Attorneys: unlawful solicitations and advertisements.

Senator Umberg's attorney advertising legislation expands civil enforcement options and tightens regulations on legal service marketing in California. The bill redefines attorney advertisements to include all written, recorded, or electronic communications encouraging individuals to secure legal services, while establishing new prohibitions on misleading claims about lawyers' skills and experience.

The legislation creates a private right of action allowing individuals to seek statutory damages between $5,000 and $100,000 per violation, along with attorney's fees and injunctive relief. Courts must consider factors like the nature of misconduct, number of violations, and defendant's financial status when determining damages. The bill requires advertisements to prominently display the name of at least one California-licensed attorney or law firm and a bona fide office location.

Under the new framework, the State Bar must evaluate advertising complaints within 21 days through review by attorneys with expertise in legal marketing regulations. Advertisers have 72 hours to withdraw electronic broadcasts after a State Bar determination of substantial evidence of a violation, while other media must be withdrawn within 30 days. The bill institutes controls on vexatious litigation by requiring individuals who file five or more unfounded complaints within seven years to post a $25,000 security before filing additional complaints.

The legislation maintains existing prohibitions on guarantees of legal outcomes and impersonation in advertisements while adding restrictions on references to awards or recognition from organizations. Monetary penalties collected through enforcement actions will fund the State Bar's Client Security Fund. The changes preserve advertisers' ability to seek declaratory relief through the courts regarding the legality of specific advertisements.