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    The Family Law Guide to Appellate Practice

    By Matthew P Barach

    The Family Law Guide to Appellate Practice

    The Family Law Guide to Appellate Practice

    By Matthew P Barach

    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.

    2019, 315 pages, eBook. PC 5130234EBK. See Table of Contents under "Read More."

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    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

    Product Details

    Publishers

    ABA Book Publishing

    ISBN

    9781641053570

    Page Count

    315

    Product Code

    5130234EBK

    Trim Size

    6 x 9

    Publication Date

    3/1/2019 12:00:00 AM

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