn't show every time.

2. 2

   Audit the awards on your site

   For each badge, ask: did we pay, or get billed, for it? Is it given for membership? If yes to either, take it down under 6157.2(a)(6).

3. 3

   Find every dollar figure

   Website, videos, social posts, ads. Each needs the facts behind it or the 6158.3 statement next to it, and it still carries the presumption.

4. 4

   Check the "no fee" wording

   If an ad says no fee without recovery, it must say whether the client pays costs. If you can't fit both, drop the claim from that ad.

5. 5

   Look for actors and reenactments

   Client portrayals and dramatized events need a disclosure in the ad itself, and spokespeople need their title.

6. 6

   Start the one-year file

   Save a true copy of each ad with its run dates. Section 6159.1 requires the one who pays for it to keep it for one year.