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 practical handbook for the novice to family law appeals as well as a resource for the more seasoned family lawyer. 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. Matthew Barach, a veteran family lawyer with an extensive resume of family law appellate practice, provides clearly presented practical "nuts-and-bolts" information on handling the family law appeals 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 and writing a persuasive brief- The reply briefFinally, 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."