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MARK T. SMITH has been a partner at the law firm of Atwood & Cherny, P.C. since 1996, 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, Mark is an experienced family law mediator, assisting couples and their attorneys and advisors to work through options and achieve agreement in pre-marital and post-marital agreements, divorce, modification actions, and other family disputes.  He also performs case evaluations and is a trained conciliator and arbitrator.  He is frequently selected by lawyers and the court as a master.  Mark and his 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 has been appointed by the Chief Justice of the Probate & Family Court to serve on several 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.  He has also twice been recognized by his peers as “Lawyer of the Year” for Family Law in Boston by Best Lawyers.  He has 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.  Most recently he has lectured on Alternative Dispute Resolution, Alimony & Child Support, High Conflict Custody Cases, Modern Families/Effective Advocacy for  Lesbian & Gay Clients, and Prenuptial Agreements 

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)​

MARK T. SMITH
msmith@atwoodcherny.com
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