The Family Law Guide to Appellate Practice
Published by the American Bar Association
Family law matters are intimate, personal and touch upon people's most private treasures and issues. This perspective directly affects all aspects of domestic relations, including appellate practice. Serving as a practical guide on whether to appeal a family court decision, and then how to proceed with the appeal, this is a valuable resource for both the newer and more seasoned family lawyer, and it fills a void in the literature by focusing on the unique issues involved in appealing a family law case.
Serving as a practical guide on whether to appeal a family court decision, and then how to proceed with the appeal, this is a valuable resource for both the newer and more seasoned family lawyer, and it fills a void in the literature by focusing on the unique issues involved in appealing a family law case.
With step-by-step guidance for the family law attorney, or a pro se litigant, who receives an adverse decision and wants to appeal the matter but requires some proper guidance, the book begins by focusing on the crucial decision, to appeal and the critical factors involved, including ethical considerations. It also examines the effective use of post-trial remedies, such as utilizing stays of judgments pending appeals, and creating, protecting, and reviewing the record of the trial court.
Author Matthew Barach provides clearly presented practical information on handling the appeal process, including:
The appellate standards of review
Appealing interlocutory issues
Drafting and filing the notice of appeal and assembly of the record
Learning the importance of the Record Appendix
Preparing a brief, including using authorities, drafting techniques and considerations, correct formatting, and effective use of style
Writing a persuasive brief, including the perspective of an appellant versus an appellee
The reply briefs
The guide also focuses on the expectations and importance of an oral argument in an appellate case, including preparing, presenting, and handling panel questions of the various types of jurists and end with the aftermath of an appellate decision.
As demonstrated throughout this book, the family lawyer must consider the potential result and costs on both the individual lives and on the precedent a matter could set upon future litigants, including your own. As an old sage once advised, "There is an equal chance of creating bad law as good law when you appeal."
Considered by many as “the fixer” in Massachusetts family law, Matthew P. Barach is an esteemed family law trial and appellate attorney. He is the Founder and Principal of Barach Law Group LLC, a boutique law firm dedicated to excellence in family law.
With over 20 years of family law experience, Matt regularly appears before Middlesex, Norfolk, Worcester, Suffolk and Essex County Family Law Courts. He also appears before the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court and the First Circuit of Appeals.
His prestigious career includes winning two landmark family law cases in the Commonwealth pertaining to the New Alimony Reform Act and child custody - removal of a minor child from the Commonwealth (George v George and Miller v Miller).
As the author of the legal guide, “The Family Law Guide to Appellate Practice,” published by the American Bar Association, Matt shares his family law appellate expertise with other lawyers to help them navigate this highly specialized and complex area of law.
Matt has been ranked as a Top 10 Family Law Attorney in Massachusetts by the American Jurist Institute, and as a Top 100 Lawyer in America by the American Society of Legal Advocates. He is also regularly granted the highest distinction on Avvo.com. His articles have appeared in the Massachusetts Family Law Journal.
A Phi Beta Kappa graduate of Clark University, Matt received the H. Donaldson Jordan Prize (1992) for excellence in writing and earned his J.D. from the University of California, Hastings College of the Law.
Matt is an avid golfer who enjoys spending time with his wife and children at their Boston suburb home. His goal for the future? To appear before the United States Supreme Court in a family law appeal.
"Unique Issues Involved In Deciding To Appeal A Family Law Case"
"Attorney and Author Matthew P. Barach Discusses Family Law Appellate Process at Senior Partners for Justice - West Luncheon"
"Attorney and Author Matthew P. Barach Discusses Complex Family Law Appellate Process at ABA Webinar"