If you're an attorney practicing in California, understanding the California attorney advertising rules is crucial to ensure compliance with the California Rules of Professional Conduct. These rules govern how attorneys advertise and market their services. This guide breaks down the key regulations—Rule 7.1 (communications), Rule 7.2 (advertising), and Rule 7.3 (solicitation of clients)—and explains how they apply to attorney marketing strategies.

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Key California Attorney Advertising Rules

Rule 7.1: Communications with Potential Clients

Rule 7.1 of the California Rules of Professional Conduct focuses on truthfulness in attorney communications. It explicitly prohibits false or misleading statements about an attorney or their services.

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What does this mean for attorney advertising?

• Attorneys cannot make false or misleading claims in any form of communication to clients, including websites, social media, and advertisements.
• A statement is considered misleading if it contains a material misrepresentation of fact or law or omits necessary information that makes the communication misleading as a whole.
• Testimonials, case results, or success rates must be truthful and not create unjustified expectations.

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What Is Considered a Communication?

Under the California Bar rules, a communication is any message that promotes an attorney’s availability for professional employment. 

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Rule 7.2: Advertising Regulations

Rule 7.2 permits attorneys to advertise their services, but with specific restrictions:

• Every advertisement must include the name and address of at least one responsible attorney.
• Advertisements must comply with Rule 7.1, ensuring that all statements are truthful and not misleading.
• The rule distinguishes between general advertising and compensated referrals, which are highly regulated under a different section of the California Rules of Professional Conduct.

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Rule 7.3: Solicitation of Clients

Rule 7.3 strictly regulates direct solicitation of clients, defining “solicitation” as targeted communication directed at a specific individual rather than advertising to the general public.

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Prohibited Solicitation Methods

Under Rule 7.3(a), attorneys cannot solicit clients via:

• In-person communication
• Live telephone calls
• Real-time electronic contact (e.g., live chat, instant messaging, social media DMs)

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Exceptions: 

Attorneys may directly solicit individuals in-person, over the phone, or via real-time electronic contract if they are:

1. Another lawyer
2. A family member, close personal friend, or former client

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Is Email Considered Real-Time Contact?

• Emails are allowed because they are not considered real-time electronic communication.
• Social media DMs, chat rooms, and instant messaging are prohibited as they fall under real-time electronic contact.
• This understanding aligns with legal opinions from multiple states, including Michigan (RI-276), West Virginia (Opinion 98-03), and Utah (Opinion 97-10).

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Additional Solicitation Restrictions (Rule 7.3b & 7.3c)

• Rule 7.3(b): Attorneys cannot solicit clients who have expressed a desire not to be contacted or use solicitation methods that involve coercion, duress, or harassment.
• Rule 7.3(c): Any written, recorded, or electronic solicitation targeted at individuals known to need legal services must include the word “Advertisement” at the beginning and end of the communication.
• Record-Keeping Requirement: Attorneys must retain copies of solicitation materials for at least two years.

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California Attorney Advertising Compliance Tips

To ensure compliance with California attorney advertising rules, attorneys should:

• Review all advertising content to ensure compliance with Rule 7.1 (truthfulness).
• Include the responsible attorney’s name and address in all advertisements (Rule 7.2).
• Avoid direct solicitation through prohibited channels (Rule 7.3a).
• Implement an opt-out system for potential clients who do not wish to receive solicitations (Rule 7.3b).
• Label direct solicitations to clients known to be in need of legal services as advertisements (Rule 7.3c).
• Maintain records of advertisements and solicitations for at least two years.

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How Kular Helps You Stay Compliant

• We’ve done our research.
• We’ll store records for over 2 years for no extra charge.
• We have implemented robust unsubscribe and opt-out systems.
• We facilitate attorneys adding their names and addresses to outreach.

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