Attorneys: unlawful solicitations and advertisements.

Senator Umberg's attorney conduct reform legislation establishes new civil remedies for misleading legal advertisements and improper client solicitation in California. The bill allows individuals to pursue statutory damages ranging from $5,000 to $100,000 per violation, along with attorney's fees and injunctive relief, independent of any government enforcement actions.

The legislation revises the definition of legal advertising to encompass all written, recorded, or electronic communications that provide information about legal services, whether directed broadly or to specific audiences. Advertisements must prominently display the name of at least one California-licensed attorney or law firm and their office location. The bill prohibits unverified references to past results, predictions about case outcomes, and citations of awards from organizations that charge fees for recognition.

For improper client solicitation, including the use of runners or cappers to procure business, the bill maintains existing criminal penalties while adding the new civil action provisions. Courts must consider multiple factors when determining statutory damages, including the nature and persistence of violations, willfulness of misconduct, and the defendant's financial status. The legislation also applies these enforcement mechanisms to violations of attorney referral service regulations, which restrict ownership structures and impose operational requirements.