California Attorney Advertising Disclosure and Compliance Review

CALIFORNIA ATTORNEY ADVERTISING DISCLOSURE AND COMPLIANCE REVIEW

Reviewer and Advertisement Information

Part 1. Threshold Classification — Communication vs. Advertisement vs. Solicitation

This piece is best classified as (check one):

☐ A general communication about the lawyer's services (CRPC 7.1)
☐ An advertisement directed generally to the public (CRPC 7.2; Bus. & Prof. Code § 6157)
☐ A solicitation of a specific prospective client known to need legal services in a particular matter (CRPC 7.3)
☐ An electronic media advertisement subject to Bus. & Prof. Code § 6158

Audience: ☐ General public ☐ Specific persons identified by name ☐ Members of a defined group ☐ Existing or former clients ☐ Other lawyers (referral source)

Part 2. CRPC 7.1 — False or Misleading Communications

The communication:

☐ Does not contain a material misrepresentation of fact or law
☐ Does not omit a fact necessary to make the statement, considered as a whole, not materially misleading
☐ Does not state or imply any factual or legal proposition the lawyer cannot substantiate
☐ Does not create an unjustified expectation about results (e.g., promised outcomes, specific dollar amounts) without an appropriate disclaimer
☐ Does not compare the lawyer's services with other lawyers' services unless the comparison can be factually substantiated
☐ Any testimonials or endorsements comply with CRPC 7.1, are accurate, and are accompanied by an appropriate disclaimer where prior results are referenced (suggested: "This testimonial does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.")
☐ Any prior-results statements are accompanied by a disclaimer that results depend on the unique facts of each case and past results do not guarantee future outcomes
☐ Any simulated or "dramatized" scenes, actor-portrayals, or stock footage that could be mistaken for a real client or event are disclosed as such (consistent with Bus. & Prof. Code § 6157.2(c))

Part 3. CRPC 7.2 — Advertising Requirements

☐ The advertisement contains the name of at least one lawyer responsible for its content
☐ The advertisement contains the office address of that lawyer or law firm (a bona fide office or the State Bar address of record per Bus. & Prof. Code § 6158)
☐ The lawyer does not give anything of value to a person for recommending the lawyer's services, except:
☐ Reasonable costs of advertisements or communications permitted by the Rules
☐ Reasonable fees paid to a qualified lawyer referral service registered with the State Bar (Bus. & Prof. Code § 6155)
☐ A nominal gift as an expression of appreciation that is neither intended nor reasonably expected to be a form of compensation for recommending the lawyer's services
☐ Any reciprocal referral arrangement with another lawyer or non-lawyer professional is non-exclusive, the client is informed of the existence and nature of the arrangement, and the arrangement otherwise complies with CRPC 7.2(b)(4)
☐ The lawyer will retain a copy or recording of the advertisement for 2 years after its last dissemination, together with a record of when and where it was used (CRPC 7.2(c))

Part 4. CRPC 7.3 — Solicitation Restrictions

Complete this Part only if the communication is or may be a solicitation under CRPC 7.3.

☐ The communication is not an in-person, live telephone, or real-time electronic solicitation of a non-lawyer for pecuniary gain, OR
☐ The solicitation falls within a CRPC 7.3(a) exception — the person contacted is:
☐ Another lawyer
☐ A person with whom the lawyer has a close personal or family relationship
☐ A person with whom the lawyer has a prior professional relationship
☐ A person who routinely uses the type of legal services involved for business purposes
☐ The person solicited has not made known a desire not to be solicited
☐ The solicitation does not involve coercion, duress, or harassment
☐ For written, audio, or recorded solicitations targeted to specific persons known to need legal services in a particular matter, the communication includes the words "Advertisement" or "Newsletter" on the outside of any envelope (if any) and at the beginning and ending of any audio or video transmission (CRPC 7.3(c))
☐ If the prospective client is in a particularly vulnerable state (e.g., recent accident victim, hospital patient), additional caution and statutory limits (e.g., Bus. & Prof. Code § 6152 prohibitions on "runners and cappers") have been considered

Part 5. CRPC 7.4 — Fields of Practice and Specialization Claims

☐ Statements that the lawyer practices in, concentrates in, or limits practice to particular fields are factually accurate
☐ No statement claims the lawyer is a "certified specialist" in any field of law, UNLESS:
☐ The lawyer has been certified as a specialist by the California State Bar Board of Legal Specialization or by an organization accredited by the State Bar, AND
☐ The communication clearly identifies the certifying organization and the field of certification
☐ Use of the State Bar of California Legal Specialist logo or seal complies with State Bar policies and is limited to certified specialists in good standing
☐ "Expert," "expertise," "specialist," or "specializing in" language is used only where supported by the lawyer's experience and (where required) certification, and where it will not create an unjustified expectation

Part 6. CRPC 7.5 — Firm Names and Trade Names

☐ The firm name does not falsely imply a connection with a government agency, public or charitable legal services organization, or a lawyer or firm not associated with the firm
☐ Any trade name used is not misleading and does not state or imply a connection with a government agency or charitable organization
☐ If the firm has offices in more than one jurisdiction, jurisdictional limitations on the practice of each listed lawyer are identified
☐ The name of a lawyer holding public office is not used in the firm name or in firm communications during any substantial period in which the lawyer is not actively and regularly practicing with the firm
☐ Lawyers are not held out as practicing in a partnership or other organization unless they are in fact associated in such a relationship

Part 7. Cal. Bus. & Prof. Code §§ 6157–6157.2 — Statutory Disclosure Requirements

The advertisement complies with the following statutory requirements:

☐ The advertisement is not false, misleading, or deceptive (§ 6157.1)
☐ The message as a whole can be factually substantiated (§ 6158)
☐ The advertisement does not contain any guarantee or warranty regarding the outcome of a legal matter (§ 6157.2(a))
☐ Any statements about the lawyer's quality of services that are not objectively verifiable are accompanied by a clear disclaimer that the statement is the lawyer's opinion and not a fact (§ 6157.2(b))
☐ Any impersonation of a judge, juror, witness, attorney, or client, or any dramatization of events, is disclosed as such in the advertisement (§ 6157.2(c))
☐ Any spokesperson (including a celebrity spokesperson) is disclosed by title, and any non-attorney spokesperson is not identified as an attorney
☐ Any statement that the lawyer offers representation on a contingent basis also advises whether the client will be held responsible for any costs advanced by the lawyer when no recovery is obtained (§ 6157.2(d))
☐ The advertisement discloses the city, town, or county of at least one bona fide office location of the lawyer or law firm, or the address of record listed with the State Bar
☐ The advertisement does not include statements of the lawyer's past success or settlements/verdicts without an accompanying disclaimer regarding individual case results

Part 8. Cal. Bus. & Prof. Code § 6158 / § 6158.1 — Electronic Media (TV, Radio, Streaming) Advertising

Complete this Part only if the advertisement is disseminated by television, radio, streaming audio/video, or other electronic media.

☐ The message as a whole is not false, misleading, or deceptive, and is factually substantiated
☐ The advertisement does not trigger any of the § 6158.1 presumptions of falsity, including:
☐ A portrayal of a client by a non-client without a disclaimer
☐ The use of impersonations of judges, jurors, witnesses, attorneys, or clients without disclaimer
☐ A spokesperson who is not identified as such, or whose status (attorney vs. non-attorney) is not disclosed
☐ A dramatization without a disclaimer
☐ Required disclosures appear clearly and conspicuously (audibly for radio; both visually and audibly for television and video) for a duration sufficient to be perceived by a reasonable viewer
☐ The advertisement clearly identifies the responsible lawyer or law firm and an office location (city, town, or county, or address of record)
☐ A recording or copy of the advertisement, the script, and a log of broadcast dates/times will be retained for 2 years after the last broadcast (CRPC 7.2(c); Bus. & Prof. Code § 6159.1 record retention)

Part 9. Digital, Social Media, and Website-Specific Items

☐ The firm's website identifies at least one responsible lawyer by name and includes the firm's office address (or the State Bar address of record)
☐ Each practice-area page is reviewed for accuracy of legal content and the absence of unjustified expectations
☐ Attorney biographies accurately reflect bar admissions, jurisdictional limitations, and any disciplinary history that is material to the advertisement
☐ The website includes an "Attorney Advertising" notice or equivalent disclaimer
☐ The website includes a "No Attorney-Client Relationship" disclaimer for visitor inquiries and contact forms
☐ The website includes a privacy policy that addresses how visitor information (including chat transcripts) is handled
☐ Social media posts that constitute advertising comply with all the same Rule 7.1–7.5 and §§ 6157–6158 requirements (including disclaimers and identification of the responsible lawyer)
☐ Paid search and display ads, including Google/Bing keyword ads, identify the responsible lawyer/firm
☐ The firm does not purchase the names of other lawyers as keyword triggers in a manner that is false or misleading (compare with the State Bar Standing Committee on Professional Responsibility and Conduct guidance)

Part 10. Generative AI, Chatbots, and Automated Client-Facing Tools

☐ Any AI chatbot or automated assistant that engages members of the public is clearly disclosed as non-attorney ("You are chatting with an automated assistant, not an attorney.")
☐ The chatbot does not provide legal advice and explicitly disclaims that no attorney-client relationship is formed by the interaction
☐ The chatbot is configured to avoid real-time solicitation of specific prospective clients in a manner that would violate CRPC 7.3
☐ Any generative AI used to draft advertising copy is reviewed by a responsible attorney for accuracy, factual substantiation, and compliance with CRPC 7.1
☐ AI-generated images or video of people who could be mistaken for clients, attorneys, or judges include a disclaimer that the image is AI-generated or a dramatization (consistent with § 6157.2(c))
☐ The firm has documented its AI usage and supervision policy, including human review of outputs, in accordance with the State Bar's Practical Guidance on Generative AI
☐ The firm's client confidentiality and data-handling practices for the AI tool have been reviewed (CRPC 1.6, 1.1)

Part 11. Required Disclosure Language (Insert into Advertisement)

Insert the following or substantively equivalent language as applicable to the medium:

Attorney Advertising Notice:

"This is an attorney advertisement. [Firm name] is a law firm and the information contained on this [website/communication] is for general informational purposes only. Nothing on this [website/communication] is intended to create an attorney-client relationship, and no attorney-client relationship is formed unless and until you have entered into a written agreement for representation with [firm name]. Prior results do not guarantee a similar outcome."

Contingency-Fee Disclosure (where applicable):

"If we represent you on a contingency basis, you will not owe attorney's fees unless we obtain a recovery on your behalf. [☐ You will / ☐ You will not] be responsible for advanced costs and expenses if no recovery is obtained."

Dramatization / Impersonation Disclosure (where applicable):

"Dramatization. Scenes depicted are simulated for illustrative purposes and do not represent actual clients or events. Persons appearing are actors and not clients of the firm."

Spokesperson Disclosure (where applicable):

"[Name] is a [paid spokesperson / celebrity spokesperson] and is [not / is] an attorney with [firm name]."

Certified Specialist Disclosure (only if true):

"[Attorney name] is certified as a Specialist in [field of law] by the State Bar of California Board of Legal Specialization."

Chatbot / AI Disclosure (where applicable):

"You are interacting with an automated assistant. This assistant is not an attorney, does not provide legal advice, and your communication with it does not create an attorney-client relationship with [firm name]."

Responsible Attorney Identification:

"Responsible attorney: [________________________________], State Bar No. [____________], [Office address: ________________________________]."

Part 12. Record Retention and Reviewer Certification

☐ A copy of the advertisement (in its final form, in each medium where used) has been saved to the firm's advertising archive
☐ A record of dates and venues of dissemination has been logged
☐ The advertisement will be retained for at least 2 years from the last date of dissemination (CRPC 7.2(c))

I have reviewed the above advertisement for compliance with California Rules of Professional Conduct 7.1–7.5, California Business and Professions Code §§ 6157–6159, the State Bar of California's Practical Guidance for the Use of Generative AI in the Practice of Law, and current State Bar guidance, and certify the following:

☐ All applicable items are checked, OR
☐ Deficiencies have been identified and a remediation plan is documented below

Deficiencies / Remediation Notes:

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

Reviewer Signature: ________________________________ Date: [__/__/____]

Reviewer Printed Name and State Bar No.: [________________________________]

Sources and References

• California Rules of Professional Conduct, Chapter 7 — Information About Legal Services
• California Rules of Professional Conduct (full text, as amended)
• Cal. Bus. & Prof. Code § 6157 (advertising — definitions)
• Cal. Bus. & Prof. Code § 6157.2 (required disclosures and prohibitions)
• Cal. Bus. & Prof. Code § 6158 (electronic media advertising)
• State Bar of California — Legal Specialization Rules and Standards
• State Bar of California — Practical Guidance for the Use of Generative AI in the Practice of Law (Nov. 16, 2023)
• State Bar of California — Ethics & Technology Resources