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Family Law,Family Law Appeals

In Practice: Jared Spinelli | Family Law

Jared D. Spinelli

In Practice is a series in which Rubin Rudman attorneys speak candidly about the experience and judgment that shape their approach to client work.

Family law often requires clients to make consequential decisions while navigating deeply personal and emotional circumstances. In this installment, hear from Jared D. Spinelli, a partner in Rubin Rudman’s Family Law group, on guiding clients through complex matters, how his appellate practice informs his approach at the trial level, and why pro bono work with veterans and active servicemembers remains an important part of his practice.

Family law clients face major legal and financial decisions at a time when emotions are running high. How do you help clients separate what feels urgent in the moment from what will matter to them a few years down the road?

Effectively balancing a family law client’s natural emotion with their rational side is, in my opinion, one of the toughest and most valuable skills in a domestic relations attorney’s toolbox. I often reassure potential clients, usually on the first phone call, that none of my clients reach out to me at a moment in their life when “all is good.” I also remind them that there is no “script” for their life or for the crisis that led them to contacting me. Once they can catch their breath, I explain to them that my role is to be their steady ship through the storm and walk them through the general process ahead. This usually helps clients understand that others have gone through similar circumstances before and that they will be “OK” with my guidance. I tell them which urgent issues come first and that there will be plenty of time for us to discuss all concerns they may have in due time.

Many of your cases involve business valuations, trusts, real estate, or equity compensation. What advice would you give to a person in this position who is considering divorce?

When divorces are complex, such as when there are multiple sophisticated issues in contest that may be interwoven with one another, I assure clients that no family law attorney I know is a “master of all.” We at Rubin Rudman are fortunate to have subject matter experts across a multitude of practice areas, which materially benefits our divorce clients. If there are trust or real estate issues involved in the divorce, my clients are reassured that my colleagues in our Trusts & Estates or Real Estate departments are here to jump in as a part of the client’s broader legal team. That is a tremendous benefit to my ability to effectively represent our clients. Similarly, if there are issues such as business valuation or complex equity compensation that require extra attention, I have longstanding relationships with expert witnesses who specialize in these areas and are available to consult with us.

My advice is to make sure you have a legal team that understands when additional expertise is needed and knows how to bring the right professionals to the table. Together, we can formulate a plan or strategy in the client’s best interest as we approach either negotiation or litigation.

You represent clients at both the trial and appellate levels. How has your appellate work changed the way you approach a family law case from the very beginning?

When you practice appellate work, you realize just how often a Trial Court hearing may not have, what we call, “perfected the record.” That is to say, a potential appeal may become hamstrung by decisions trial attorneys made during the trial (or evidentiary hearing) in the Trial Court. Preserving objections, failing to file a particular motion, or overlooking exhibits that may have made a difference can make or break an appeal down the line when put under the legal microscope and carefully reviewed. I like to think this experience makes me more careful and strategic when I practice in the Probate and Family Court. I have a better understanding of what may matter in the eyes of the Appeals Court if, unfortunately, an appeal follows my trial work.

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A client who receives a disappointing decision may understandably feel, “This can’t be right, I want to appeal.” How do you determine whether there’s a strong basis for a family law appeal, and what do you want clients to understand before deciding to pursue one?

Determining whether an appeal is viable following a disappointing decision is critically important when advising clients in the appellate space. I do not want a client’s hard-earned money spent on an appeal that is likely to be futile, and I do not take lightly the financial costs that come with hiring lawyers and pursuing litigation. I tell every client that, upon reviewing their case, I will advise them as to the good, the bad, and the ugly.  I will be honest and direct with them as they deserve that honesty. In order to provide that advice, I carefully review the trial record, including the trial transcripts, the exhibits introduced, and the judge’s judgment, findings, and rationale.

Are there common misconceptions about what a family law appeal can accomplish?

I would say that one common misconception in family law appeals is that a decision of a Probate and Family Court judge, although perhaps perceived as heavy handed, may nevertheless fall within the judge’s broad discretionary powers. This is particularly true in judicial decisions related to child custody and determining what is in a minor child’s “best interests.” It can be difficult for a panel of Appeals Court justices reviewing a trial record to conclude that the trail judge abused that discretion in making a determination about a child’s best interests. Errors of law, on the other hand, can be “easier” to challenge on an appeal.

You’ve taught law students and regularly present to other attorneys on a wide range of family law issues. Does teaching other lawyers change the way you think about your own work with clients?

Teaching, in the general sense, has always been in my blood, as my mother spent her entire career in education. I find teaching – be it a law student, a young lawyer, or even a client – to be one of my favorite aspects of my career. I was fortunate enough to have been guided by several amazing law school professors and, later, mentors in my practice. I am lucky and thankful for that guidance, and I take very seriously the opportunity to serve as a mentor to others now in this phase of my career.

I look at your question in the opposite way of how you phrased it: I think my own work with clients has changed the way I teach other lawyers. My experiences (and there were many challenging experiences over the years) helped me become a better teacher and mentor. However, I certainly try to remind myself to “practice what I preach” and stay consistent!

You’ve continued to devote time to Veterans Legal Services alongside a busy private practice. What keeps you coming back to that work?

My connection to pro bono work involving military families and active servicemembers traces back to when I was going to college more than 20 years ago. I graduated high school right around 9/11 and, as my story goes, several of my friends chose to enlist in the military. I did not quite have the “guts” to enlist (and instead had my sights set on law school) but have always felt a connection to serving my country and so, in my later years, I realized I could give back in a different way – using my education.

When I was a young associate, I was approached by Veterans Legal Services and quickly learned that family law is one of the areas of law that were most in need of placement with volunteer attorneys. I became hooked. Representing military veterans or active servicemembers was a direct way to help them and offer my own thanks, as they are often in dire need of adequate legal representation without having the financial resources to pay for their own attorneys. I am very proud to say that, currently, many members of our Family Law group volunteer with VLS and find similar joy in giving back to the same cause.

Years later, my passion became known within the Probate and Family Court and I am now occasionally appointed by the Court to serve as an active servicemember’s attorney to stand in their place while they are deployed and unable to appear on their own. It is another way I believe I can give these individuals a very small token of my appreciation.

Family law requires you to spend a lot of time with people during extraordinarily personal moments in their lives. What have you learned over the course of your career about what clients need from their lawyer beyond legal expertise?

What clients in family law undoubtedly need is an advocate who can internally screen out their natural emotions and heightened stress, with respect and a listening ear, so that,externally, they appear steady, objective, and reasonable. We family law attorneys all know that a percentage of our job is to be a bit of a therapist – it is unavoidable. I find that once you afford the client that opportunity to “vent,” they become increasingly open to following your legal advice when it comes to the “external” messaging – whether to the opposing attorney or the judge. That external messaging cannot risk being derogatory, salacious, irrational, or punitive. So, clients need me to listen, they need me to remain calm, and they need me to get them through the storm with one united, stable course.

Experience in practice