Carlos Garcia | Surrey Divorce & Family Lawyer

• Member | American Bar Association
• Member | Canadian Bar Association
• Member | American Immigration Lawyers Association

• Michael E. Moran PrizeUniversity of British Columbia. Awarded to student securing highest mark in criminal law for entire first-year class.
  1989

First and foremost, clients need to be assured that their lawyer has the necessary experience and knowledge of the subject matter that is at the heart of the client's legal issue. This means knowing the underlying substantive law, and the procedural and practical realities of actually getting a resolution. There are plenty of lawyers who claim to be experts in almost every area of law but in this day and age on increasing specialization, these claims are suspect. The other most important thing to look for is judgement, which is as much what lawyers bring to the table as their legal knowledge. This can be difficult to assess in an initial consultation but clients should try and get a sense of how their lawyer will actually apply their experience and knowledge in a way that makes sense.

In the Family Law area, local knowledge is essential. By "local knowledge", I am referring to the important of knowing both the most appropriate court forum to resolve the issues, and the tendencies of the individual judges who sit on these courts and render decisions. For many family law issues, the client may have an option as to two different courts (Provincial Court vs. Supreme Court) and the processes and practices are entirely different which can have a dramatic effect on outcomes and costs. Another aspect of "local knowledge" in the family law area is the British Columbia Family Law Act, which is a relatively new piece of legislation. While all lawyers are aware of it, some are not entirely up to spend on important case law that has applied the new Act, and are still in the mindset of the predecessor legislation. In the Immigration area (where I also practice), the law is almost exclusively federal in nature, and many decisions are made by regional offices or embassies abroad that are entirely de-localized, such that "local" knowledge is rarely in play.

Free telephone consultations are by their nature somewhat limited. Those that I provide for free are only ½ hour in length, and only in respect of family law matters. This usually means that I can provide advice as to the essential legal framework and some practical tips as to how the client might move their matter forward. I may also be able to provide some case law references if the issue is one that commonly arises and where a particular court decision clearly governs the situation. In addition to free consultations on family law matters, I also provide family law consultations at a reduced rate of $100 (plus tax) for a full hour. This additional time will allow me usually to provide some more specific, concrete advice to a client. For example, in the family law context, I could run some calculations for spousal support based on the Advisory Guidelines that apply in Canada and that are used by our courts and give the client a sense of the actual dollar amounts.

It is essential for the client to have a quick and ready synopsis of: 1) the underlying facts of the relationship history and issues in contention with the spouse; and 2) any court or other dispute resolution history between the parties, including any orders or agreements that have been made. If the client does not have this prepared, much of the ½ hour will be consumed by me trying to get a handle on these essential facts, leaving little time to provide any guidance/advice.

In the Immigration Law area, I bring several qualities and experiences that other local lawyers may not have: 1) I am fluent in Spanish; 2) I have experience working with foreign consulates and living abroad in countries where many citizens would like to move to Canada; and 3) I am a member of US Bar (California) which allows me to also provide some US immigration services. As for what differentiates me from many of the local family law lawyers, I point to my dispute resolution experience outside of family law, which makes me a better family law lawyer. Unfortunately, because of the nature of the practice and some of the practitioners themselves, many family law lawyers succumb to sloppiness in how they practice and forget basic legal principles that sometimes fall by the wayside in this area. While they can often get away with this approach, in the more difficult cases that end up going to trial, it is essential to understand and adhere to core litigation principles and practices.