Alphonse F. Provinziano and the Credibility of Attorneys

Attorney Anthony Provinziano seems to think he is a “top lawyer.” He boasts on his website that:

Attorney Alphonse F. Provinziano “top lawyer???????”

We are a boutique law firm of top lawyers and legal professionals dedicated to giving our clients excellent service and aggressive advocacy. The Provinziano Legal Team is client focused giving each client customized, individual attention, specifically tailored to his or her unique matter.

Here are the lawyers listed on his letterhead as his associates and their dates of admittance to the State Bar:

Wow! These attorneys must be the TOPPEST! Like, how do you become a “top” lawyer in less than less than three (3) years?

Provinziano boasts that he is a former San Bernardino County Deputy District Attorney…..well, yeah, for all of two (2) years, 2005-2007. Who on Earth becomes a D.D.A. for two years? Somebody who can’t cut it in the department, that’s who. Maybe his leaving in 2007 had something to do with his own disastrous marriage….

In Case No. FAMVS802576 (filed in 2008) of the San Bernardino Superior Court, Provinziano sought a domestic violence restraining order (with children involved) against his spouse, amongst other things. There are of course two-sides told in court to every domestic violence story especially when it’s the male accusing the female. I’m waiting with baited breath to see the court documents on this case and will add the details when I obtain them. Also consider that by the time you wind up in divorce court, your marital problems have been building perhaps for years: were Provinziano’s marital difficulties building up while he was a Deputy D.A.? Was he let go or told to leave because they were affecting his work? Inquiring minds want to know.

Then there was his Chapter 7 Bankruptcy filing in 2012. What was that all about?

Bottom line, does this sound like the record of a “top lawyer” to you?

Section 6128(a) Business & Professions Code states:

“Every attorney is guilty of a misdemeanor who either: (a) Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party.”

Section 6068(d) says:

“It is the duty of an attorney to do all of the following: (d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.”

Rule 5-200 of the Rules of Professional Conduct says:

In presenting a matter to a tribunal, a member:

(A) Shall employ, for the purpose of maintaining the causes confided to the member such means only as are consistent with truth;

(B) Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law;

(C) Shall not intentionally misquote to a tribunal the language of a book, statute, or decision;

(D) Shall not, knowing its invalidity, cite as authority a decision that has been overruled or a statute that has been repealed or declared unconstitutional; and

(E) Shall not assert personal knowledge of the facts at issue, except when testifying as a witness.

Then of course there’s the State Bar Rule of Professional Conduct on advertising, Rule 1-400(D) which states in pertinent part:

A communication or a solicitation (as defined herein) shall not:

(1) Contain any untrue statement; or

(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or

(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public;

Any of this sound relevant?

Now, this lawyer has been accusing a woman against whom he is litigating, to not be credible to the judge. Does that sound like the pot calling the kettle black?

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