SB 37: Attorneys: unlawful solicitations and advertisements.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law makes it unlawful for any person, firm, corporation, partnership, or association to act as a runner or capper for any attorneys or to solicit any business for any attorneys in and about certain locations, including prisons, jails, and county hospitals, or in any public place or upon private property, as specified. Existing law also makes it unlawful for a person to solicit another person to commit or join in the commission of a violation of that provision. Existing law defines “runner or capper” for these provisions to mean a person, firm, association, or corporation acting for consideration in any manner or in any capacity as an agent for an attorney or law firm in the solicitation or procurement of business for the attorney or law firm, as provided. Existing law prescribes a schedule of punishments for violating these provisions, including imprisonment and fines, as specified.

Existing law also prohibits an individual, partnership, corporation, association, or any other nongovernmental entity from operating for the direct or indirect purpose of referring potential clients to attorneys, and prohibits an attorney from accepting a referral of those potential clients, unless certain requirements are met. Existing law additionally prohibits a referral service from being owned or operated by those lawyers to whom more than 20% of referrals are made. Existing law makes an individual, partnership, association, corporation, or other entity that engages, has engaged, or proposes to engage in violations of these provisions liable for a civil penalty, as provided.

This bill would additionally authorize any person to bring a civil action for a violation of these provisions for statutory damages, as provided, attorney’s fees, injunctive relief, and any other relief the court deems proper. The bill would require the court, in assessing the amount of statutory damages, to consider all relevant circumstances presented by the case, including the nature and seriousness of the misconduct and the defendant’s assets, liabilities, and net worth.

(2)Existing law imposes various requirements on the ownership of a lawyer referral service. Existing law provides that certain provisions relating to these lawyer referral services requirements shall not be construed to prohibit attorneys from jointly advertising their services. Existing law states that permissible joint advertising, among other things, identifies by name the advertising attorneys or law firms whom the consumer of legal services may select and initiate contact with.

This bill would also provide that permissible joint advertising requires that each participating attorney or law firm execute a joint advertising agreement with the entity managing the joint advertising agreement with the entity managing the joint advertising services, under which the attorney or law firm expressly takes liability for the content of the advertising.

(3)Existing law prohibits an advertisement, as defined, made by an attorney or law firm from making various prohibited statements and requires the advertisement to include certain disclosures, as specified. Existing law defines “advertise” and “advertisement” for these provisions to mean any communication, as specified, that solicits employment of legal services provided by an attorney, agent of an attorney, or law firm, and is directed to the general public and is paid for by, or on the behalf of, an attorney.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 11, 2025Chaptered by Secretary of State. Chapter 645, Statutes of 2025.
2. October 11, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 2 p.m.
4. September 12, 2025Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2966.) Ordered to engrossing and enrolling.
5. September 12, 2025In Senate. Concurrence in Assembly amendments pending.
6. September 11, 2025Read third time. Passed. (Ayes 78. Noes 1. Page 3278.) Ordered to the Senate.
7. September 3, 2025Read second time. Ordered to third reading.
8. September 2, 2025Read second time and amended. Ordered to second reading.
9. August 29, 2025From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
10. July 16, 2025July 16 set for first hearing. Placed on APPR. suspense file.
11. July 9, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 8). Re-referred to Com. on APPR.
12. July 3, 2025From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.