Former trial prosecutor turned defense lawyer named top 100 in 2014
Published in the July 23 – August 5, 2014 issue of Morgan Hill Life
By Staff Report
Guerin Provini
Guerin Provini made his way from Pittsburgh, where he grew up, to California courtesy of the U.S. Air Force, having graduated from the U.S. Air Force Academy in Colorado, after which he was assigned to the Space and Missile Systems Organization. While working for the Air Force at Lockheed, he began attending Santa Clara Law School from which he graduated magna cum laude in 1973.
Provini accepted a job at the Santa Clara County District Attorney’s Office where he worked as a trial prosecutor for more than four years. He set up his own private law practice in 1978, handling civil, personal injury, family, juvenile and criminal cases, with a sub-specialty in juvenile law. In 1994, he was certified as a criminal law specialist by the California State Bar. Since then, Provini has limited his practice to adult criminal and juvenile law cases. He was selected as a top 100 trial lawyer by the National Trial Lawyers for 2014, which requires nomination by other top trial lawyers.
Morgan Hill Life asked the lawyer about his practice and his passion for law.
What would you consider your specialty in law?
I consider my specialty to be criminal defense work, with a special interest in juvenile law. I have handled high profile homicide cases, including murder and death penalty cases, as well as high profile white collar cases.
In my view, there is no area of the law that addresses the human condition, or that implicates the principles set forth in our constitution, than criminal law. It is very interesting, and certainly never boring.
If someone needed a criminal defense attorney, how would you recommend one go about selecting the right lawyer?
If you need a good lawyer, referrals from other professionals is always best. Check the California State Bar list of certified specialists for a specialist in your geographical area.
Also, contact the County Bar Lawyer Referral Service for a lawyer who handles your type of case. Internet searches are a good starting point, but be cautious, because average or mediocre lawyers can purchase impressive web sites. If you need a criminal lawyer, ask for a referral from your civil lawyer. When you meet with a lawyer, make sure you ask about the number and type of cases handled by the lawyer.
Why did you leave the district attorney’s office and become a defense lawyer?
I worked for the Santa Clara county District Attorney’s Office from December, 1973 through February, 1978. I handled criminal cases in every courthouse in the county, and also handled both juvenile dependency and delinquency cases. I left the DA’s office primarily to fulfill a dream of being my own boss, and for the greater variety of legal work available to me involving many more people, places, and legal issues than I would have dealt with as a prosecutor. As a private lawyer, I have been able to handle cases in both state and federal court in many counties and districts in California, and, in some instances, in other states.
Does being a former prosecutor help as a defense lawyer, and if so how?
Being a former prosecutor helps immensely with my work as a criminal defense lawyer. It helps you know from first-hand experience where the prosecutor is coming from, and what he needs, and how to best negotiate and deal with the prosecutor to get the best result for your client. It also provides a common background of experience with the prosecutor that fosters trust. This not only helps from a public relations perspective, but helps in litigation when you have to go to trial and fight the case.
