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Elaine M. Epstein


Since joining Todd & Weld in 1994 to co-direct the firm’s Probate and Family Law practice, Elaine M. Epstein has seen the practice grow into one of the largest in Massachusetts.  The firm's success is grounded in its focused team approach to evaluating and successfully resolving a broad array of complex family law issues.

A partner at the firm, Ms. Epstein has tried dozens of cases in the Probate & Family Court in Massachusetts and resolved hundreds more short of trial – ranging from substantial asset divisions to contested parental rights and novel issues involving the property rights of non-married cohabitants and the rights of non-biological parents.  She has litigated complex jurisdictional issues and actions involving cutting-edge issues in federal and state trial and appellate courts.

Ms. Epstein has a long history of involvement in activities designed to both promote and educate attorneys, and to further public understanding of the law and ethical issues.  She served on the Massachusetts Judicial Nominating Commission by appointment of the governor.  Ms. Epstein is a past president of the Massachusetts Bar Association.  She was one of the founders and the first president of the Massachusetts Women's Bar Association where she now serves on its Emeritus Board and that of the Women's Bar Foundation.  Ms. Epstein has served by Massachusetts Supreme Judicial Court appointment on the Board of Bar Overseers, the SJC’s advisory committee on the Rules of Professional Conduct, and the Massachusetts IOLTA Committee.

Repeatedly selected to Best Lawyers in America for Family Law and to Massachusetts Super Lawyers for Family Law, Ms. Epstein received the Women's Bar Association's Lelia J. Robinson Award in 1999 in recognition of outstanding accomplishments and contributions to women in the legal profession.  She received a Top Women of Law award from Massachusetts Lawyers Weekly in 2013 and was inducted into its 2015 Circle of Excellence. In 2015, she received the Massachusetts Bar Foundation's President's Award for her contributions to the foundation over the years.  Ms. Epstein has chaired and served on numerous other bar related committees and endeavors over the years and is a frequent lecturer and commentator.


  • Todd & Weld LLP, 1994-present
  • LoDolce & Epstein, Brockton, Massachusetts, 1978-1994
  • Law Office of P.J. Piscitelli, Brockton, Massachusetts, 1975-1978



  • Northeastern University School of Law (J.D., 1976)
  • Yale University (M.A., 1972)
  • University of Pennsylvania (B.A., 1968)

Bar Admissions

  • Massachusetts
  • Maine
  • U.S. District Court, Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Supreme Court

Professional Activities

  • Member, Judicial Nominating Committee for the Commonwealth of Massachusetts, 2015-present
  • Member, Emeritus Boards for Women's Bar Association and Women's Bar Foundation
  • Member, Massachusetts Bar Association Centennial Commission, 2010
  • Supreme Judicial Court Advisory Committee on Rules of Professional Conduct, 1995-2008
  • Massachusetts IOLTA Committee, 1996-2006
  • Lawyers Weekly, Board of Editors,  1994-1998
  • American Bar Association House of Delegates, 1991-1995
  • Trustee, Massachusetts Continuing Legal Education, 1992-1993
  • President, Massachusetts Bar Association, 1992-1993
  • Board of Bar Overseers, 1984-1988
  • President, Women's Bar Association, 1979-1980
  • Probate and Family Inns of Court, Massachusetts Chapter Member, American, Massachusetts, Boston, Women's, Norfolk and Plymouth County Bar Associations


  • Contributor to Breaking Barriers: The Unfinished Story of Women Lawyers and Judges in Massachusetts, published by MCLE, Inc. (2012): Chapter 7: "Building a Legal Community: Bar Leaders."
  • Contributing Editor, "Ethical Lawyering in Massachusetts" Massachusetts Continuing Legal Education 2000, 2007
  • Contributing Editor, "Fiduciary Litigation in the Probate and Family Courts" Massachusetts Continuing Legal Education, 2006, 2013
  • Frequent lecturer for Massachusetts Continuing Legal Education, Massachusetts Bar Association, Boston Bar Association and other continuing legal education programs. Topics include: Trying Divorce Cases; Trying Domestic Relations Cases; Examining Experts; Valuing Retirement and Business Assets; Trust, Inherited and Gifted Property Issues in Divorce; International Custody Issues; Interstate and International Jurisdictional Issues; Same Sex Marriage and Divorce; Non-Traditional Families; and Ethical Issues.

Honors and Awards

  • Regularly named to Best Lawyers in America in Family Law (2003 to present)
  • Regularly named to Massachusetts Super Lawyers for Family Law (2004 to present)
  • Recipient of 2015 President's Award, Massachusetts Bar Foundation
  • Inducted into Circle of Excellence as part of 2015 Top Women in Law Awards, Massachusetts Lawyers Weekly
  • Named One of The Top Women Attorneys in Massachusetts in Boston magazine (2014)
  • Named one of Boston's Top-Rated Lawyers by Legal Leaders based on AV Preeminent Rating by Martindale-Hubbell (2014)
  • Recipient of Top Women of Law Award by Massachusetts Lawyers Weekly (2013)
  • Named to Top 50 Women Attorneys Massachusetts Super Lawyers (2004)
  • Martindale-Hubbell, AV Preeminent rating (2002 to present)
  • Awarded Women's Bar Association’s Lelia Robinson Award in recognition of outstanding accomplishments and contributions to women in the legal profession (1999)
  • Named as one of the 10 Most Powerful Women in Boston by The Boston Globe (1994)
  • Distinguished Service and Gold Medal Awards, Plymouth County Bar Association (1992-93)

In the Community

  • Trustee, Massachusetts Bar Foundation, 1994-1998 and Oliver Wendell Holmes Charter Fellow
  • Sustaining Member, Women's Bar Foundation
  • Fellow, American Bar Foundation
  • Lawyer of the Day Program, Plymouth Probate and Family Court
  • Pro bono representation in a variety of domestic relations and related cases