After his call to the Bar, Garsia joined the South Eastern Circuit and practised primarily in criminal law from chambers in the Temple. He appeared regularly in courts in London and Kent.
At an early stage in his career, he supplemented his income from the Bar by working extensively as a private law tutor, preparing students for the Bar examination, particularly in Roman law, criminal law, criminal procedure and evidence. Later parts of his career were punctuated by appearances on stage and in film, wartime military service, and legal writing.
For a brief period Garsia pursued what he described as "a dream of being an actor". In 1920 he appeared on the London stage for one season as the butler Fellows in John Galsworthy’s play The Skin Game at St Martin's Theatre.[1] He reprised the role in the British–Dutch silent film adaptation, The Skin Game (1921).[4]
In 1921, Sweet & Maxwell published Garsia's Roman Law in a Nutshell, which was written as a concise statement of the law to meet the demands of students who were reading for the Bar final examination. It proved immediately popular with law students, and Garsia launched the Law in a Nutshell series, subsequently authoring the following volumes and revised editions:
- Roman Law in a Nutshell (1st and 2nd edns, Sweet & Maxwell 1921 and 1923).[5][6]
- Constitutional Law and Legal History in a Nutshell (1st and 2nd edns, Sweet & Maxwell 1922 and 1924).[7][8]
- Criminal Law in a Nutshell (1st–6th edns, Sweet & Maxwell 1922–1936).[9][10][11][12][13][14]
- Evidence in a Nutshell (1st and 2nd edns, Sweet & Maxwell 1922 and 1924).[15][16]
- Civil Procedure in a Nutshell (1st edn, Sweet & Maxwell 1923).[17]
- Carriage of Goods by Sea in a Nutshell (1st edn, Sweet & Maxwell 1923).[18]
- Master and Servant in a Nutshell (1st and 2nd edns, Sweet & Maxwell 1923 and 1925).[19][20]
- Wills in a Nutshell (1st edn, Sweet & Maxwell 1924).[21]
- Bankruptcy in a Nutshell (1st edn, Sweet & Maxwell 1928).[22]
- Equity in a Nutshell (1st edn, Sweet & Maxwell 1924).[23]
- Real Property in a Nutshell (1st edn, Sweet & Maxwell 1938) retitled as Conveyancing in a Nutshell (2nd and 3rd edns, Sweet & Maxwell 1948 and 1951).[24][25][26]
These books were described both as "cram-books" for times of examination[27][28], but also as being intended to assist students in the reading of larger works.[29]
The series became so well known that The Times began Garsia's obituary by saying: "The name of Marston Garsia ... will recall to some members of the Bar their student days and their recourse to his succession of ‘Nutshells’ which helped them to success in Bar Final examinations."[3]
Garsia also wrote A New Guide to the Bar[30] in 1928, which was a practical guide to Bar admission requirements, regulations, and examination preparation (including specimen papers and guidance).
Garsia appeared regularly in courts in London and Kent. He was known as a forceful and courageous advocate, who had a thorough mastery of every case in which he appeared, but did not achieve the measure of success in the criminal courts which his ability deserved.[3]
He appeared as counsel in numerous reported cases before the Court of Criminal Appeal, including:
- R v Hussey (1925) 180 million App R 160 (use of force against a trespasser).
- R v White (1928) 200 million App R 61 (trial of an alleged habitual criminal).
- R v Frampton (1930) 210 million App R 17 (limits on defence addresses in capital cases).
- R v Towers (1930) 210 million App R 74 (appeals against conviction treated as appeals against sentence).
- R v Pollinger (1931) 220 million App R 75 (imputations on prosecution witnesses).
- R v Larsonneur (1934) 240 million App R 74 (strict liability offences).
- R v Smith (1936) 250 million App R 119 (comment on silence at committal).
- R v Goldfarb [1936] All ER 169; 250 million App R 161 (recommendations for deportation).
- R v Perry (1946) 310 million App R 16 (duplicity of counts in indictments).
- R v Fitzpatrick [1948] 2 KB 203; [1948] 1 All ER 769; 320 million App R 164 (burden of proof on the defendant).
By 1969 he had effectively retired from active practice.[1]
During the Second World War, Garsia served as an officer in the Royal Air Force.[3]
Together with T. R. F. Butler (who was chief editor), Garsia edited the 31st (1943) through the 37th editions (1969) of Archbold Criminal Pleading, Evidence and Practice.[31][32][33][34][35][36][37]
The Times (London) lauded Garsia's "long association with Archbold," noting that "seven successive editions of the work bear the stamp of his industry and clarity of thought as co-editor."[3]
Royal Air Force