MARK T. SMITH, Of Counsel

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MARK T. SMITH became “Of Counsel” to the law firm of Atwood & Cherny, P.C. on January 1, 2020 after having been a partner for many years and to allow him to pursue other interests.

During his years at the firm, Mark concentrated his practice in the area of complex matrimonial matters and custody disputes both at the trial and appellate levels. He also served a family law mediator, conciliator and arbitrator and was frequently selected by lawyers and the court as a master.  Mark and the firm have been involved in and recognized for a number of family law appellate decisions which have had a significant role in shaping family law today in Massachusetts. His cases have included Pierce v. Pierce, which was the catalyst for passage of sweeping reforms to the alimony law in Massachusetts in The Alimony Reform Act of 2011. Other Supreme Judicial Court decisions include DeMatteo v. DeMatteo and Austin v. Austin, which reinforced and established important precedent regarding the enforcement and validity of prenuptial agreements in Massachusetts.
 
​Mark was appointed by the Chief Justice of the Probate & Family Court to serve on task forces that led to recommendations for uniform statewide scheduling practices, an interdisciplinary settlement pilot program to resolve high conflict matters and proposed changes to the rules that will allow litigants to fast track their matters for settlement.  He served as President of the Massachusetts Family and Probate American Inn of Court, a membership of over 150 lawyers, judges, and court personnel whose mission is to foster collegiality, peer education, and professionalism in the Probate & Family Court.  On three occasions, including for 2020, Mark was selected by his peers as Best Lawyers “Lawyer of the Year” for Family Law in Boston.  He has also participated in numerous television, radio, and newspaper interviews dealing with some of his firm’s high-profile cases and as a commentator on family law issues.

BAR & COURT ADMISSIONS

• Commonwealth of Massachusetts
• Federal District Court for the District of Massachusetts
• Supreme Court of the United States
• State of Vermont

 
PROFESSIONAL ASSOCIATIONS

• Massachusetts Bar Association
• Boston Bar Association (former member of Family Law Steering Committee, Co-Chair of Legislation and Continuing Legal Education Committee)
• Massachusetts Continuing Legal Education’s Curriculum Advisory Committee
• Massachusetts Council on Family Mediation
• Massachusetts Family & Probate American Inn of Court (former president)
• Vermont Bar Association

 
PUBLICATIONS & COURSES
Mark is a frequent lecturer and contributor to family law educational seminars and publications.

RECOGNITIONS

• ​Best Lawyers in America – 2020, 2016 & 2013 “Lawyer of the Year”, Family Law, Boston
• New England & Massachusetts Super Lawyers
• Lexis/Nexis Martindale Hubbell AV Distinguished Rating

 
NOTABLE CASES

• Pierce v. Pierce, 455 Mass. 286 (2009)
• Austin v. Austin, 445 Mass. 601 (2005)
• Austin v. Austin, 62 Mass. App. Ct. 719 (2004)
• DeMatteo v. DeMatteo, 436 Mass. 18 (2002)

 
EDUCATION

• New England School of Law - J. D. 1984
• St. Lawrence University – B.A. 1981 (cum laude)​

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MARK T. SMITH
Best Lawyers in America
“Lawyer of the Year”
– 2020 –
FAMILY LAW - BOSTON

AWARD WINNING DIVORCE ATTORNEYS PRACTICING IN MASSACHUSETTS & NEW HAMPSHIRE

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Divorce Litigation, Family Law Related Appeals, Paternity Matters, Mediation, Modification of Prior Judgments & Orders, Child Support, Enforcement (Contempt) of Prior Judgments & Orders, Alimony & Spousal Support, Custody & Parenting Disputes, Removal, Parental Kidnapping & Hague Convention Matters, Drafting, Negotiation & Enforcement of Premarital/Prenuptial Agreements, Marital/Postnuptial Agreements, Name Changes, Restraining Orders, Domestic Violence, Sexual Abuse & Harassment Orders, Guardian Ad Litem Investigations, Court Appointed Masters, Alternative Dispute Resolution (Mediation, Conciliation, Collaborative Law, Arbitration.