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HARTFORDBUSINESS.COM | MARCH 4, 2024 17 spend the most money, who can get the most billboards up, who can shout their name the loudest." Cavoli said many attorney adver- tisements are based on name recog- nition rather than points of difference with value propositions because law firms tend to have "remarkable parity, meaning they're mostly the same, at least from the consumers' point of view." "The consumer has no real way of choosing and discerning who's better," he said. "So, a lot of the consumers' choice is just based on name recognition, and in some cases, face recognition." It wasn't always this way. Attorneys were prohibited from advertising in any format until a 1977 U.S. Supreme Court ruling that overturned state laws banning attorney advertising. But in Connecticut, attorneys were barred from advertising on TV until a Jan. 3, 1984 decision by the state Supreme Court in Grievance Committee vs. Trantolo. In 1980, the co-founder of Hart- ford-based law firm Trantolo & Trantolo, Vincent Trantolo, broke the TV advertising barrier, knowing it would land him in trouble with judicial overseers. "He was a pioneer," said Scott Trantolo, CEO of Trantolo & Tran- tolo, and Vincent's son. "He was a leader in marketing, and it was something that he believed in so much so that he was willing to put his license and his livelihood on the line to fight for what he believed was his right: the opportunity to market to people to let them know that he could provide them legal services and for a reasonable cost." The elder Trantolo ran multiple TV ads, including one that showed a couple splitting their assets during a divorce. They used a chainsaw to cut a table in half. "Then they both turn to the dog, and look at the dog like, 'Should we cut the dog in half?'" Scott Trantolo said. "That's hilarious." Sure enough, the ads caught the attention of the Statewide Grievance Committee, which oversees attorney ethics complaints, and Vincent Tran- tolo received a reprimand. He appealed to the state Supreme Court. Eventually, the decision was overturned, with Chief Justice John Speziale concluding that the state's advertising ban was "repugnant to freedom of speech." The case set a precedent that cleared the way for attorneys to advertise on TV in Connecticut. Trantolo & Trantolo is known for prolific advertising. Not only does the firm run ads on TV and billboards, it recently increased its online adver- tising, including pay-per-click ads and geofencing, which allows it to reach a geographically-targeted market, Scott Trantolo said. Trantolo & Trantolo, which recently celebrated its 85th anniversary, now focuses solely on personal injury law. It has five offices in Connecticut, and recently opened two in Long Island, New York. Anti-advertising views Attorney advertising has its detrac- tors. Some lawyers believe that advertising undermines the dignity of their work, while others say it overwhelms the court system with frivolous cases. A report from the American Tort Reform Association released in February said that trial lawyer adver- tising between 2017 and 2021 totaled $6.8 billion, including more than 77 million national and local ads. The number of ads aired by law firms across local and cable television, radio and billboards increased more than 30% since 2017, according to the report. The advocacy group blamed trial (From left) Scott, Vincent and Keith Trantolo of Hartford-based law firm Trantolo & Trantolo. PHOTO | CONTRIBUTED Lawyer advertising rules 'have been throttled back' By Andrew Larson alarson@hartfordbusiness.com C onnecticut's Rules of Professional Conduct for attorneys require attorney advertisements, in all formats, to be submitted to the state's bar counsel either prior to, or concurrently with, publication. The submissions are reviewed at random for compliance with the Rules of Professional Conduct, which, among other things, forbid an attorney from misrepresenting their services. Most of the matters that result in grievance decisions today do not involve TV advertisements, a spokesperson for the state Judicial Branch said. Mark Dubois, the state's chief disciplinary counsel from 2003 to 2011, said complaints about attorney adver- tising these days are rare. "The advertising rules have been throttled back," he said. "Pretty much everything is OK, as long as it's not false or misleading. The whole enterprise is different as we approach the 50-year mark for lawyer advertising." Dubois, who prosecuted more than 1,000 grievance cases, now works as an attorney for Geraghty & Bonnano in New London. He said there has long been discussion in legal circles about whether the practice of law is a profession or a business. "With the internet, it seems there are few boundaries left," Dubois said. "Some argue we've cheapened the profession. Others say we've democratized access to justice." Mark Dubois attorney groups for "inundating consumers with deceptive ads," particularly in large class action lawsuits against drug companies. Scott Trantolo said some people still view attorney advertising as a "faux pas" that contributes to an overly litigious society. But he sees the legal system as self-policing because personal injury attorneys won't take cases they don't think they can win. "Remember, we're plaintiffs, we work on a contingency fee," Scott Trantolo said. "So, we're like a bank, we invest in our clients' claims, right? Why would a bank invest in some- thing they thought was a bad invest- ment? They wouldn't." Eric Cavoli Scott Trantolo said his father was motivated by a desire to serve an underserved population that lacked access to legal resources. "The rich obviously could afford to spend money to defend them- selves or to file suit or file a claim against somebody," he said. "It was really the middle class that was unrepresented." Wide appeal Goff similarly seeks to reach a wide audience, including populations who might not realize they can hire a personal injury attorney on a contin- gency basis without having to pay a fee. "I have an 11-year-old son, and they talk about my billboards in his class," Goff said. "I'm reaching audi- ences that are 9 years old, and I'm reaching audiences that are 79 years old, and you know, that is my goal. I don't limit myself to any age range because, honestly, accidents don't have age requirements, right?" Trantolo & Trantolo has conducted focus group research that found that younger generations are more accepting of attorney advertising, Scott Trantolo said. He said that competition between firms is stiffer than ever, which continues the need for advertising to stay top-of-mind. "(The competition) is constantly coming in, nipping at our heels, and we've got to stay on top of it," Scott Trantolo said. "We're in the process of moving to our next generation of marketing. We're really excited about reinventing our image or brand, and everything is constantly being massaged and changed."