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 reviewAppealing interlocutory issuesDrafting and filing the notice of appeal and assembly of the recordLearning the importance of the Record AppendixPreparing a brief, including using authorities, drafting techniques and considerations, correct formatting, and effective use of styleWriting a persuasive brief, including the perspective of an appellant versus an appelleeThe 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.Table of ContentsPrefaceA Note About SourcesIntroductionChapter 1: The Decision to AppealChapter 2: Ethical ConsiderationsChapter 3: Interlocutory Relief: What, How, and When to Challenge Orders Prior to Final JudgmentChapter 4: Creating, Protecting, and Reviewing the RecordChapter 5: Understanding Standards of Appellate ReviewChapter 6: Effective Use of Post-Trial RemediesChapter 7: The Notice of Appeal: Form, Contents, and TimeChapter 8: How to Assemble the Record, Correct Errors, Protect Confidential Information, and Docket the AppealChapter 9: The Importance of the Record AppendixChapter 10: Preparing to Write the Brief: Outline, Theme, Style, Using Authorities, Effective Techniques, and Drafting ConsiderationsChapter 11: How to Correctly Format, File Timely, and Avoid Rejection of Your BriefChapter 12: The Universal Elements of a Brief and Writing with Persuasive StyleChapter 13: Some Brief Considerations When You Represent the AppelleeChapter 14: The Purpose of the Reply Brief: How? When? Why? And Ten CommandmentsChapter 15: Oral Argument: What to ExpectChapter 16: The Importance, Advantages, and Objectives of Oral ArgumentChapter 17: Preparing for Oral ArgumentChapter 18: Presenting at Oral ArgumentChapter 19: How to Handle Questions, Common Occurrences, and Appellate Panels at Oral ArgumentChapter 20: Aftermath: The Appellate DecisionTable of Location for Appellate Court Information by StatePractice PointersFundamental Rules for Confidential InformationCommandments for Reply BriefsObjectives of Oral ArgumentThe Appellate Checklist for Your Family Law Appeal