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I hired this attorney in November 2009. Now in July 2011, I still cannot find any reason to give this man a good recommendation. Actually it is just the opposite. First, before I briefly explain my event, I must state a mandate that all attorneys must follow;
(a) subject to paragraph (c) and (d), a lawyer shall abide by a clientâ€™s decision concerning the objectives of the representation and, as required by rule 1.4, shall consult with the client as to the means by which they are to pursued. A lawyer may take action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a clientâ€™s decision whether to settle a matter....
Plain and simple: an attorney must follow the wishes of his client, as to his defense!
In September 2009, I was recreationally shooting in the National Forest with two friends within Boulder County. We were stopped by a Boulder County Deputy Sheriff and he stated that two female hikers experienced near hits from our bullets while hiking in the National Forest, they ran to safety and called 911. Boulder County has been attempting for years to close all shooting within the county, even in the national forest.
I pulled all 911 tapes and Google mapped the entire area to clearly show that the Sheriff Officerâ€™s charges were completely manifested and the 911 audio tapes show the women were not even in the area and one of them sounded drunk, but it gave the Sheriffâ€™s Department probable cause to investigate. I made an appointment with Mr. Garcia at his office.
I met Mr. Garcia at his office and I saw that his office had military medals hanging on the wall. I figured this was a good match since he had military experience and familiar with firearms and this was a firearms case. I mentioned his military experience and thanked him for his military service. Mr. Garcia silently sat there beaming with pride. Well come to find out, that wasnâ€™t Mr. Garciaâ€™s officeâ€¦he was borrowing it from someone else! He eagerly accepted my praise, and allowed me to believe that he had military and firearm experience, which misrepresented his background to me. If I would have known that sooner than later I would have dropped him immediately, what a disgraceful act to our brave military.
I told Mr. Garcia that I would not negotiate or accept any plea bargain with Boulder County. I told him multiple times that my intent was to seek civil damages against the women who falsely reported the event and Boulder County who manifested charges that were entirely false. There is no doubt that my intentions were clear and concise. After failing to show me or mention the only negotiated offer from Boulder County (which I would have rejected), Mr. Garcia convinced me that this deal that was equal to winning in court. He actually used the phrase, â€œequal to winning in court.â€ He said that I would have all legal rights to seek civil damages from all false reporting parties.
On March 30, 2010, Mr. Garcia submitted a letter to the Boulder County Courts in which he states, â€œPursuant to the plea bargain we discussedâ€¦â€, as previously mentioned I would not negotiate or accept any plea deal with Boulder County. I sought the services of a civil attorney to verify if I had any civil recourse again the women or Boulder County. He told me that since I accepted a negotiated settlement (through Garcia) I forfeited my rights to seek civil damage.
I could go on with what appeared to be an elaborate cover up from Mr. Garcia, but hereâ€™s the bottom lineâ€¦he accepted a deal that lost all of my rights to seek civil damages. To this date, he has never been able to explain to me why he prevented me from seeking these damages. I will be kind at this point and merely say that I do not recommen