Today's Law As Amended

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AB-1954 Legal advertising: class actions.(2011-2012)



SECTION 1.

 Section 6157.6 is added to the Business and Professions Code, to read:

6157.6.
 (a) An advertisement soliciting plaintiffs for a class action shall, in addition to meeting any other requirements imposed by this article, include a disclosure stating that a plaintiff in a class action may be financially liable for the attorney’s fees of the defendant where the defendant is the prevailing party.
(b) The State Bar shall impose a civil penalty of two thousand dollars ($2,000) for a violation of this section by a member, with penalty revenues to be deposited in the treasury of the State Bar.

SEC. 2.

 Section 6158.3 of the Business and Professions Code is amended to read:

6158.3.
 In addition to any disclosure required by Section Sections  6157.2, Section  6157.3, and 6157.6, and  the Rules of Professional Conduct, the following disclosure shall appear in advertising by electronic media. Use of the following disclosure alone may not rebut any presumption created in Section 6158.1. If an advertisement in the electronic media conveys a message portraying a result in a particular case or cases, the advertisement must state, in either an oral or printed communication, either of the following disclosures: The advertisement must adequately disclose the factual and legal circumstances that justify the result portrayed in the message, including the basis for liability and the nature of injury or damage sustained, or the advertisement must state that the result portrayed in the advertisement was dependent on the facts of that case, and that the results will differ if based on different facts.