The Family Law Guide to 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.

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.

Moving forward with an appeal, author Matthew Barach provides clearly presented practical information on handling the 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 brief

Finally, the book 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 both on 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."

Table of Contents
Preface
A Note About Sources
Introduction
Chapter 1: The Decision to Appeal
Chapter 2: Ethical Considerations
Chapter 3: Interlocutory Relief: What, How, and When to Challenge Orders Prior to Final Judgment
Chapter 4: Creating, Protecting, and Reviewing the Record
Chapter 5: Understanding Standards of Appellate Review
Chapter 6: Effective Use of Post-Trial Remedies
Chapter 7: The Notice of Appeal: Form, Contents, and Time
Chapter 8: How to Assemble the Record, Correct Errors, Protect Confidential Information, and Docket the Appeal
Chapter 9: The Importance of the Record Appendix
Chapter 10: Preparing to Write the Brief: Outline, Theme, Style, Using Authorities, Effective Techniques, and Drafting Considerations
Chapter 11: How to Correctly Format, File Timely, and Avoid Rejection of Your Brief
Chapter 12: The Universal Elements of a Brief and Writing with Persuasive Style
Chapter 13: Some "Brief" Considerations When You Represent the Appellee
Chapter 14: The Purpose of the Reply Brief: How? When? Why? And Ten Commandments
Chapter 15: Oral Argument: What to Expect
Chapter 16: The Importance, Advantages, and Objectives of Oral Argument
Chapter 17: Preparing for Oral Argument
Chapter 18: Presenting at Oral Argument
Chapter 19: How to Handle Questions, Common Occurrences, and Appellate Panels at Oral Argument
Chapter 20: Aftermath: The Appellate Decision
Table of Location for Appellate Court Information by State
Practice Pointers
Fundamental Rules for Confidential Information
Commandments for Reply Briefs
Objectives of Oral Argument
The Appellate Checklist for Your Family Law Appeal

Matthew P. Barach is a family law trial attorney and appellate family law specialist in Massachusetts. He is the founder and principal of Barach Family Law Group, LLC, a law firm devoted to excellence in family law.

He is a Phi Beta Kappa graduate of Clark University and the recipient of the H. Donaldson Jordan Prize (1992) for excellence in writing. He is a graduate of the University of California, Hastings College of the Law.

He appears regularly before the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court, and the First Circuit of Appeals. He was on the winning side and responsible for two of the most important landmark family law cases case in the Commonwealth pertaining to alimony and child custody.

He is responsible for a number of articles in family law. Among them are “A Mistrial in the Probate Court” in Massachusetts Family Law Journal (2016) and “The Importance of Exigent Circumstances Supporting Temporary Orders in Modification Actions in the Probate Court,” in Massachusetts Family Law Journal (2016).

He regularly is granted the highest Avvo.com distinction and has been rated as a top 10 family law attorney in Massachusetts and a top 100 Lawyer in America by various rating organizations. He is considered by many attorneys “the fixer” in family law in the Commonwealth.

He is an avid golfer who lives with his children and wife in the suburbs of Boston. He hopes to someday appear before the U.S. Supreme Court in a family law appeal.