California SB 37: The New Attorney Advertising Law Every Law Firm Needs to Know

If your law firm runs digital ads, maintains a website, sends legal mailers, or uses a lead generation service, California's Senate Bill 37 (SB 37) changes how you must operate effective January 1, 2026. This is not a minor update to State Bar rules. SB 37 is a sweeping statutory overhaul that introduces new disclosure requirements, bans specific ad content, and for the first time gives consumers the right to sue your firm directly for misleading advertising.

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This guide breaks down every provision of the law so you know exactly what changed, what's prohibited, and what to do right now.

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What is California SB 37?

Senate Bill 37, formally titled "Attorneys: Unlawful Solicitations and Advertisements," was signed into law by Governor Gavin Newsom on October 11, 2025 (Chapter 645, Statutes of 2025). The bill amends three existing sections of the Business and Professions Code: Sections 6153, 6157, and 6157.2, and adds an entirely new Section 6156.5.

Its primary goal: eliminate deceptive attorney advertising and hold law firms accountable not just to the State Bar, but to the consumers they target. The bill was driven by a surge in misleading legal advertising across digital platforms, paid awards, exaggerated case results, and lead generation companies running deceptive ads without disclosure.

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Section 6157 - a Broader Definition of "Advertisement"

One of SB 37's most significant changes is the expanded legal definition of "advertise" and "advertisement" under Business and Professions Code Section 6157. Prior law focused mainly on TV, radio, and print. The updated law closes the digital loophole entirely.

An "advertisement" now means any communication, through written, recorded, or electronic means  that provides information about a lawyer or their services for the purpose of encouraging individuals to hire that lawyer or firm. This explicitly covers:

• Social media posts and paid ads: Instagram, Facebook, LinkedIn, TikTok, etc.
• Google Ads, display ads, and retargeting campaigns, and all other paid ads
• Law firm websites and landing pages, and other web assets
• Mass text messages and email campaigns
• Lead generation landing pages run by third-party vendors on your behalf

New Mandatory Disclosure Requirements

Every advertisement must now conspicuously display:

• The name of at least one California-licensed attorney or the law firm responsible for the ad
• The city, town, or county of a real physical office location, or the attorney's address of record with the State Bar

Attorneys must also retain copies of all advertisements for one year after their last dissemination, along with records of when and where each ad was used.

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Section 6157.2 - What Your Ads Can No Longer Say

Section 6157.2 governs prohibited content in attorney advertisements. SB 37 strengthens these restrictions considerably across five categories:

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Section 6153 - Updated Solicitation Rules

SB 37 also amends Business and Professions Code Section 6153, which governs direct solicitation of potential clients - including targeted letters, emails, and outreach campaigns. The amendments strengthen disclosure requirements and clarify that all solicitation materials are subject to the same truthfulness standards as general advertising.

In practice, this means that targeted communications, such as a letter mailed to someone recently in an accident or a text sent to a person who submitted a legal intake form must comply with the full scope of SB 37's advertising requirements. There is no "solicitation exception" to the prohibitions on misleading content.

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Section 6156.5 - The New Private Right of Action

This is the provision that fundamentally changes the risk profile of attorney advertising in California. Section 6156.5 is brand new, it did not exist before SB 37 and it gives individual consumers a direct legal mechanism to sue law firms for misleading advertising.

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Penalties and Damages

Under Section 6156.5, a court may award:

• Statutory damages of a minimum of $5,000 and a maximum of $100,000 per violation
• Treble (3×) actual damages - whichever amount is greater
• Attorney's fees and court costs

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How to Make Your Law Firm SB 37 Compliant

SB 37 is not a reason to stop advertising. It's a reason to advertise more strategically. Here's what to do right now:

• Audit every active ad across all channels: Google, social media, landing pages, and print for SB 37 compliance
• Verify all awards and recognitions cited in your advertising meet the new criteria; remove any pay-to-play designations
• Add required disclosures (attorney name + real office location) to every digital and print ad
• Remove any language of fast or gurentee results
• Actor playing client / attornys must be disclosed
• All claims can be verified
• Review your lead generation contracts and require SB 37 compliance warranties from all vendors‍
• Train your marketing team and any outside agencies on the new requirements‍
• Set up an ad archive system to retain copies of all ads for a minimum of one year

Need help building an SB 37-compliant marketing strategy? Contact us to see how we can help generate leads the right way.

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Frequently Asked Questions

Does SB 37 apply to out-of-state law firms advertising to California residents?

Yes. If your advertisements are directed at California consumers, regardless of where your firm is physically located, you are subject to SB 37's requirements.

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Are social media organic posts considered advertisements under SB 37?

Organic informational posts may not trigger SB 37. However, any post designed to encourage individuals to hire your firm, including case result posts and testimonials, likely qualifies as an advertisement and must comply.

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Where can I read the full text of SB 37?

The complete bill text is available at the California Legislative Information website. The State Bar's guidance is available at calbar.ca.gov.

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What if my State Bar's rules are less strict than SB 37?

SB 37 is a statutory law. It operates alongside not instead of State Bar rules. California-licensed attorneys must comply with both.

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