Client Alert: 2026 Compliance Checklist for California SB 37
Practical Steps Law Firms and Legal Marketers Should Take Now
California lawyers have always been told not to mislead the public. Starting January 2026, that guidance comes with sharper teeth.
SB 37, The bill was signed by Governor Newsom on October 11, 2025 (Chapter 645, Statutes of 2025), reshapes attorney advertising in California by expanding what counts as an advertisement, tightening content rules, and giving consumers the power to sue over deceptive marketing. If your firm advertises online, this law matters.
The Big Picture: What SB 37 Is Trying to Fix
SB 37 is aimed at consumer confusion, especially in digital legal marketing. Legislators concluded that vague promises, flashy awards, and outcome-driven language were pushing past persuasion and into deception.
Instead of relying only on ethical guidance, SB 37 adds:
- A broader definition of advertising
- Clearer bans on misleading content
- Civil lawsuits as an enforcement mechanism
Starting in January 2026, advertising compliance becomes both an ethics issue and a litigation risk.
January 2026: What Actually Changes
Advertising Means More Than You Think
Under SB 37, any communication that promotes legal services may qualify as an advertisement, including:
- Websites and landing pages
- Google, social media, and display ads
- Intake pages and lead capture forms
- Email and text campaigns
- Co-branded or “network” advertising
If it is designed to attract clients, it needs to be reviewed.
The Rules on Content Get Much Clearer
SB 37 draws brighter lines around what lawyers can and cannot say.
Don’ts – Risky or Prohibited Examples
- We guarantee results.
- Get cash fast. Settlements in days.
- The best lawyer in California (without objective proof).
- Award-winning attorney when the award was paid for or based on simple membership.
- Using actors or personas that imply they are actual lawyers or clients.
Do’s – Safer Alternatives
- Past results do not guarantee future outcomes.
- We represent clients in personal injury matters, including auto accidents.
- Recognized by an award that is based on peer review and published criteria.
- Clear descriptions of experience without exaggeration, such as over 15 years handling employment litigation matters.
If you cannot prove it or clearly explain it, you should not say it.
Awards Pages Are a High-Risk Area
Awards receive special attention under SB 37.
Don’t
- List badges you paid to display
- Reference honors based solely on joining an organization
- Use logos that imply government or State Bar endorsement
Do
- Identify legitimate awards accurately
- Disclose selection criteria when referenced
- Confirm the award is merit-based and independently conferred
Awards pages are now a common compliance risk area.
Consumers Can Sue, Not Just Complain
Beginning January 2026, consumers gain a new enforcement tool.
Beginning January 1, 2026, consumers gain a new enforcement tool under SB 37. After filing a complaint with the State Bar of California, the State Bar has 21 days to determine whether substantial evidence of a violation exists. If the State Bar finds such evidence and the advertiser fails to withdraw the advertisement within 72 hours, or withdraws the ad but later rebroadcasts it, the consumer may then bring a civil lawsuit seeking statutory damages ranging from $5,000 to $100,000 per violation, plus attorney’s fees and injunctive relief.
Advertising disputes may now begin as ethics complaints and end as civil litigation.
Joint Ads Mean Joint Responsibility
Modern marketing arrangements are covered.
When multiple firms or attorneys appear in an advertisement:
- All participating lawyers must be clearly identified
- Responsibility for misleading content is shared
- Required disclosures, such as office location, must be included
Don’t
- Rely on lead generator standard language
- Assume another firm is responsible for compliance
Do
- Review shared landing pages and intake ads
- Confirm disclosures are accurate and complete
- Treat third-party marketing as if you wrote it yourself
What This Means for Law Firms
Website copy matters. Email marketing matters. Awards and experience claims matter. Marketing partners’ language becomes your responsibility.
Tighten Oversight of Marketing Vendors
- Review vendor scripts, templates, and disclosures
- Ensure lead generators clearly disclose they are not law firms (if applicable)
- Confirm vendors can quickly remove or modify ads if required
Prepare for Rapid Withdrawal Obligations
- Confirm you know who controls the ads
- There is a 72-hour or faster response process
- Contracts allow for immediate takedown if needed
Train Internal Teams
Marketing staff, intake teams, and firm leadership should understand:
- What SB 37 covers
- What claims are prohibited
- When disclosures are required
- When to escalate concerns
SB 37 does not ban advertising. It bans overpromising, vague bragging, and consumer confusion.
Where to Learn More
- LegiScan, BillTrack50 and California Legislative Information for the full statutory text and legislative history
- Consumer Attorneys of California for analysis of consumer protection goals
- State Bar of California for advertising rules and ethics guidance
As of January 1, 2026, SB 37 compliance is no longer theoretical; it is enforceable law. For attorneys and legal marketers, the safest approach is simple: Be accurate, transparent, and unmistakably clear about who you are and what you offer.
Disclaimer: “This article is for informational purposes only and does not constitute legal advice. Consult a licensed California attorney for compliance guidance.”
