Since 1996, Mark T. Smith has been a partner at the law firm of Atwood & Cherny, P.C., concentrating his practice in the area of complex matrimonial matters and custody disputes both at the trial and appellate levels. In addition to his trial practice, he is also trained in all forms of alternate dispute resolution including conciliation and mediation. He performs case evaluations, mediations, conciliations, arbitration and is frequently selected by the Court as an appointed master in various aspects of family law matters.

In addition to his family law practice, Mr. Smith is a member of a number of family law organizations. He is the past President of the Massachusetts Family and Probate American inn of Court, a group of over 150 lawyers, judges and court personnel whose mission is to foster collegiality, peer education and professionalism in the Probate & Family Courts. He is also a member of the Massachusetts Continuing Legal Education's Curriculum Advisory Committee, the Massachusetts Council on Family Mediation and is a past member of the Family Law Steering Committee of the Boston Bar Association, where he served as a co-chair of several committees. He is also a member of the Massachusetts, Boston, American and Vermont Bar Associations. He is a frequent lecturer at various continuing legal education courses and has authored articles and teaching materials on family law topics. He has participated in a number of television, radio and newspaper interviews dealing with some of his firm’s high profile cases and as a commentator on family law issues. He has been appointed by the Chief Justice of the Probate & Family Court to serve on a task force that led to uniform statewide scheduling practices in the courts and to the Interdisciplinary Settlement Conference which is currently instituting a trial program in the courts to resolve selected contested cases. He has been recognized by his peers in Naifeh and Smith’s The Best Lawyers in America and Law & Politics/Boston Magazine listing of "Massachusetts Super Lawyers" in the field of family law. Mr. Smith also has received the highest "AV" rating from Martindale-Hubbell.

Mr. Smith is a 1984 graduate of New England School of Law and received an undergraduate degree in Government from St. Lawrence University (cum laude) in 1981. He is admitted to practice before the United States District Court and the Supreme Court of the United States. His past positions include Press Secretary and Director of Communications for the Massachusetts House of Representatives Minority Leader's Office, Special Counsel to a Fortune 500 Healthcare company and Of Counsel to the law firm of Thomas C. Troy & Associates.

Mr. Smith and his firm have been involved in a number of family law appellate decisions which have had a significant role in shaping family law today in Massachusetts. Most recently, his cases have included Pierce v. Pierce in which the Supreme Judicial Court upheld the trial court’s judgment of a complaint for modification continuing alimony payments for his client after her former spouse retired at a customary age. The SJC declined to create a rebuttable presumption that alimony should automatically terminate upon retirement. Other recent Supreme Judicial Court decisions include DeMatteo v. DeMatteo and Austin v. Austin, which overturned the lower courts judgments concerning prenuptial agreements (see Significant Cases).

In describing his approach to representing his clients in matrimonial matters Mr. Smith states, "Being able to guide a client through a contentious divorce process in an expeditious fashion is one of the keys to being a good divorce attorney. Some cases simply need court intervention while others can and should be negotiated outside of the courtroom. Recognizing the difference is the key to effective representation and achieving the best result for the client."

Mr. Smith has expanded his practice, now serving as a mediator to couples going through divorce, modification actions and other family disputes. "The demand for mediation has increased as clients and lawyers have become dismayed with the cost, delay and acrimony that accompany litigation. It was a natural extension of my personality and skills to become trained as a mediator and assist parties to communicate and identify their issues, explore solutions and ultimately reach agreement. The process is confidential, usually more cost-effective, efficient and satisfying. I find that as a mediator there is a greater likelihood that parties will abide by their agreements, be more flexible in adapting to changed circumstances in the future and inclined to use the mediation process again if they cannot agree. The overall satisfaction level of the parties at the end of a successful mediation is in striking contrast to those who have gone through drawn out litigation."