Texas Appellate Law Podcast

AI in the Judiciary: Power, Limits, and the Social Contract | Judge Scott Schlegel

Tue, 31 Mar 2026 03:00:00 -0400

When a lawyer messes up by using an AI platform that produces mistakes, they might get sanctioned by a judge. When a judge messes up using an AI platform, “it could become precedent. So, it’s a much different conversation.” Judge Scott Schlegel, of Louisiana's Fifth Circuit Court of Appeals, speaks from his experience as an early leader in courtroom efficiency. Today, he supports a measured judicial approach to AI with this guiding principle: “It's not our job to be first. It's our job to get it right.” Tune in to this conversation with hosts Todd Smith and Jody Sanders to hear about his newer project: the Judicial AI Consortium (JAIC), which he is developing with U.S. Magistrate Judge Maritza Dominguez Braswell of Colorado and Judge Xavier Rodriguez of the Western District of Texas. The consortium is designed to be a simple forum where judges can “ask stupid questions, talk to each other about how you're using it, what you're seeing out there. Is it helpful? Is it useful? How far should we go?” About 200 judges around the country have signed up so far.

Connect and Learn More

☑️ Judge Scott Schlegel | LinkedIn

☑️ United States Court of Appeals for the Fifth Circuit on LinkedIn | Instagram | YouTube

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music | YouTube

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Proceed.

The New Rule 166a: What Texas Lawyers Need to Know | Michael Duncan

Thu, 12 Mar 2026 03:00:00 -0400

The final version of rewritten Texas Rule of Civil Procedure 166a—the summary judgment rule—became effective March 1, 2026. In this episode, Michael Duncan, an appellate and motions practitioner in Austin who clerked for a Texas Supreme Court justice, unpacks the updated rule with hosts Todd Smith and Jody Sanders. Together, they examine what the Supreme Court changed for the better from the proposed amendment—clarifying the burden of proof for traditional motions, allowing parties to extend response deadlines by agreement, and explicitly requiring evidence with a traditional motion. They also flag new and unresolved concerns, such as the removal of "promptly" from the court's hearing-setting obligation and the potential for abuse of the filing-triggered response deadline. Michael also shares his comparison chart that untangles the four sets of standards governing motions filed during the transition period.

Connect and Learn More

☑️ Michael Duncan | LinkedIn

☑️ Naman, Howell, Smith & Lee on LinkedIn | Instagram | Facebook

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music | YouTube

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Proceed.

Flipping the Script: How Texas Courts Can Improve Appellate Practice

Thu, 26 Feb 2026 03:00:00 -0400

In this episode, hosts Todd Smith and Jody Sanders share their list of crowdsourced “pet issues” that appellate courts could address to make practitioners' lives easier. Their goals, Todd explains, are to both identify areas for improvement and also to give them an opportunity to flesh out those topics in later episodes. If you’re a practitioner with thoughts about everything from modernizing the outdated civil docketing statement to standardizing sealed record procedures to adding a cross-appeal rule, chances are that Todd and Jody have thoughts, too. Tune in as they break down issues and suggest possible solutions. “If any judges, rules committee people, anybody ever wants to come on and talk about these, please let us know,” Jody says. “We would love to have other perspectives on it.”

Connect and Learn More

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music | YouTube

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Proceed (formerly Counsel Press).

Permissive Appeals, SCAC, and the Reality of Texas Rulemaking | Rich Phillips

Thu, 12 Feb 2026 03:00:00 -0400

In this episode, we examine Texas’s permissive appeals statute and the rulemaking process that shapes how it operates in practice. To guide the discussion, hosts Todd Smith and Jody Sanders welcome Rich Phillips of Holland & Knight, who serves on the Texas Supreme Court Advisory Committee and recently presented a paper on permissive appeals. Rich pulls back the curtain on how procedural rules are developed and revised, then walks through the statute’s requirements and explains why permissive appeals are so often denied. The conversation also explores how courts interpret key statutory terms, how courts of appeals exercise their discretion, and what practitioners can learn from recent decisions in permissive appeals.

Connect and Learn More

☑️ Rich Phillips | LinkedIn

☑️ Holland & Knight on LinkedIn | Instagram | Facebook | X | YouTube

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music | YouTube

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

A Complete Rewrite: What the New Summary Judgment Rule Means for Trial Lawyers and Judges

Thu, 22 Jan 2026 03:00:00 -0400

The Texas Supreme Court is taking comments on its rewritten summary judgment Rule 166a before the rule goes into effect on March 1. To help practitioners understand its implications, hosts Jody Sanders and Todd Smith provide context for the rewrite and take a deep dive into the rule’s requirements. Tune in as they break down, among other details, how the rule defines traditional and no-evidence summary judgments, what it requires when those motions are combined, and how it changes the timing of the non-movant’s response to within 21 days after the motion is filed.

As Jody explains, the Court concluded that summary judgment motions “were either sitting around too long without being heard or without being ruled upon” and set out to address that problem. Todd adds, “This is a huge change from the old rule” that will “require non-movants to be far more proactive in getting their responses done and ready than they were before.”

Email your comments about Rule 166a to rulescomments@txcourts.gov by February 28.

Connect and Learn More

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music | YouTube

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

The View from the Bench: Improving Appeals, Briefs, and Oral Argument | Justice David Gunn

Thu, 08 Jan 2026 03:00:00 -0400

Keep your brief to 10,000 words, and you'll get more investment from Texas appellate justices. Those are just a few words of wisdom from Justice David Gunn in this conversation with hosts Todd Smith and Jody Sanders. After a clerkship, where he observed lawyers making mistakes and judges making decisions, Justice Gunn spent over three decades in private practice before joining the First Court of Appeals in October 2024. Tune in as he reflects on his “accidental” path to law, explains how his court decides when cases get argued, and describes his wish for a “fast track” system for some cases. Make sure to stay for his war story about a lawyer who snatched defeat from the jaws of victory.

Connect and Learn More

☑️ Justice David Gunn | LinkedIn

☑️ Texas Courts of Appeals

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Supersedeas Bonds in the Real World: Timing, Collateral, and Cost | Arturo Ayala

Wed, 24 Dec 2025 03:00:00 -0400

When an appellate lawyer puts a client in touch with Court Surety Bond Agency, the client is in a tough spot. “They’re going to be facing a verdict, an adverse verdict, or it’s just entered, and they're coming to us because they need to post a bond” to stay judgment enforcement during appeal, says Arturo Ayala, the company’s vice president. In this conversation with hosts Todd Smith and Jody Sanders, Arturo takes a deep dive into this type of bond, starting with the initial conversation with the client. “With supersedeas bonds, the underwriting – what I tend to explain or compare it to – it's very similar to banking,” he says. “It's strictly a financial guarantee.” Arturo goes on to describe the timing necessary to put a bond in place, the factors that play into a client’s premium rate, and the pros and cons of each type of collateral. Tune in as he explains why his key tip is what not to do: “Don't wait ‘til the judgment is entered.”

Connect and Learn More

☑️ Arturo Ayala | LinkedIn

☑️ Court Surety Bond Agency on LinkedIn | Facebook

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Breaking Down the Texas Supreme Court’s Revamped Petition-for-Review System

Wed, 26 Nov 2025 14:01:00 -0400

The Texas Supreme Court is on the verge of eliminating the practice of requesting merits briefs before granting petitions for review—a change that will fundamentally reshape how the high court handles cases. In this deep dive into Misc. Docket No. 25-9092, hosts Todd Smith and Jody Sanders break down the proposed rule changes, which aim to make the process quicker, more efficient, and less costly for the parties. Todd takes listeners back to the era when every case bound for the Supreme Court required a full brief, a practice that ended in 1997 when the Court shifted to the petition-for-review process. Jody brings the conversation to the present by explaining the current procedure in a way that’s accessible to those who don’t regularly handle matters before the Court. Both hosts dissect the proposal to arm listeners with what they need to know before the new rules take effect in early 2026.

Connect and Learn More

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Starting, Statistics, and Second Chances in Appellate Law | Tad Bartlett

Thu, 16 Oct 2025 03:00:00 -0400

When he started his solo appellate practice in Louisiana, Tad Bartlett had to educate trial lawyers about the utility of having an appellate attorney on their team. Today, 18 attorneys are certified appellate specialists through the Louisiana Board of Legal Specialization. “It’s nice to know when I sit in a room with the other 17, these are really well vetted, well qualified, highly experienced appellate lawyers who care about appellate law, care about appellate procedure, in the very nerdy kind of way that I do,” Tad tells hosts Todd Smith and Jody Sanders. Now a partner at Fishman Haygood in New Orleans, Tad shares his journey of building a successful appellate practice and creating his influential Take the Fifth blog, which digests every Fifth Circuit opinion and tracks comprehensive statistics on the court. He reveals some gems from his research – including that the Fifth Circuit is not as antagonistic toward plaintiffs as myth would have one believe. And he opens up about his remarkable recovery from a serious cycling accident and traumatic brain injury that temporarily derailed his practice, demonstrating the power of professional community and resilience.

Connect and Learn More

☑️ Tad Bartlett | LinkedIn

☑️ Fishman Haygood on LinkedIn | Instagram | Facebook | X

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Breaking Through Obscurity: Building a Law Practice Through Service and Mentorship | KC Ashmore

Thu, 18 Sep 2025 03:00:00 -0400

Building a law practice from scratch requires finding your tribe and embracing the paradigm of giving, says KC Ashmore of Ashmore & Ashmore Law Firm in Rockwall, Texas. The Coast Guard veteran transformed his military service ethic into legal practice success through veteran outreach, Habitat for Humanity builds, and active participation in bar associations such as the Texas Bar College. KC shares his journey from the Texas Court of Criminal Appeals to insurance defense work and ultimately to running a general practice firm, emphasizing his "10-year apprenticeship" approach inspired by John Grisham novels. With hosts Todd Smith and Jody Sanders, KC discusses mentoring, continuing education beyond minimum requirements, and professional networking through service that creates sustainable success.

Connect and Learn More

☑️ KC Ashmore | LinkedIn

☑️ Ashmore & Ashmore on Facebook | Instagram | LinkedIn

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Confronting the Existential Crisis of Appellate Practice | Kevin Dubose

Thu, 04 Sep 2025 03:00:00 -0400

The basic concept – that appellate lawyers face an existential crisis – came to Kevin Dubose in a dream. In this thought-provoking episode, hosts Todd Smith and Jody Sanders welcome Kevin back to the show to explore this concept and potential solutions to the unique challenges appellate lawyers face. Kevin shares insights from his recent paper, including the unique pressures in this practice area and how redefining success can lead to a more fulfilling career. Tune in to discover strategies for managing client expectations, improving advocacy skills, and finding personal satisfaction as an appellate lawyer. For more insights from Kevin about appellate practice, check out his previous appearances on the podcast: “Setting the Appellate Bar in Texas” and “Understanding the Texas Standards for Appellate Conduct.”

Connect and Learn More

☑️ Kevin Dubose | LinkedIn

☑️ Alexander Dubose & Jefferson

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Using AI to Bridge the Justice Gap in Texas | Joe Stephens

Thu, 17 Jul 2025 03:00:00 -0400

The world of public defense is traditionally challenged by limited resources. Appellate practice carries weighty time demands. Now comes AI—a disrupting force that can solve those problems and bridge the justice gap, says Joe Stephens. His insights come from several roles, including as chief public defender for the Caprock Regional Public Defender Office, consultant for Steno, a court reporting services firm with an AI-powered “Transcript Genius” tool, and clinical lecturer at Texas Tech University School of Law. “I just think that if you deploy it effectively, the results are just going to be incredible,” he tells hosts Todd Smith and Jody Sanders. Tune in for Joe’s reflections about his recent experience using AI on a pro bono civil rights case and some takeaways about the new Texas Responsible Artificial Intelligence Governance Act.

Connect and Learn More

☑️ Joe Stephens | LinkedIn

☑️ Steno on LinkedIn | Instagram | Facebook | YouTube

☑️ Texas Tech University School of Law

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Beyond Printing: How Counsel Press Set the Bar for Appellate Support | Vincent Wiscovitch & Janet Bennett

Thu, 26 Jun 2025 03:00:00 -0400

The marketplace may know Counsel Press as printers, but “we’re a lot more than that,” says Vincent Wiscovitch, senior appellate counsel. “We like to refer to ourselves as ‘appellate support providers,’ because anybody can be a printer. You could go to Staples and get a brief printed.” Counsel Press goes far beyond Staples, as Vincent and colleague Janet Bennett, appellate counsel, explain. From brief preparation and electronic filing to record compilation and hyperlinked e-briefs, they help lawyers navigate the complex maze of court rules across all 50 states and federal courts, providing everything from bluebooking and citation verification to ghostwriting and brief critiques. Tune in to this conversation with hosts Todd Smith and Jody Sanders for insights about how Counsel Press gives lawyers what Todd describes as “peace of mind.”

Connect and Learn More

☑️ Vincent Wiscovitch | LinkedIn

☑️ Janet Bennett | LinkedIn

☑️ Counsel Press on LinkedIn | Facebook | YouTube

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Teaching the Next Generation of Legal Writers | Christina Crozier

Thu, 12 Jun 2025 03:00:00 -0400

"If everyone can take out the fancy words from their language, we would all do better—law students and seasoned professionals alike." That observation comes from Christina Crozier, clinical assistant professor at the University of Houston Law Center and of counsel at Haynes Boone. In this conversation with hosts Todd Smith and Jody Sanders, Christina reveals four simple hacks that can improve legal writing, from the “lunch test” for word choice to guidance on sentence and paragraph length. Tune in for her insights about AI's impact on research and writing, the importance of verification in an era of hallucination, and her work rebooting the Appellate Advocate publication.

Connect and Learn More

☑️ Christina Crozier | LinkedIn

☑️ University of Houston Law Center

☑️ Haynes Boone

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Preserving the Republic: Law Day Reflections on History and the Legal Profession | Bill Chriss

Thu, 15 May 2025 03:00:00 -0400

“We live in crazy times" is a phrase we hear a lot these days, Dr. Bill Chriss observes in this milestone 150th episode with hosts Todd Smith and Jody Sanders. But not the craziest America has ever seen. Drawing from his Law Day presentation, Bill examines how the nation’s founding fathers—particularly Madison and Washington—foresaw the dangers of political factions and built safeguards to protect democracy. Modern trends like partisan gerrymandering and social media, he warns, are weakening those safeguards. As chair of the State Bar of Texas Appellate Section, Bill challenges lawyers to uphold their ethical duty to protect the judiciary, combat hyper-partisanship, and promote analytical thinking to preserve the republic.

Connect and Learn More

☑️ Dr. Bill Chriss | LinkedIn

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Straddling the Line Between Trial Work and Appellate Practice | Dylan Russell

Thu, 01 May 2025 03:00:00 -0400

“There's never any point at which I would have to say, ‘Well, I'm only going to do trial work now’ or ‘I'm only going to do appellate work,’” Dylan Russell says. He can straddle that line because, as he explains to hosts Todd Smith and Jody Sanders, “I just like the law so much that I think about it all the time.” In this conversation, Dylan discusses why he maintains both trial and appellate skills rather than specializing and suggests how trial lawyers can become strong appellate lawyers. Tune in for his insights and a few war stories, like the time he had to file a Supreme Court petition for writ of certiorari during Winter Storm Uri with no power or printer.

Connect and Learn More

☑️ Dylan Russell | LinkedIn | Instagram | X | BlueSky

☑️ Sorrels Law on LinkedIn | Instagram | Facebook

☑️ Todd Smith | LinkedIn | X | Bluesky

☑️ Jody Sanders | LinkedIn | X | Bluesky

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Launching an Appellate Team Inside a Plaintiff-Oriented Firm | Andrew Gould

Thu, 17 Apr 2025 03:00:00 -0400

"I give trial lawyers a menu of options," Andrew Gould explains to hosts Todd Smith and Jody Sanders about his strategic approach as head of appellate at plaintiffs' firm Arnold & Itkin. After building their appellate practice from scratch following his years as a federal prosecutor, Andrew shares battle-tested techniques for navigating the trial lawyer relationship. His "eyes-wide-open" philosophy ensures transparent communication about strategic decisions and potential appellate consequences. When asked about electoral changes affecting appellate courts, Andrew replies: "What matters to me as an appellate lawyer are the law and the facts, and that's all it should be."

Connect and Learn More

☑️ Andrew Gould | LinkedIn

☑️ Arnold & Itkin on LinkedIn | Instagram | Facebook | X | YouTube

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Overcoming Obstacles on the Path to Becoming an Appellate Lawyer | Milo Bobbitt

Thu, 03 Apr 2025 03:00:00 -0400

Milo Bobbitt built an appellate practice from scratch at his firm. After an internship with then-Justice Willett at the Texas Supreme Court, he successfully defended a significant oil and gas contract victory on appeal, complete with a quote from the movie “Armageddon” in the opinion. "I was writing a new brief about every month for eight months straight," Milo recalls to hosts Todd Smith and Jody Sanders. Tune in as he offers practical strategies, such as volunteering for pro bono appeals and dispositive motions, for attorneys looking to develop appellate skills. As someone who has faced challenges – including being born partially deaf – Milo also stresses the importance of mentors and encourages new lawyers to take advantage of Texas's collegial appellate bar.

Connect and Learn More

☑️ Milo Bobbitt | LinkedIn

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Counsel Press

Behind the Mic: Five Years of the Texas Appellate Law Podcast

Thu, 20 Mar 2025 03:00:00 -0400

In this milestone episode, hosts Todd Smith and Jody Sanders celebrate the fifth anniversary of the Texas Appellate Law podcast. Reflecting on 145 episodes of conversations with judges, practitioners, and legal innovators, they discuss how the podcast has evolved alongside major shifts in legal practice—from the pandemic's acceleration of virtual proceedings to the emergence of AI in legal work. The hosts share personal insights about what they've learned from their guests, address listener questions about the 15th Court of Appeals and recent case law developments, and express gratitude for the community that has formed around their "backstage pass" to the appellate world. Their conversation offers both a retrospective and a forward-looking glimpse at the changing landscape of appellate practice.

Looking ahead, Jody will present his paper on Broad-Form Issue Submission at the State Bar of Texas’ Advanced Evidence and Discovery program in April (Houston) and May (San Antonio).

Connect and Learn More

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Thomson Reuters

Clerking, Courts, and Concurrences | Adam Shniderman

Thu, 06 Mar 2025 03:00:00 -0400

Hosts Todd Smith and Jody Sanders welcome Adam Shniderman of Alexander Dubose & Jefferson to discuss his unique journey through academia, clerkships, and private practice. Adam shares how his academic background in criminology and forensic evidence provided a solid foundation for his legal career. He compares clerking at the Texas Supreme Court and the Ninth Circuit, and he suggests that young lawyers should consider clerking as a way to enhance their skills. “It is a bit of drinking from a fire hose and learning a lot that you wouldn't necessarily learn as a first-year associate,” he says.

Adam’s insights about Texas appellate law are available on his Substack, named “14th & Colorado” after the intersection where the Supreme Court of Texas is located. Click here to subscribe.

Connect and Learn More

☑️ Adam Shniderman | LinkedIn | X | 14th & Colorado

☑️ Alexander Dubose & Jefferson | LinkedIn

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Thomson Reuters

Addressing Misconduct and Disability in the Federal Judiciary | Chris Dove

Thu, 20 Feb 2025 03:00:00 -0400

For Chris Dove, it started when he came upon articles in Above the Law about the saga of then-95-year-old federal Judge Pauline Newman. A giant in IP law, Judge Newman faced allegations of poor health and declining cognitive abilities in 2023. Those allegations led to a council’s recommendation that the judge be suspended and a flurry of litigation. “When I started reading for myself,” Chris recalls to hosts Todd Smith and Jody Sanders, “I realized there is a whole system that goes on for policing and managing federal judges that I was unaware of.” Chris’ investigation into the little-known system eventually led to his paper, “Who Judges The Judges? Judicial Qualification and Recusal,” and CLEs. With Todd and Jody, he discusses broader implications around the independence and accountability of federal judges.

Connect and Learn More

☑️ Chris Dove

☑️ Troutman Pepper Locke on LinkedIn | Instagram | Facebook | X | YouTube

☑️ Todd Smith | LinkedIn | X

☑️ Jody Sanders | LinkedIn | X

☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram

☑️ Texas Appellate Counsel PLLC | LinkedIn

☑️ Kelly Hart & Hallman, LLP | LinkedIn

☑️ Subscribe Apple Podcasts | Spotify | Amazon Music

Produced and Powered by LawPods

Sponsored by Court Surety Bond Agency and Thomson Reuters

Looking Back and Looking Forward | Chief Justice Nathan Hecht

Thu, 12 Dec 2024 11:00:00 -0400

Chief Justice Nathan Hecht is retiring after an extraordinary 43 years on the bench. In this special episode, he joins Todd Smith and Jody Sanders to reflect on his remarkable career as Texas's longest-serving Chief Justice. He shares personal stories, pivotal milestones, and the transformative reforms he championed, from modernizing court technology to improving access to justice. Don't miss this candid and inspiring conversation about Chief Justice Hecht's enduring legacy, his vision for the future of Texas courts, and his advice to the next generation of lawyers and judges.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Breaking Down the Robert Roberson Case: Criminal Appeals, Reform, and Separation of Powers | Doug Gladden

Thu, 14 Nov 2024 11:00:00 -0400

The highly publicized Robert Roberson case has raised critical questions about the death penalty and separation of powers. In this episode, Todd Smith and Jody Sanders sit down with criminal defense attorney Doug Gladden to tackle this difficult topic. Known for his insightful legal commentary, Doug shares his career journey from serving as a prosecutor to his new role with the Harris County Public Defender's Office and how his views on justice have evolved along the way. The conversation moves into the challenges of criminal appellate practice, focusing on the high-profile Roberson case. Doug offers a unique perspective on the resource disparities between criminal and civil appeals, the nuances of indigent defense, and systemic issues within the criminal justice system. Tune in for a thought-provoking discussion that will resonate with legal professionals and the public alike.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

A New Approach to Narrowing the Texas Civil Justice Chasm | Justice Brett Busby and Kennon Wooten

Thu, 24 Oct 2024 10:00:00 -0400

Access to justice remains a pervasive problem in the Texas legal system. In this episode, Todd Smith and Jody Sanders welcome Texas Supreme Court Justice Brett Busby and Kennon Wooten from Austin's Scott Douglass & McConnico to discuss the latest developments on this front. The conversation focuses on new Supreme Court rules for licensing paraprofessionals and court access assistants to help close the justice gap. Justice Busby shares insights on national trends and the Supreme Court's efforts to implement innovative legal solutions. Kennon provides a behind-the-scenes look at the process and the collaborative efforts required to bring these groundbreaking proposals to life. Tune in to hear about the scope of this initiative and how it will serve those who cannot afford traditional legal services.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Bridging the Gap Between Law and Technology | Colin Levy

Thu, 08 Aug 2024 10:00:00 -0400

In this episode, Jody Sanders and Todd Smith chat with Colin Levy, Director of Legal and Evangelist at Malbek, about his journey from being a traditional in-house lawyer to a leading voice in legal technology. Colin shares his insights on the evolving landscape of the legal industry, emphasizing the importance of bridging the gap between technology and law. He discusses his role at Malbek, where he focuses on contract lifecycle management, and highlights the significance of legal tech in enhancing efficiency and client service. Colin also offers advice for lawyers looking to integrate technology into their practices, advocating for experimentation and a problem-solving approach.

Jury Charge Practice After Horton v. Kansas City Railway Co.

Thu, 25 Jul 2024 10:00:00 -0400

Jury charge practice in Texas trials just got a shakeup thanks to the recent Horton v. Kansas City Railway Co. decision. In today’s episode, Todd Smith and Jody Sanders delve into the Texas Supreme Court’s recent pivot on Casteel error in jury charges. They analyze the implications for appellate practice, sparked by the Court’s revised stance in the Horton case. Formerly relied upon for its presumption of harm, Casteel error now requires prevailing parties to rebut a presumption that any error affected the jury's verdict. This nuanced shift, explored in detail by Todd and Jody, marks a significant evolution in Texas appellate law, prompting fresh considerations for trial attorneys and appellate strategists alike.

Balancing Tradition and Innovation in Legal Education | Dean Bobby Ahdieh

Thu, 27 Jun 2024 10:00:00 -0400

The legal world is undergoing a seismic shift. Technological advancements and a changing social landscape force the legal profession to adapt, but are law schools keeping pace? In this episode, Jody Sanders and Todd Smith visit with Dean Robert B. Ahdieh of Texas A&M Law School about the state of modern legal education and more. Dean Ahdieh shares his journey from New York City to Fort Worth, detailing his fascinating experiences in Russia and his unexpected foray into legal academia. The conversation explores Texas A&M Law's impressive rise in national rankings, the school's innovative approach to legal education, and the influence of Aggie culture. Dean Ahdieh also discusses the future of legal education in the context of rapidly evolving technologies like AI.

Twitter: @Ahdieology

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert

Thu, 13 Jun 2024 10:00:00 -0400

The Texas legal landscape will change significantly on September 1, 2024, with the launch of the Business Court and the 15th Court of Appeals. While the start date is set, many details are still uncertain. In this episode, Tyler Talbert, a board-certified civil appellate lawyer from Waco, joins hosts Todd Smith and Jody Sanders to delve into these groundbreaking new courts. Among the topics covered are what practitioners should expect when the courts open, the strategic implications for litigation, and the potential challenges that lie ahead. Tyler shares insights on the specialized jurisdiction of the Business Court, the statewide reach of the 15th Court of Appeals, and how these changes could reshape legal practice in Texas.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Exploring Procedural Justice | Judge Steve Leben

Thu, 30 May 2024 10:00:00 -0400

Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This makes it imperative for judges to leave participants in the system feeling that they have been treated fairly and respectfully. This procedural justice goes beyond just outcomes, focusing on the fairness of the processes used to make decisions. In this episode, Todd Smith and Jody Sanders talk with Judge Steve Leben, formerly of the Kansas Court of Appeals, about procedural justice and its role in shaping public perception of the court system. Judge Leben explains that procedural justice focuses on making the court process fair, understandable, and respectful for everyone involved. This episode serves as a valuable reservoir of insights for those interested in bolstering public trust and confidence in the integrity of the legal system.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick

Thu, 16 May 2024 12:05:00 -0400

Preparation is the key to winning at trial, and focus groups are a powerful tool for ensuring that a case is trial-ready. In this episode of the Texas Appellate Law Podcast, hosts Todd Smith and Jody Sanders visit with Austin-based trial lawyer and consultant Elizabeth Larrick of the Larrick Law Firm. Elizabeth shares her passion for helping lawyers prepare for trial using focus groups and jury feedback, detailing her journey from practicing personal injury law to becoming a trial consultant. Tune in to learn how focus groups can enhance trial readiness and help lead to successful outcomes.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Tips for Persuasive Legal Writing | Luther Munford

Thu, 02 May 2024 10:00:00 -0400

Lawyers are professional writers, and the ability to write persuasively is more important than ever. In this episode, Luther Munford, an appellate expert and former law professor, joins Todd Smith and Jody Sanders for an insightful discussion on the principles of persuasive legal writing. Luther emphasizes the importance of ethos, logos, and pathos in crafting compelling arguments, while also advocating for brevity and clarity to aid with comprehension. Drawing from his extensive experience, Luther offers practical advice on structuring briefs effectively and avoiding common pitfalls. Tune in for valuable insights on how to present your case in the most persuasive way possible.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Winning Cases on Legal Issues Before and During Trial

Thu, 18 Apr 2024 10:00:00 -0400

As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this episode Todd Smith and Jody Sanders discuss ways parties can address legal issues before, during, and after trial that can simplify or dispose of a case. This episode offers practitioners effective ways to save their clients time, money, and the stress and uncertainty litigation creates.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Navigating Federal Tort Claims on a National Scale | Tom Jacob

Thu, 14 Mar 2024 10:00:00 -0400

Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under the Federal Tort Claims Act. Tom highlights the groundbreaking Sutherland Springs mass-shooting case, in which his firm secured a $230 million verdict against the Air Force. He also shares insights into the role of technology in legal practice, including how he leverages his coding skills to streamline his work. Join us for an engaging conversation about the intersection of law, technology, and advocacy.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman

Thu, 29 Feb 2024 13:00:00 -0400

Judicial clerkships can provide unparalleled access and prestige to young lawyers just entering practice. But because the judiciary requires confidentiality and secrecy to operate properly, often law students don’t know what to expect. The Legal Accountability Project is working to change that by making the system more transparent for law schools and law students. In this episode, Todd Smith and Jody Sanders explore the Legal Accountability Project’s goals in a discussion with LAP founder Aliza Shatzman and board member Appellate Court of Maryland Judge Doug Nazarian. They discuss their new initiative for judges, the Legal Accountability Project Pledge, which they are using to help create a more transparent, diverse, and rewarding clerkship system. They also talk about the rollout of LAP’s clerkship database of surveys from clerks on the various judges. Finally, Judge Nazarian shares his experience working in Maryland appellate courts.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Tackling Bullying in the Legal Profession | Scott Stolley

Thu, 18 Jan 2024 14:08:00 -0400

In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from interactions with opposing counsel and judges to the challenges of managing clients and relationships with lawyers in the same firm. Tune in for a deep dive into how lawyers can counteract bullying behavior through professionalism, resilience, and respectful advocacy.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

How Lawyers Should Approach Implementing AI into Their Practices | Tim Armstrong

Thu, 04 Jan 2024 11:00:00 -0400

Artificial intelligence is a technological evolution that’s reshaping the future of law. But its rapid ascent contains both benefits and potential pitfalls for the unwary. In this episode, former Vinson & Elkins executive Tim Armstrong visits with Todd Smith and Jody Sanders about the evolving landscape of AI and its potential impact on the legal profession. Tim covers ways AI can change day-to-day tasks, like managing documents and conducting research and discovery. He also shares his personal experience from several decades of watching the shift from traditional practice to the digital forefront. Tim also provides practical insights on how attorneys can engage, learn, and adapt to stay ahead of the curve as AI continues to change the way we practice.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Happy Holidays and Parting Thoughts for 2023

Fri, 22 Dec 2023 15:51:56 -0400

In this special year-end episode of the Texas Appellate Law Podcast, hosts Jody Sanders and Todd Smith reflect on the year, express gratitude to their audience and sponsors, and revisit past episodes relevant to coping with the holidays. They also touch on recent developments in Texas appellate law, including new rules from the Texas Supreme Court. The episode closes with holiday wishes and anticipation for exciting new content in 2024.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards

Thu, 14 Dec 2023 11:00:00 -0400

Finding a career in the law and finding something you’re passionate about don’t always intersect. But McKenzie Edwards, a trial lawyer with Cleveland | Krist PLLC in Austin, has managed to do both. Starting in law school, she saw the inconsistent and nebulous rules concerning how and when a state seeks the death penalty. This inspired her to represent defendants in death penalty cases. Through pro bono, she’s managed to continue that practice, while also working on civil cases. In this episode, McKenzie joins Jody Sanders and Todd Smith to discuss her perspectives on the death penalty and how state and federal law has created a complicated, often unnavigable, framework that leaves defendants behind. She also discusses how to find rewards through pro bono work.

Twitter: @mckeds

LinkedIn: https://www.linkedin.com/in/mckenzie-n-edwards

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Addiction and the Recovery Journey for Lawyers | Brian Cuban

Thu, 30 Nov 2023 11:00:00 -0400

Mental health struggles and addiction are more common than we realize, especially among attorneys. In this episode, Brian Cuban, author of The Addicted Lawyer: Tales of the Bar, Booze, Blow, and Redemption, delves into addiction and the recovery journey for lawyers. As an advocate for mental health awareness and recovery, Brian shares his personal story, which includes psychiatric struggles, in-patient treatment facilities, and jail. He also covers his experience as an author and his shift into writing fiction. Tune in to this inspiring episode for a roadmap to finding the point of acceptance and a positive path forward.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Emerging Ethical Issues for Lawyers Using AI | Derek Bauman

Thu, 16 Nov 2023 11:00:00 -0400

Artificial intelligence is rapidly evolving and is beginning to impact almost every aspect of our lives. The legal industry is no exception, and numerous ethical issues have emerged as a result. In this episode, Todd Smith and Jody Sanders explore the ups and downs of lawyers using generative AI with Derek Bauman of Feldman and Feldman in Houston. Derek emphasizes the importance of understanding AI's limitations and the ethical implications of using it. Using real-life examples, he also delves into the consequences of relying too heavily on AI-generated content in court submissions.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

A Longtime Trial Judge's View from the Appellate Bench | Justice Gisela Triana

Thu, 02 Nov 2023 10:00:00 -0400

Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has served the State in a variety of roles. She joins Todd Smith and Jody Sanders in this episode to discuss the insights she has gained over the course of her career. She also offers tips to appellate practitioners in both trial and appellate courts. Finally, she discusses the likely impact of the new Fifteenth Court of Appeals on the Third Court’s docket.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Inside the Fourth Court of Appeals' Clerk's Office | Michael Cruz

Thu, 19 Oct 2023 10:00:00 -0400

In a world of electronic filing, fewer attorneys see appellate court clerks in person. It’s easy to forget how critical their role is to keeping the courts open, efficient, and accessible. In this episode, Michael Cruz, clerk of the Fourth Court of Appeals in San Antonio, joins Todd Smith and Jody Sanders to talk about how he and his staff make that happen. Michael shares insights into the host of responsibilities an appellate clerk’s office handles and how they manage to serve as both the court’s support unit and its public face. He also shares some of his favorite moments and public interactions. Listen in to learn more about the unsung heroes that keep our courts running smoothly.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Supersedeas and Other Recent Rule Changes

Thu, 28 Sep 2023 10:00:00 -0400

Legislative session years in Texas always bring uncertainty into legal practice. When the Legislature passes new laws impacting courts, the Texas Supreme Court has to make rules to give those laws effect. This week Todd Smith and Jody Sanders discuss several recent rule changes and additions from the Texas Supreme Court that will impact trial and appellate lawyers. These include important changes to supersedeas rules, electronic filing of orders and judgments, and permissive appeals. Join them for a detailed breakdown of the changes and how it might impact your practice.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard

Thu, 14 Sep 2023 10:00:00 -0400

Join us as we unpack the highlights of the 88th Texas Legislature. In this episode, Jerry Bullard discusses the ins and outs of business courts and their potential impact, plus other intriguing legal developments. He takes us on a legislative rollercoaster, touching on topics like online ticket sales, unauthorized disclosure of judicial opinions, and fascinating changes in bonds for legal appeals. Throughout the episode, Jerry breaks it all down, providing a candid and insightful view of what's on the horizon for Texas law. Whether you're a legal pro, an interested citizen, or just someone looking for engaging stories from the Texas legislature, this episode has something for you.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Taking Control of Your Practice by Setting Boundaries | Kiele Linroth Pace

Thu, 27 Jul 2023 10:00:00 -0400

This episode of the Texas Appellate Law Podcast is a deep dive into the subtle art of setting boundaries in the legal profession. Join Todd Smith and Jody Sanders as they visit with mindset mastery coach and experienced lawyer Kiele Linroth Pace, who sheds light on how boundary-setting can be the key to a flourishing career. Kiele reveals her insights on dealing with challenging clients, navigating difficult legal positions, and preserving ethical integrity. Learn how setting boundaries not only benefits lawyers but also has a profound impact on client satisfaction. Tune in to discover how saying "no" in the right situations can lead to long-term success and improve lawyers’ mental health. Whether you're a seasoned legal professional seeking a fresh perspective or a law firm associate navigating the challenges of client interactions, this episode offers invaluable tips on achieving balance, fulfillment, and excellence in the legal world.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

How to Become Board-Certified in Civil Appellate Law | Kelley Morris

Thu, 29 Jun 2023 10:00:00 -0400

Texas is one of the few states that offers a certified specialty in civil appellate law. In this episode, Kelley Morris, a partner at Wright Close and Barger in Houston, joins Jody Sanders and Todd Smith to talk about her experience going through the Texas Board of Legal Specialization process and successfully preparing for and taking the notoriously difficult specialization exam. Kelley also discusses her career, including a clerkship with the Texas Supreme Court, practicing in different-sized firms, and a mid-career federal clerkship. She offers interesting insights, contrasts, and takeaways from her extensive experience.

Twitter: @kelleyclark_son

LinkedIn: www.linkedin.com/in/kelleycmorris

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Systems and the Emergence of AI in Law Practice | Ernie Svenson

Thu, 15 Jun 2023 10:00:00 -0400

So many technology tools exist today that can enable attorneys to practice more efficiently and effectively. But attorneys often either don’t know about these tools or fear implementing them. In particular, much anxiety surrounds the implications of AI for the legal industry. In this episode, Todd Smith and Jody Sanders visit with Ernie Svenson—a former big-firm attorney who focuses on helping solo and small-firm lawyers leverage automation, outsourcing, and efficiency—about ways lawyers can incorporate legal technology to improve their practices and lives. Ernie sheds light on the strategies, tools, and trends that can shape the future of legal services. He also discusses the rise of AI and ways lawyers can use tools like ChatGPT cautiously but effectively.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Understanding the SCOTUS Shadow Docket | Steve Vladeck

Thu, 01 Jun 2023 10:00:00 -0400

In recent years, the U.S. Supreme Court has taken fewer cases on its merits docket. But it has increased the volume of its “shadow docket,” where it has traditionally handled procedural matters like stays. As a result of this shift, the Court is making wide-ranging decisions without traditional merits briefing or oral argument. In this episode, University of Texas Law Professor Steve Vladeck joins Todd Smith and Jody Sanders to discuss the changes in the shadow docket and his book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Professor Vladeck sheds light on this lesser-known aspect of the Supreme Court's workings and its implications for our democracy. He discusses the shadow docket’s historical use and its impact on precedent, and he highlights recent departures from traditional norms in the Court's behavior, making a persuasive case for its problematic nature.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

A Lawyer’s Guide to Blockchain and Cryptocurrency | Nelson Ebaugh

Thu, 18 May 2023 10:00:00 -0400

Cryptocurrency and blockchain are terms that have repeatedly found their way into legal headlines recently. But many practitioners and judges aren’t yet familiar with what they are or the legal implications they present. In this episode, Jody Sanders and Todd Smith join Nelson Ebaugh, a litigator and appellate attorney in Houston, to discuss this technology and the legal issues it raises. Nelson has found himself on the forefront of cryptocurrency litigation and provides a history and understanding that’s accessible to laypeople. He also offers insights into areas of the law that have started affecting cryptocurrency (like securities, criminal law, and privacy), where legal issues will continue to develop, and how attorneys can position themselves to have an impact.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsor:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

The Portia Project Podcast Crossover Episode | M.C. Sungaila

Thu, 20 Apr 2023 10:00:00 -0400

In this special joint episode, Jody Sanders and Todd Smith join their friend M.C. Sungaila to celebrate the 100th episode of her podcast, The Portia Project. Together, Jody, Todd, and M.C. talk podcasting, things they’ve learned, and memorable guests. Join them as their share their collective wisdom from more than 200 podcast episodes.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Don't California My Texas! | Tim Kowal & Jeff Lewis

Thu, 06 Apr 2023 10:00:00 -0400

Is the Texas Appellate Law Podcast relocating? Not exactly. But in this crossover episode with The California Appellate Law Podcast, Todd Smith and Jody Sanders chat with their California counterparts, Tim Kowal and Jeff Lewis. Together, they share their experiences launching a podcast in the middle of the pandemic, their favorite (legal) war stories, and how the justice systems of their respective states responded to COVID-19 restrictions. They also discuss similarities and differences between the respective states’ appellate systems.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Special Announcement | Taking Over California

Sat, 01 Apr 2023 10:00:00 -0400

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Checking In On The 88th Texas Legislature | Jerry Bullard

Thu, 23 Mar 2023 10:00:00 -0400

Every two years, the Texas Legislature meets. During that process, legislators file dozens of bills that potentially impact legal practice and the court system. Luckily, Texas lawyers can rely on Jerry Bullard to provide insight and context on the various proposals. In this episode, Jerry joins Todd Smith and Jody Sanders to talk about what’s going on at the 88th Legislative session that may interest legal practitioners. Will we get a statewide court of appeals or a reorganization of the appellate system? What about the creation of business courts? Join us to learn about what’s potentially on the agenda for this session.

Love the show? Subscribe, rate, review, and share!

A special thanks to our sponsors:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

"So Many First Amendment Violations, So Little Time" | Tom Leatherbury

Thu, 09 Mar 2023 11:00:00 -0400

Many lawyers go to law school thinking that they want to litigate weighty Constitutional questions. But those cases don’t often arise in regular practice. One area that does implicate the Constitution is First Amendment law, which winds through so many aspects of civil practice. Few people know that better than Tom Leatherbury, the founder and director of SMU’s First Amendment Clinic. Tom joins Todd Smith and Jody Sanders to discuss his background in appellate law and his particular knowledge and expertise in First Amendment law. He also shares details about SMU’s clinic—how it started and what they do to help litigants and train a new generation of attorneys interested in these important principles.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Court Surety Bond Agency

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Bringing Family Law Expertise to SCOTX | Justice Debra Lehrmann

Thu, 23 Feb 2023 11:00:00 -0400

Justice Debra Lehrmann has served on the Texas Supreme Court longer than any woman before her. But even before that historic tenure, she served as a family law judge for many years. She joins Todd Smith and Jody Sanders in this episode to talk about her judicial experience and how her family law knowledge has impacted her career and the Supreme Court’s decisions. She also shares her insights about the Texas Supreme Court and the recent changes in the Court’s orders and rules relating to remote proceedings.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Ramping Up for 2023

Thu, 09 Feb 2023 11:00:00 -0400

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Jury Charges and Oral Argument | David Keltner

Thu, 26 Jan 2023 11:00:00 -0400

When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury charge includes the right questions and instructions or that error is preserved from the failure to do so. In this episode, Jody Sanders and Todd Smith continue their conversation with David Keltner, who shares his unmatched expertise in crafting and objecting to jury charges. David also offers his insights on oral argument and ways to use that time valuably to assist an appellate court in crafting the most favorable opinion.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

The Evolution of Texas Appellate Practice | David Keltner

Thu, 12 Jan 2023 11:00:00 -0400

Texas has one of the most developed appellate bars in the nation. That comes from years of dedicated attorneys working to implement standards and practices that have benefitted the State’s legal system. David Keltner, a partner at Kelly Hart & Hallman, is one of those attorneys. David is a living appellate legend in Texas and has helped shape appellate practice in Texas for more than 45 years. He joins Jody Sanders and Todd Smith to discuss his background as a practitioner and appellate justice and his firsthand experience watching the evolution of appellate practice in Texas. He also shares his insights of creating workable approaches to appellate briefing and arguments.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Self-Care During the Holiday Season and Beyond

Thu, 15 Dec 2022 11:00:00 -0400

Previous episode discussed:

Chris Ritter: https://podcasts.apple.com/us/podcast/well-being-strategies-for-the-pandemic-and-the/id1504009131?i=1000501198802

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge

Thu, 01 Dec 2022 11:00:00 -0400

Very few civil cases end up going to trial. But even fewer have been tried since the pandemic hit. Like everything else, strategies to resolve cases through mediation, arbitration, and other alternative dispute resolution methods have had to change as well. In this episode, Jody Sanders and Todd Smith talk with Senior Judge, mediator, and arbitrator John Wooldridge about how attorneys can better utilize those processes post-pandemic. Judge Wooldridge also shares some insights for attorneys mediating cases on appeal and discusses a little-known way to clear up civil case backlogs—through use of a special judge procedure under Texas Civil Practice and Remedies Code chapter 151. Join us to discover new ways to get those long-pending cases resolved!

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Happy Thanksgiving from the Texas Appellate Law Podcast!

Thu, 24 Nov 2022 11:00:00 -0400

Jody and Todd express their gratitude to the show's listeners, sponsors, and supporters. Happy Thanksgiving!

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

The Intersection of Appellate Law and Public Interest Practice | Hannah Mullen

Thu, 10 Nov 2022 11:00:00 -0400

Public-interest litigation is not for the faint of heart. So often, attorneys find themselves battling opponents with resources and influence or precedent that makes it difficult to prevail. But fighting to preserve rights and help vulnerable clients provides many different rewards. In this episode, Jody Sanders and Todd Smith interview Hannah Mullen, a staff attorney at the Council on American-Islamic Relations, Legal Defense Fund (CAIR LDF), about practicing public-interest litigation and its benefits and challenges. Hannah also shares her experience as a fellow in the Georgetown Immersion Clinic and her perspective on trial versus appellate practice.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Judging and Advocacy at Every Level | Justice Jane Bland

Thu, 27 Oct 2022 10:00:00 -0400

Few judges in the Texas court system can claim to have served at every level—trial court, appellate court, and Texas Supreme Court. But this week’s guest, Justice Jane Bland, has done all three! Her career of service to the people of Texas gives her a unique perspective on how the judicial system should work. Justice Bland joins Jody Sanders and Todd Smith to talk about her career path, from her journey as a Fifth Circuit clerk who later went into private practice with her mentor, and through the Texas judicial system. She also discusses efforts by her and other stakeholders to make the justice system more accessible to people with mental disabilities and her role as liaison to the Texas Supreme Court Historical Society.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Practicing Before the U.S. Supreme Court | Kannon Shanmugam

Thu, 13 Oct 2022 10:00:00 -0400

For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group, arguing before the Supreme Court is a regular occurrence. Kannon joins Jody Sanders and Todd Smith to discuss his path to Supreme Court advocacy and some of the unique challenges it offers. Kannon also discusses the stiff competition for Supreme Court-bound cases and breaks down advocacy tips for attorneys at every level of the court system. Join us to learn more about practicing before the nation’s highest court.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Reporting on the U.S. Supreme Court | Greg Stohr

Thu, 29 Sep 2022 10:00:00 -0400

The U.S. Supreme Court always remains newsworthy, but the last few years have brought unprecedented change to the institution and the public’s perception of it. Greg Stohr, the Supreme Court reporter for Bloomberg News, has maintained a front-row seat for more than two decades. In this episode, Greg joins Todd Smith and Jody Sanders to recount some of his firsthand observations of history in the making, including his award-winning coverage of the Court’s Bush v. Gore decision. He also recounts his career from law school to journalism, the 2012 case on Obamacare, the CIA leak, and more. Greg then gives his insights on the differences between journalistic writing and legal writing and shares his opinions on the implications of issues currently before the Supreme Court.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Extending Title VII to Federal Judicial Employees | Aliza Shatzman

Thu, 15 Sep 2022 10:00:00 -0400

Judicial clerkships have traditionally served an important role in helping attorneys transition into practice and learn from experienced judges and practitioners. But the power imbalance between judge and clerk and the cloak of confidentiality surrounding judicial proceedings sometimes puts clerks in bad situations. Further, employment laws like Title VII of the Civil Rights Act of 1964 do not apply to the judicial branch. Aliza Shatzman, Co-Founder and President of The Legal Accountability Project, talks to Jody Sanders and Todd Smith about how she’s working to change that. Aliza advocates throughout the United States for passage of the Judiciary Accountability Act (JAA), which would extend Title VII to federal judicial employees. She also is working through the Legal Accountability Project to collect and provide clerk-based reporting of clerkship experiences in a database available to law students. Join us for a discussion with Aliza about how changes to the clerkship process and judiciary can improve the clerking experience.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Legal Writing for the New Generation | Chad Baruch

Thu, 01 Sep 2022 10:00:00 -0400

Any Texas attorney who has been to a legal writing CLE knows Chad Baruch of Johnston Tobey Baruch. Chad has taught countless attorneys throughout the United States how to provide engaging and analytical briefing in both trial and appellate courts. In this episode, he joins Todd Smith and Jody Sanders to share some of his tips and insights for improving your written product, such as the body of the brief, table of contents, flow of the argument, headings, statement of facts, choice of words, and many more. He also shares his journey into appellate law and different adventures he’s had along the way.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

How Voir Dire Fits with Appellate Practice | Robert Swafford

Thu, 18 Aug 2022 10:00:00 -0400

Conducting an effective voir dire is both a science and an art. But ensuring that attorneys ask the correct questions to support challenges and objections requires careful planning and strategy. It also requires on-the-spot evaluations of the individual jurors and their responses. To help attorneys obtain the best jury panel, Robert Swafford, an attorney and jury consultant, created the Strike for Cause jury-selection method. Robert talks with Todd Smith and Jody Sanders about jury selection and the opportunities it presents for both trial and appellate attorneys. Robert also discusses ways that attorneys can use venire challenges and error preservation to prepare for and conduct their examination.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Potential Changes to SCOTX Petition Practice | Justice Evan Young

Thu, 04 Aug 2022 10:00:00 -0400

Texas Supreme Court Justice Evan Young’s career has taken him many different places—the United States Supreme Court, Iraq, and now the Texas Supreme Court. Join Todd Smith and Jody Sanders as they host Justice Young for a discussion of his path in the law and his transition from practitioner to judge. Justice Young provides a unique, behind-the-scenes perspective on the Texas Supreme Court and its operations. He also discusses potential changes in how the Court handles petitions for review—including granting a petition before requesting merits briefing—that will impact the approach advocates should take.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Reflections on 100 Episodes

Thu, 21 Jul 2022 10:00:00 -0400

This week, co-hosts Todd Smith and Jody Sanders celebrate the Texas Appellate Law Podcast’s 100th episode! When they started the podcast just before the pandemic hit in 2020, neither of them could have imagined how much they would learn, how much fun they would have, and all the great people they would meet. To celebrate, Todd and Jody count down their top ten tips from their guests—from finding your niche to riding out the arc of despair—and a few bonuses. Please join us to celebrate and hear some of the best the podcast has to offer, plus some takeaways and gratitude!

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Innovation in the Business of Law | Rocky Dhir

Thu, 07 Jul 2022 10:00:00 -0400

Some lawyers start their career knowing that they want to change the legal landscape. One way to make an impact is to embrace legal technology, including artificial intelligence and cybersecurity. This week, Todd Smith and Jody Sanders talk with Rocky Dhir, founder of Atlas Legal Research, about legal innovations and how he scaled his business to meet the changing legal market. Learn how Rocky got his internship with Judge Buchmeyer by doing celebrity impersonations. Find out what he does in Atlas, like writing legal briefs and his side job hosting the Texas Bar Podcast.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Communicating Effectively With In-House Counsel | Karen Delaney

Thu, 23 Jun 2022 10:00:00 -0400

Many attorneys start their careers in a law firm setting. Often, those roles require working with in-house counsel to provide legal services to a company. How can attorneys transition from a client service role into working directly for the client? Join Todd Smith and Jody Sanders as they visit with Karen Delaney of Delaney Legal PLLC about her experience going from law firm to in-house to solo practice. Karen provides advice for attorneys who are looking to change their practice or role and how to navigate different paths. She also offers tips for attorneys in any legal job to communicate effectively with in-house and non-legal decision makers to help them reach their business and organizational goals. Finally, she discusses the pros and cons of setting up a virtual legal practice.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

A Look Inside UT Law's U.S. Supreme Court Clinic | Erin Busby

Thu, 09 Jun 2022 10:00:00 -0400

For the lucky few who get them, U.S. Supreme Court clerkships provide a lifetime of memories in a single year. But imagine if your clerkship included not only working for a Supreme Court Justice, but also with a future Supreme Court Justice. For Professor Erin Busby, the Co-Director of the Supreme Court Clinic at the University of Texas School of Law, that turned into a reality when her co-clerk, Justice Ketanji Brown Jackson, was confirmed to replace Justice Stephen Breyer. Professor Busby joins Todd Smith and Jody Sanders to discuss her clerkship experience and offer her insights on the clerkship process, particularly for interested law students. Professor Busby also describes the outsized impact that UT’s Supreme Court Clinic has at the U.S. Supreme Court.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

"Walking the Walk" on Lawyer Well-Being | Bree Buchanan

Thu, 26 May 2022 10:00:00 -0400

Serving clients as their advocate takes a toll—mentally, emotionally, and physically. Bree Buchanan, Senior Advisor at Krill Strategies and former director of the Texas Lawyers’ Assistance Program, is all too familiar with this problem. After years of representing clients in traumatic cases, Bree relied on alcohol to cope. As she began her recovery, Bree developed a passion for helping other lawyers take care of their own well-being. In honor of Mental Health Awareness Month, Bree joins Todd Smith and Jody Sanders to share her experience and tips on how attorneys can care for themselves and others. She also discusses her role at the Institute for Well-Being in Law and their efforts to reshape the profession to support attorney wellness and recovery.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Handling Appeals from Veterans Claims | Chris Attig

Thu, 12 May 2022 10:00:00 -0400

The military veteran community has lots of legal needs, including legal assistance in handling veterans’ claims stemming from their service. These brave men and women often lack access to experienced advocates to help in this area, including the appellate process. In this episode, Todd Smith and Jody Sanders discuss veterans’ claims and appeals with Chris Attig, a founding partner of Attig, Curran, Steel. Chris and their team are some of our nation’s leading veterans’ advocates and are well-versed in the process. Chris shares their experience and offers tips to practitioners who might have an interest in gaining appellate experience while helping one of the most underserved populations. Chris also discusses their military background and path into appellate law as well as their firm’s focus on attorney well-being.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Enhancing Your Visibility Through Media Commentary | David Coale

Thu, 28 Apr 2022 10:00:00 -0400

While lawyers are used to reading and speaking legalese, breaking complex legal concepts into digestible bits is a talent not all lawyers have. But, with legal issues and court proceedings frequently in the news, it’s becoming an increasingly necessary skill set. This is particularly true when attorneys need to speak to the media about legal issues and cases. This episode’s guest, David Coale, a partner at Lynn Pinker Hurst & Schwegmann, LLP, has developed a talent for addressing hot legal topics in the media. David shares with Todd Smith and Jody Sanders how he uses his blog and podcast to produce media commentary about various aspects of the law that anyone can easily understand. He also offers tips for attorneys discussing their own cases or broader legal concepts in the media and how to protect their clients’ interests while educating the public.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Employment Law and Attorney Fees from the Employee Perspective | Jason Smith

Thu, 14 Apr 2022 10:00:00 -0400

Employment cases present unique challenges in both state and federal courts. Attorneys who practice in that area have to operate comfortably in both forums and understand some of the traps that less experienced practitioners might miss. Sole practitioner Jason Smith has been practicing employment law in trial and appellate courts for most of his career. Jason joins Todd Smith and Jody Sanders to discuss how he handles those cases and ways to thrive in solo practice. He also discusses the impact of his time working as a briefing attorney and staff attorney at the Texas Supreme Court. Jason offers his unique perspective on using the law to help clients and right wrongs.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Introducing The Portia Project | M.C. Sungaila

Thu, 31 Mar 2022 10:00:00 -0400

This episode features the Texas Appellate Law Podcast’s first three-time guest, M.C. Sungaila. She joins Todd Smith and Jody Sanders to discuss her new podcast, The Portia Project, which chronicles the careers of women judges and lawyers and their impact on the legal profession. M.C. discusses what drove her new project, as well as her goal of inspiring a new generation of women lawyers and law students. Join us to hear about the podcast and how we can continue to make the legal profession more inclusive.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Addressing Burnout in the Legal Profession | Katie Rose Guest Pryal

Thu, 17 Mar 2022 10:00:00 -0400

To practicing attorneys, the pandemic seemed to change the legal system overnight. These changes, along with preexisting systemic issues, underlie the mental-health crises that affect attorneys throughout the profession—depression, anxiety, burnout, and substance abuse. Attorneys need to acknowledge and understand those conditions, as well as how to address them properly. This episode features Katie Rose Guest Pryal, an author, educator, and attorney who researches and writes on disability and mental-health issues, focusing on public discourse, mental illness, and neurodiversity. Being neurodiverse herself, Katie strives to make the world more accessible through her scholarship and teaching. She discusses the challenges of addressing mental health and how to cope with burnout in our ever-changing world.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Developing a Niche Within Your Law Practice | Zach Wolfe

Thu, 03 Mar 2022 11:00:00 -0400

Attorneys sometimes struggle to set themselves apart from their peers. One way is to find a niche and develop expertise. This is true for appellate lawyers, who, though already focused on appellate law, can cultivate unique areas of knowledge within that specialty. In this episode, Todd Smith and Jody Sanders find out what it takes to carve out a niche with non-compete and trade-secret litigation lawyer Zach Wolfe. Zach shares his experience in litigation and transitioning from working at a law firm to starting his own practice. Zach also takes a look at how the Texas advertising rules have changed and how attorneys can use them to better market themselves.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Serving as Appellate Counsel on a Trial Team | Kirk Pittard

Thu, 17 Feb 2022 11:00:00 -0400

Sometimes an appellate attorney’s most important work never reaches an appellate court. Appellate counsel can play a critical part in trial court proceedings—helping make a record, making legal arguments, and assisting trial counsel with issues that might come up on appeal. Kirk Pittard, one of the founders of Durham, Pittard & Spalding, LLP, relishes that role. He specializes in civil appeals, but spends much of his practice helping trial lawyers in state and federal trial courts. In this episode, Kirk joins Todd Smith and Jody Sanders to discuss that function and offer tips for trial and appellate attorneys about maximizing value by adding appellate counsel to a trial team.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Criminal Appeals from the Federal Public Defender's Perspective | Matthew Wright

Thu, 03 Feb 2022 11:00:00 -0400

The right to criminal defense counsel is a cornerstone of our justice system. This is particularly true in federal courts, where the stakes in criminal trials are very high. One of the ways we meet this constitutional guarantee is through the federal public defender system, which provides trial, appellate, and post-conviction services to criminal defendants in federal courts. In this episode, Todd Smith and Jody Sanders talk with Matthew Wright, an Assistant Federal Public Defender for the Northern District of Texas. Matthew shares his experiences and insights as counsel in criminal appeals and discusses how his office provides services to defendants at all stages of the federal criminal justice system.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Overseeing the Texas Pattern Jury Charges | Judge Dan Hinde

Thu, 20 Jan 2022 11:00:00 -0400

Texas attorneys know the Pattern Jury Charges as valuable guide to properly instructing a jury at trial. But most don’t know all the work that goes into creating and updating the various volumes. In this episode, Todd Smith and Jody Sanders visit with Judge Dan Hinde, Chair of the State Bar’s Pattern Jury Charge Oversight Committee, about the process by which new editions are developed and published every two years. A board-certified civil trial lawyer who spent more than 10 years as judge of Harris County’s 269th District Court before becoming a partner at Schiffer Hicks Johnson, PLLC in Houston, Judge Hinde discusses his experience on the bench and the PJCs’ importance and utility in jury cases. He also provides insight on the work that goes into each volume and its subsequent updates and how attorneys throughout Texas work to provide practitioners with the best possible resource to use when preparing jury charges.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

A Primer on the Texas Bar Disciplinary System | Seana Willing

Thu, 06 Jan 2022 11:00:00 -0400

The Texas Bar is a self-regulating entity—it handles attorney discipline through a unique procedural process. Although most attorneys steer clear of professional discipline, it’s important for practitioners to know about the disciplinary system and how it works. This week, Todd Smith and Jody Sanders sit down with an expert on this topic, Seana Willing, Chief Disciplinary Counsel for the State Bar of Texas. Seana provides a helpful primer on the attorney disciplinary system and the number and types of complaints the State Bar sees. Join us for a conversation important to all Texas lawyers.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Proudly presented by Butler Snow LLP

Join the Texas Appellate Law Podcast Community today:

Happy Holidays from the Texas Appellate Law Podcast!

Wed, 22 Dec 2021 11:00:00 -0400

As 2021 comes to a close, co-hosts Todd Smith and Jody Sanders pause to thank listeners and followers of the Texas Appellate Law Podcast. During the holiday break, we recommend revisiting our 2020 interview with Chris Ritter on Well-Being Strategies for the Pandemic and the Holidays. See you in 2022!

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

Expanding Pro Bono Appellate Services | Mike Truesdale

Thu, 16 Dec 2021 11:00:00 -0400

Although Texas has more than 100,000 licensed attorneys, many of its residents’ legal needs remain unmet. This is particularly true in appellate courts, where fewer attorneys practice. Luckily, Texas lawyers, judges, and bar leaders have worked to connect unrepresented litigants with counsel willing to handle their appeals pro bono. In this episode, Todd Smith and Jody Sanders visit with appellate specialist Michael Truesdale about pro bono appellate services and programs in Texas, Mike’s involvement in launching some of those projects, and his continued efforts to raise awareness and expand their reach. Mike also talks about how attorneys can get involved and how pro bono appellate work can serve those needing access to legal representation while providing pro bono counsel with valuable learning opportunities and experience.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

What Lawyers Need to Know About Cybersecurity | Dennis Van Metre

Thu, 09 Dec 2021 11:00:00 -0400

As technology becomes more sophisticated, so too do the security issues its users encounter. These challenges impact attorneys and law firms particularly, as they regularly deal with confidential data and privileged information. Often, however, attorneys and law firms remain unaware or unprepared for potential traps. But there are resources to address these threats. That's what Dennis Van Metre, this week’s guest, aims to do as Chief Information Officer at Vinson & Elkins in Houston. Dennis chats with hosts Todd Smith and Jody Sanders about how attorneys can prepare for security threats, identify areas of concern, and work to protect both themselves and their clients.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

An Unexpected Path to the Appellate Bench | Justice Rebeca Huddle

Thu, 02 Dec 2021 11:00:00 -0400

People take many paths into the practice of law. These varied experiences provide important perspectives that enrich and improve the legal industry. This week, Todd Smith and Jody Sanders talk with Texas Supreme Court Justice Rebeca Huddle about her path to legal practice and, ultimately, a place on Texas’s highest civil court. Justice Huddle discusses her experience as a teacher, in private practice with a large firm, as a Justice on Houston’s First Court of Appeals, and at the Texas Supreme Court. She also discusses the importance of mentoring young attorneys.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

Authenticity and Finding Your Place in the Law | Karen Vladeck

Thu, 18 Nov 2021 11:00:00 -0400

Balancing professional obligations with self-care is a major challenge for lawyers. It’s easy for attorneys to overload themselves with work, activities, and commitments, often stretching themselves too thin and straining their personal relationships. This week, Karen Vladeck a partner at Wittliff | Cutter PLLC and co-host of the In Loco Parent(i)s, podcast, joins Todd Smith and Jody Sanders to discuss how attorneys can find the right balance for themselves in the law. Karen talks about ways to meet professional and client needs while also making time to parent and pursue other interests. She also discusses how law is not a one-size-fits-all profession, how attorneys can adapt to find fulfilling careers, and the need for authenticity in both law practice and relationships.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

Building a Library of Law Practice Advice | Jonah Perlin

Thu, 11 Nov 2021 11:00:00 -0400

There are many different ways to practice law and many types of law to practice. Law students and young attorneys often don’t know where to turn for advice about their options. Luckily, in addition to his teaching and scholarship, Jonah Perlin, a Legal Practice Professor at Georgetown University Law Center, provides a unique resource for the public through his How I Lawyer Podcast. In this week’s episode, Jonah trades his role as a podcast host for that of a podcast guest. Sitting down with Todd Smith and Jody Sanders, Jonah shares his background and experiences as a law clerk, practicing attorney, and law professor. He also discusses his work with the podcast, which he is using to create a library of law practice advice for students and lawyers looking to learn.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

Criminal Appeals from the DA's Perspective | Andrew Warthen

Thu, 04 Nov 2021 10:00:00 -0400

In Texas, district attorneys’ offices appear as counsel in the courts of appeals more than almost any other litigant. Beyond simply appealing or defending appeals, district attorneys have unique responsibilities as prosecutors that impact the positions they take and the arguments they make. In this week’s episode, Todd Smith and Jody Sanders sit down with Andrew Warthen, an attorney with the Appellate Division of the Bexar County District Attorney’s office. Andrew discusses his background and path to appellate prosecution, as well as the unique challenges of working as an appellate attorney within a prosecutor’s office. He also explains how appeals work within a large DA’s office and the special considerations that apply to the appeals and writs they handle.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

Why Lawyers Should Care About Typography | Matthew Butterick

Thu, 28 Oct 2021 10:00:00 -0400

Attorneys spend a lot of time choosing the right words to use in briefs and motions. But they often neglect thinking about how their words actually look on the page. Layout and typography can impact how legal work product is perceived and read. This week, Todd Smith and Jody Sanders interview an expert on how lawyers can combine solid arguments with visual appeal—writer, typographer, programmer, and lawyer, Matthew Butterick. Through books like Typography for Lawyers and Practical Typography, Matthew has encouraged many lawyers to consider how fundamental typography principles can elevate their work product. Learn how applying these ideas can turn a good brief into a great one!

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

A Different Kind of Advocacy | Amy & Steve Bresnen

Thu, 21 Oct 2021 10:00:00 -0400

Lobbying can have an outsized influence on which bills get passed and, sometimes more importantly, which ones do not. But many people don’t know what lobbyists actually do. In this week’s episode, Amy Bresnen and Steve Bresnen of Bresnen Associates explain to Todd Smith and Jody Sanders how their careers combine legislation, public policy, and advocacy in ways that most people don’t consider. They share experiences both passing and preventing bills, and how lobbyists can help shape legislation to make sure that laws don’t have bad results or unintended consequences. They also discuss the incredible workload involved in monitoring legislative bills during a session and how they interact with clients, legislators, and legislative staff during that process.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

A Texas Legislative Postmortem | Jerry Bullard

Thu, 14 Oct 2021 10:00:00 -0400

This week, Todd Smith and Jody Sanders welcome back Jerry Bullard, an attorney at Adams, Lynch & Loftin, PC, for a rundown on new statutes from the Texas Legislature’s regular and special sessions that affect trial and appellate practitioners. In this episode, you'll receive updates on bills concerning business organizations, healthcare for medical workers during the COVID pandemic, and more. The discussion includes revisions to Texas Civil Practice & Remedies Code Section 38.001, which now covers all business organizations, and bills of interest that didn’t make it out of the Legislature. Don’t miss these important updates!

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

Extraordinary Writs in Criminal Cases | Michael Falkenberg

Thu, 07 Oct 2021 10:00:00 -0400

Most appellate practitioners deal with direct appeals from trial court rulings. But criminal practitioners know that direct appeals are only part of the process. At the Texas Court of Criminal Appeals, writ practice takes up a large portion of the docket. Todd Smith and Jody Sanders sit down with an expert on writ practice, Michael Falkenberg, Supervising Attorney at the Court of Criminal Appeals. Michael overviews the types of writs the Court considers and how the process works. He also explains how technological innovations have contributed to innocence cases, particularly when new evidence emerges years after a criminal trial. He also shares some of the more interesting writs he has encountered in his legal career.

Love the show? Subscribe, rate, review, and share!

Here’s How »

A special thanks to our sponsors:

Join the Texas Appellate Law Podcast Community today:

Four Decades of Appellate Practice | Luther Munford

Thu, 30 Sep 2021 10:00:00 -0400

Over the last several decades, appellate practice has transitioned from a part of general legal practice into its own discrete specialty. Luther T. Munford, an attorney in Butler Snow LLP’s appellate and written advocacy group, has been a part of that specialization and has directly influenced its development over the last 40 years, including a term as the President of the American Academy of Appellate Lawyers. From clerkships on the Fifth Circuit and the US Supreme Court, Luther has seen appellate practice change and develop. He’s taken that experience to carve his niche in an appellate practice that has included media law, constitutional law, professional liability, and product liability defense. Luther joins Todd Smith and Jody Sanders to share his experiences and discuss his work, including his development of the Mississippi Appellate Practice guide. Join us for Luther’s insights and anecdotes!

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Extending into Other Media

Thu, 23 Sep 2021 12:59:00 -0400

In this week's episode, co-hosts Todd Smith and Jody Sanders visit about ways in which the podcast has helped them engage with other media, including hosting Twitter Spaces with previous guests, appearances on other podcasts, and interviews for online publications. They also discuss their upcoming live oral arguments and try out a "mailbag" segment by answering a question posed over Twitter.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Technology and the Future of Law Practice | Jake Heller

Thu, 16 Sep 2021 10:00:00 -0400

As technology improves, it opens new opportunities to change the way attorneys practice. From rethinking roles, tasks, and strategies to providing assistance in ways we’ve never contemplated, each year brings new opportunities for change. In this episode, Todd Smith and Jody Sanders talk to one of the people leading the technological revolution in law, Jake Heller, co-founder and CEO of CaseText. Jake explains his background in technology and law and how it led him and others to develop CaseText to make legal research better and more efficient. He also shares his thoughts on how legal technology is reshaping the industry and where it may go in the future.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Call for Guests

If you’re interested in being a guest on the Texas Appellate Law Podcast, please let us know by visiting https://bit.ly/3zapfoG.

Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd

Thu, 02 Sep 2021 10:00:00 -0400

For more than a century, oil and gas has remained the backbone of Texas’s economic growth. Despite repeated rumors that oil and gas is on the way out as an energy source, the industry continues to adapt and grow to meet new economic and technological developments. As a result, disputes over oil and gas remain an important part of Texas jurisprudence, something that today’s guest, Wesley Lloyd of Freeman Mills, PC, follows closely. Wesley’s practice focuses on litigation and appeals in energy, water, and real estate matters. Having handled both trials and appeals in oil-and-gas cases, Wesley explains the value in learning about how energy law impacts Texas practice. He also offers his personal story about taking a unique route to finding his current practice setting and the mentors that helped him along the way. Wesley also shares thoughts on remote work and adapting a practice to new technological realities.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

CALL FOR GUESTS: If you're interested in being a guest on the Texas Appellate Law Podcast, please let us know by visiting https://bit.ly/3zapfoG.

A Milestone, Twitter Spaces, and a Call for Guests

Thu, 26 Aug 2021 10:00:00 -0400

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

A Judicial Perspective on Using Technology at Oral Argument | Judge John Owens

Thu, 19 Aug 2021 10:00:00 -0400

While emerging technology has created new opportunities for the way both lawyers and the public interact with the judicial system, judges haven’t been left behind. On today’s show, Judge John Owens of the 9th Circuit Court of Appeals joins Todd Smith and Jody Sanders, along with special guest co-host M.C. Sungaila, to discuss just how technology has helped from a judicial perspective. Judge Owens discusses how judges can embrace technology to better engage with attorneys at oral argument and prepare more efficiently to decide cases. He also offers tips to attorneys who are faced with tough oral argument questions and stresses the importance of preparation. Finally, he shares stories about his federal appointment process and, with M.C. Sungaila, provides a behind-the-scenes look at how the 9th Circuit operates.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Court of Appeals Reversals from a Criminal Perspective | Jim Huggler

Thu, 12 Aug 2021 10:00:00 -0400

While trial and appellate practice are different in many ways, attorneys who understand each one are better at both. On the criminal side, Jim Huggler has managed to balance both a trial and appellate practice representing criminal defendants in state and federal courts. This week, he joins Todd Smith and Jody Sanders to discuss his practice in the different forums, his experience as course director for TexasBarCLE’s Handling Your First (or Next) Criminal Appeal program, and his study of the reasons for reversal in criminal cases. He also offers resources advice for attorneys who might want to try their hand at criminal appeals.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

The Evolution of Legal Publishing | Jason Wilson

Thu, 05 Aug 2021 10:00:00 -0400

When faced with a new legal issue, having a reliable resource to provide background information and a starting point for research is key. These resources create efficiency for clients and allow attorneys to get up to speed quickly in fast-moving matters. But, legal publishing companies have to ensure that the information they provide is trustworthy, user-friendly, and up-to-date in an ever-evolving legal world. Todd Smith and Jody Sanders address the process of writing and compiling legal reference materials by sitting down with Jason Wilson, co-founder of Bearings Legal Resources. Jason discusses his background as an appellate lawyer and staff attorney before transitioning into the legal-publishing world with the O’Connor’s practice manuals. He explains how this experience inspired him to launch a new legal publishing company to fill needs in the market that were not being served by existing publications. Jason also shares how these materials can help attorneys provide better representation in particular cases and sharpen legal expertise in new areas.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Handling the Texas Supreme Court's Public Information | Osler McCarthy

Thu, 29 Jul 2021 10:00:00 -0400

Any serious Texas Supreme Court follower knows that the Court isn’t the only institution in that courthouse. Osler McCarthy, the Court’s staff attorney for public information, is another one. Many court watchers wait eagerly on Friday mornings for Osler’s order summary email before reading the Court’s opinions for themselves. But, that position did not even exist before Osler took it on and shaped it into what it is today. In this week’s episode, Osler joins Todd Smith and Jody Sanders to discuss how he came to the job, what he has done in that role, and how he prepares his weekly summary email turning the Court’s orders and opinions into digestible information for even casual readers. He also discusses his background in journalism and how it helps with his writing, shares tips that attorneys can incorporate into their own legal writing, and reveals his future plans.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

From the Trial Bench to the Court of Criminal Appeals | Judge Bert Richardson

Thu, 22 Jul 2021 10:00:00 -0400

People often don’t realize the many nuances involved in criminal appeals. Direct appeals are only part of the process. Later writ applications can raise various issues, including ineffective assistance of counsel. This week, Judge Bert Richardson of the Texas Court of Criminal Appeals joins Todd Smith and Jody Sanders to talk about the many different paths criminal appeals and writs can take. Judge Richardson also discusses his role on Texas’s highest criminal court, the court’s pandemic response, and ways attorneys can be vigilant in criminal legal matters where the stakes are so high.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Disruption and Increasing Access to Justice | Chief Justice Bridget McCormack

Thu, 15 Jul 2021 10:00:00 -0400

COVID-19 created both challenges and solutions for courts and legal practitioners. Fortunately, many states, like Michigan, adapted quickly and were able to provide legal access throughout the pandemic. This week, Michigan Supreme Court Chief Justice Bridget McCormack joins Jody Sanders and Todd Smith to discuss her state‘s response and the tremendous opportunities for increasing access to justice that the pandemic provided. Chief Justice McCormack details the impact that technology can have on court access and connecting traditionally-underserved populations. She also offers a valuable perspective on judicial use of social media.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Leveraging Technology to Improve Legal Writing | Ross Guberman

Thu, 08 Jul 2021 10:00:00 -0400

Most legal writers know about Ross Guberman, author and founder of Legal Writing Pro. Ross was one of the first legal writing instructors to work with law firms and practitioners across the country. Ross also developed BriefCatch, a software solution that helps legal writers make their briefs and motions better. In this week’s episode, Ross talks with Todd Smith and Jody Sanders about his teaching, his books on legal and judicial opinion writing, and BriefCatch—all with the aim to improve written work product across the legal industry.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Psycholinguistics and Legal Writing | Judge Robert Bacharach

Thu, 01 Jul 2021 10:00:00 -0400

As a practitioner, federal magistrate, and now Tenth Circuit judge, Judge Robert Bacharach has seen many different types of legal writing. Recognizing that legal writing can always improve, he studied both historical writing and oratory alongside the science of psycholinguistics and found a new way to help legal writers better their craft. In this week’s episode, Judge Bacharach joins Jody Sanders and Todd Smith to share the ideas he compiled in his book, Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word. Judge Bacharach talks about his career, his path to the bench and appointment to the Tenth Circuit, and his process for writing the book. He also shares his perspective on ways to make briefing more interesting for readers while still providing valuable information.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Original Proceedings and Emergency Relief in the Courts of Appeals | Kirk Cooper

Thu, 24 Jun 2021 10:00:00 -0400

The inner workings of courts of appeals are sometimes hard to understand from the outside. Staff attorneys play a critical role in screening cases, assisting the justices, and helping the court handle its workload. This week, Todd Smith and Jody Sanders get an inside look at that process from their guest, the El Paso Court of Appeals’ Chief Staff Attorney, Kirk Cooper. Kirk gives an insider’s view of how the El Paso Court works, how it has handled challenges from the pandemic, and his background and path to appellate law.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Using AI to Improve the Briefing Process | Jacqueline Schafer

Thu, 17 Jun 2021 10:00:00 -0400

If the COVID-19 pandemic taught attorneys anything, it’s that technology can change the practice of law and maximize efficiency in ways we never thought possible. But, even before the pandemic, lawyers and innovators were looking at how technology can benefit legal practice. In this week’s episode, Todd Smith and Jody Sanders visit with Jacqueline Schafer, founder and CEO of Clearbrief, about how her company has combined artificial-intelligence technology with brief writing to help both the lawyers drafting motions and appellate briefs and the courts reading them. Clearbrief is accessible in Microsoft Word, and it automatically analyzes a document’s text against the factual and legal sources cited to test the document’s accuracy. Jacqueline shares her vision of making Clearbrief so easy to use that even lawyers who don't like technology will feel comfortable with it. Join us for a discussion of the benefits and implications that incorporating AI technology into your practice may have.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell

Thu, 10 Jun 2021 10:00:00 -0400

Unlike many states, Texas has separate high courts for civil and criminal cases. Criminal practitioners follow the Texas Court of Criminal Appeals closely because its decisions impact criminal law in every corner of the state. As a former appellate prosecutor, Judge David Newell brings a unique perspective to that Court. Judge Newell joins Jody Sanders and Todd Smith in this episode to discuss his background, his experience as a prosecutor, and his path to running for statewide election as a first-time candidate. He also provides insights on Court of Criminal Appeals proceedings and how the Court responded to the pandemic, including its adoption of new technology and practices. Finally, Judge Newell discusses the Court’s credibility, the role stare decisis plays at the Court, and opinions he wrote of which he is particularly proud.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Helping the Court Decide Your Case | Justice April Farris

Thu, 03 Jun 2021 10:00:00 -0400

Transitioning from private practice to the bench is an adjustment even in the best of times. But First Court of Appeals Justice April Farris made the switch in the middle of a pandemic when court operations and proceedings were fully remote. In this week's episode, Justice Farris joins Todd Smith and Jody Sanders to talk about her experiences in the Texas Solicitor General's office, private practice, and as a new appellate justice. She shares insights on helping the court solve problems and ways attorneys can get oral-argument experience through government service or criminal appointments. She also provides useful tips on making briefs and oral arguments more persuasive.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Nontraditional Paths to a Career in Appellate Law | Mia Lorick

Thu, 27 May 2021 10:00:00 -0400

Traditionally, the path to appellate practice often came through a judicial clerkship. But, in recent years, lawyers have worked to forge alternative routes. Mia Lorick, a partner at Locke Lord in Houston, is one of those lawyers. With a background in fine arts, Mia paved her own way into both trial and appellate practice by actively seeking out advocacy opportunities. In this week's episode, Mia shares her journey and offers tips for other lawyers and law students looking to establish themselves as appellate advocates. Mia also discusses her mission to increase diversity and inclusiveness in legal practice, some initiatives she launched to serve that goal, and her creation of the Suited for Success Scholarship, which helps law students obtain business dress clothes to help kick start their careers.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Appellate Practice Perspectives: Criminal Defense | Naomi Howard

Thu, 20 May 2021 10:00:00 -0400

While this podcast focuses primarily on civil appeals, criminal appellate practice takes up a significant portion of appellate court dockets. In this episode, Todd Smith and Jody Sanders explore criminal appellate work with Naomi Howard, a Houston criminal defense attorney with Rusty Hardin & Associates. Passionate about criminal defense since her law school days, Naomi has handled defense and appellate work in Texas and federal courts, including the Texas Court of Criminal Appeals. Naomi discusses how to advocate for defendants in a system in which criminal reversals are rare and shows how creativity (and sometimes levity) can help improve advocacy and outcomes.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Why Judges Should Be on Social Media | Judge Stephen Dillard

Thu, 13 May 2021 10:00:00 -0400

Judges, particularly appellate judges, don't get much public interaction in their jobs. So, judges are learning to use social media to connect with and educate the public about their roles. Georgia Court of Appeals Judge Stephen Dillard has helped blaze that trail, adopting the mantra that, “If you're a judge and you're not on social media, that's political malpractice.” In this week's episode, Judge Dillard explains why it’s crucial for judges to be actively engaged on social media or to use those platforms to help understand issues that might come before them. He also talks about how judges can balance their ethical duties with public engagement. Join us as we explore how judges (and lawyers) can learn from and engage in these communication channels.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Perfecting the Remote Jury Trial | Judge Karin Crump

Thu, 06 May 2021 10:00:00 -0400

As courts tentatively start to reopen in person, the extent to which remote proceedings will remain is uncertain. But when COVID-19 shuttered courthouses everywhere, Travis County, Texas took the lead in providing courthouse access virtually. This episode features Judge Karin Crump, of Travis County's 250th District Court, and covers her leadership and experience paving the way for remote proceedings and some of the first virtual jury trials in the nation. Judge Crump discusses how the Travis County team worked to ensure fairness and representative juries, and how they have mastered technological challenges to make virtual jury trials a success. She also discusses some of the benefits virtual proceedings allow and best practices for presenting witnesses and evidence in a virtual courtroom.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Paths to Texas Judicial Selection Reform | Chief Justice Tom Phillips

Thu, 29 Apr 2021 10:00:00 -0400

The mixing of politics and judicial selection has been a part of Texas history from the beginning. Political parties continue to influence judicial appointments and elections, and money is always a significant factor. In recent years, though, many have sought to reform the system. In this week's episode, former Texas Supreme Court Chief Justice Tom Phillips joins Todd Smith and Jody Sanders to discuss the various reform efforts, including the work of the Texas Commission on Judicial Selection. Chief Justice Phillips explains the history of how Texas picks its judges, the potential reforms, and the downsides to different systems. He also shares his encyclopedic knowledge of political and judicial history to put the debate in context.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Promoting Diversity in Appellate Practice | Juvaria Khan

Thu, 22 Apr 2021 10:00:00 -0400

The law in general and appellate practice, in particular, suffer from a lack of diversity. The traditional barriers to both law and appellate practice have left many students of color and first-generation law students lacking opportunities and access to the profession. Luckily, organizations like The Appellate Project recognize this problem and seek to change it. Todd Smith and Jody Sanders sit down with Juvaria Khan to discuss her creation of The Appellate Project, which seeks to provide more students and lawyers access to appellate practice. Juvaria shares her personal experiences as a Muslim woman and daughter of immigrants and explains how they helped her decide to change the system. She provides practical tips that allow every level of the system to increase accessibility and mentoring. She also highlights the things missing from a non-diverse practice—from differing perspectives to more fair and just decisions. Join Juvaria, Todd, and Jody in this important conversation where they dive deep into the mission of The Appellate Project and more.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Building Credibility as an Appellate Advocate | Rachel Stinson

Thu, 15 Apr 2021 10:00:00 -0400

In recent years, the amount of time lawyers spend in court and talking to judges has shrunk. As a result, an attorney’s credibility with judges has become increasingly important. Likewise, presenting clear, concise briefing and arguments helpful to judges and their staff has become critical. Rachel Stinson of Wright Close & Barger in Houston has a unique perspective on both issues, having spent time both in private practice and as a staff attorney at a state court of appeals and a federal district court. Rachel shares with Jody Sanders and Todd Smith how her extensive experience taught her to hone her credibility in terms of writing and how to make arguments in a way that help the decision makers do their jobs. They also discuss how changes in technology—particularly the impact of digital records—has streamlined appellate and trial practice.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Appellate Practice Perspectives: Representing the State | John Messinger

Thu, 08 Apr 2021 10:00:00 -0400

Texas's Office of the State Prosecuting Attorney (SPA) may be one of the most important state agencies you didn't know. The SPA is an independent agency that represents the State of Texas before the state's highest criminal court, the Court of Criminal Appeals. While the Texas Solicitor General appears in both state and federal courts, the SPA focuses on monitoring cases of interest throughout the courts of appeals and handling petitions and writs to the CCA. John Messinger, one of the SPA's attorneys, joins Todd Smith and Jody Sanders to discuss what his office does and the outsized impact that it has on the Texas criminal justice system. John talks about how his office selects cases, tips for drafting petitions, and issues that affect both sides of the CCA's docket.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

A Trial Lawyer's Perspective on Appellate Practice | Carlos Soltero

Thu, 01 Apr 2021 10:00:00 -0400

Trial lawyers and appellate lawyers have different skill sets that compliment each other's practices. But some trial lawyers feel equally at home in both the trial and appellate courts. In this episode, Todd Smith and Jody Sanders talk to their first trial attorney guest, Carlos Soltero, about his experiences in both courts. Carlos offers his perspective as a trial lawyer on appellate practice, revealing how he handles his own appeals, where most of his work comes from, and how he is doing in the current pandemic. He talks the different roles he plays and shares some advice on dealing with jury charges, collaborative work, attorney fees, and more. Carlos also offers a peek at his book, Latinos and American Law, where he sheds light on the different ways the legal system has affected the Hispanic, Latino, and Mexican-American communities and individuals.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Season 2 Coming Soon!

Fri, 19 Mar 2021 22:07:37 -0400

Season 1 of the Texas Appellate Law Podcast wrapped up with our 50th episode, featuring M.C. Sungaila. We've continued to interview outstanding guests while on hiatus, and we're happy to share that we'll be resuming regular weekly episodes again soon. We're looking forward to trying new things and (hopefully) recording some episodes live and in-person during our second season!

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Training the Next Generation of Appellate Lawyers | M.C. Sungaila

Thu, 11 Feb 2021 11:00:00 -0400

It's difficult for new lawyers to transition into legal practice, but appellate practice is especially tough. This sometimes deters firms from investing the time and resources necessary to train new appellate attorneys, particularly when they are between law school and future clerkships. But, M.C. Sungaila, head of the appellate practice group at Buchalter, has developed a pilot fellowship program that seeks to address these issues. M.C. joins Todd Smith and Jody Sanders in this week's episode to talk about how her fellowship program helps develop new attorneys for a future in appellate law. M.C. also provides her insights as a Chambers-ranked California appellate attorney about California's appellate system and how it contrasts with other states.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

A Red River Crossover | Gabe Bass & Jana Knott

Thu, 04 Feb 2021 11:00:00 -0400

While they share the Red River as a border, Texas and Oklahoma have lots of differences in their court systems—different court structures, different judicial selection processes, and different federal circuits. But they share one important similarity—they each have a podcast devoted to appellate practice. In a crossover episode between the Texas Appellate Law Podcast and the Oklahoma Appeals podcast, Todd Smith and Jody Sanders sit down with lawyers Gabe Bass and Jana Knott to discuss practicing in their respective states. They go deep into how their courts handle cases, decide between published and unpublished opinions, how judges are selected, the common sources of their appellate work, and electronic versus paper filing. Join them for an in-depth discussion of practice on both sides of the border.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Tips and Traps When Recovering Appellate Attorney Fees

Thu, 28 Jan 2021 11:00:00 -0400

For over a decade, the Texas Supreme Court has tightened the proof necessary to recover attorney fees in Texas. That, coupled with Legislative expansion of fee shifting, makes understanding the standard even more important. This is particularly true about appellate fees, which, unlike federal court, must be estimated and proven before the appeal. This week, Todd Smith and Jody Sanders discuss the evolution of attorney-fee proof in Texas and ways attorneys can make the best record for both trial and appellate fees.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Prelude to the 87th Texas Legislature | Jerry Bullard

Thu, 21 Jan 2021 11:00:00 -0400

Every other year, the Texas Legislature meets to take on the State’s challenges. Few people follow that process more closely that Jerry Bullard of Adams, Lynch, and Loftin. Jerry’s years of experience and newsletter keep legal practitioners throughout the state on top of bills and laws that affect the way they practice. In his spare time, Jerry also chairs the State Bar Appellate Section. This week, he talks to Todd Smith and Jody Sanders about bills and potential legislative issues affecting legal practice and gives insight on what we might see this session.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Deconstructing a Virtual Jury Trial | Judge Roy Ferguson

Thu, 14 Jan 2021 11:00:00 -0400

While some counties have many district courts, some district courts have many counties. Few judges have a larger territory to cover than Judge Roy Ferguson of the 394th District Court. Given the size of his district, with few local attorneys, Judge Ferguson served as one of the early adopters of remote proceedings when COVID-19 hit. In this conversation with hosts Todd Smith and Jody Sanders, he shares how the adoption of virtual technology improved access to justice in his district and benefitted citizens, parties to litigation, and their counsel. Judge Ferguson also conducted one of Texas’s first virtual civil jury trials and deconstructs his experience for the benefit of our listeners.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

From the Texas Supreme Court to the Fifth Circuit | Judge Don Willett

Thu, 07 Jan 2021 11:00:00 -0400

Growing up in meager circumstances, Judge Don Willett never imagined he would serve as the Tweeter Laureate of Texas or, more notably, as a justice on the Texas Supreme Court and now on the Fifth Circuit Court of Appeals. Judge Willett credits his rise to the work ethic and sacrifices of his mother—a widow who worked long hours as a waitress to support him. Judge Willett applied that work ethic in both legal and policy jobs that put him on the path to the bench. In this week's episode, Judge Willett talks with Todd Smith and Jody Sanders about his career path, his judicial approach, and even font choices. He also shares some of the most memorable experiences he has had in his varied and fruitful career.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Appellate Practice Perspectives: Private Civil Firms | Reagan Simpson

Thu, 31 Dec 2020 11:00:00 -0400

Although private civil appellate practice can be its own niche, there are many ways to do it—solo or in a boutique, mid-sized firm, or large firm. While the basics remain the same, the individual experience may vary greatly depending on the practice setting. Todd Smith and Jody Sanders sit down with Reagan Simpson of Yetter Coleman LLP to compare and contrast each of their experiences in various practice settings. Both Todd and Reagan started at large firms, with Reagan transitioning through various settings into a boutique practice, while Todd found his way to solo practice. Jody has spent his career working at a mid-size firm. They also talk about the various types of experiences appellate practice can bring, while Reagan discusses his career working as both a trial and appellate attorney.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Effective Storytelling in Appellate Briefs | Jason Steed

Thu, 24 Dec 2020 11:00:00 -0400

Legal writing and literary writing share a common goal—telling stories in a way that engages the reader. But too often, legal briefs get bogged down in detail and technical language. This causes the brief to lose both the story and the reader. In this episode, Todd Smith and Jody Sanders talk with appellate attorney Jason Steed about how his experiences in creative writing and as an English professor help him prepare legal briefs that combine story with clear, concise legal writing. Jason also discusses ways to use tone and varying degrees of formality to keep the writing readable.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Appellate Blogging and Solo Practice | Howard Bashman

Thu, 17 Dec 2020 11:00:00 -0400

For years, appellate attorneys and judges have stayed on top of the latest appellate news with the How Appealing blog. Howard Bashman, the attorney behind the blog, joins Todd Smith and Jody Sanders to share his journey into appellate law and starting his blog. Howard’s career has seen the full spectrum, starting as a clerk for Judge William Hutchinson of the Third Circuit, working at various sized firms, and finally settling into solo practice. Howard shares stories about maintaining a successful solo practice, building client relationships, and some of his more memorable cases.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Litigating Issues Under State Constitutions | Judge Jeffrey Sutton

Thu, 10 Dec 2020 11:00:00 -0400

When representing clients, attorneys often think of constitutional rights only in terms of the federal constitution. But this narrow focus leaves out the 50 state constitutions, which can offer different and more protective rights than their federal counterpart. From his experience as Ohio Solicitor General through his time on the 6th Circuit, Judge Jeffrey Sutton has seen the impact that state constitutions can have on the rule of law. In his 2018 book, 51 Imperfect Solutions: States and the Making of American Constitutional Law, Judge Sutton outlined the ways raising state constitutional claims can improve a client's odds of success and provide greater protection of rights. In this episode, Judge Sutton joins Jody Sanders and Todd Smith to discuss considerations and strategies for parties who might otherwise forgo state constitutional claims. He also reflects on his time as a clerk for Justice Antonin Scalia—a phase of his career that influenced his later endeavors and his love of the law.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Well-Being Strategies for the Pandemic and the Holidays | Chris Ritter

Thu, 03 Dec 2020 11:00:00 -0400

Mental health is an important topic that often goes unaddressed in the legal profession. Yet, one study revealed that nearly half the lawyers surveyed had struggled at some point with depression. Now more than ever, in this time of the pandemic, we need to bring awareness to mental-health issues and promote lawyer well-being. In this episode, Todd Smith and Jody Sanders are joined by the Director of the Texas Lawyers' Assistance Program, Chris Ritter. Chris shares his own struggle with alcohol and depression as a practicing lawyer, how he got through it, and how he now helps others in the legal industry. He sheds light on what makes lawyers vulnerable to mental-health issues and provides strategies for maintaining one's well-being during the pandemic and the upcoming holidays. Through it all, it helps to know that you are not alone and are not the only one fighting this battle. Join Chris as he offers comfort and guidance through this conversation.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Lessons Learned from Online Court Proceedings | Beth Thornburg

Thu, 26 Nov 2020 11:00:00 -0400

Technology has changed the practice of law in recent years, but the COVID-19 pandemic completely upended it. Remote court proceedings became the norm overnight. For many attorneys, this change required rethinking the way we practice. Few people have spent as much time examining and critiquing these new proceedings as SMU Law Professor Elizabeth Thornburg and her research team. She joins Jody Sanders and Todd Smith in this week’s episode to talk about their study, the findings, and ways attorneys and judges can handle and improve remote proceedings. She also addresses potential issues with online hearings, jury trials, and the impact of moving justice outside of the physical courthouse.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

From Appellate Lawyer to Trial Judge | Judge Dustin Howell

Thu, 19 Nov 2020 11:00:00 -0400

Judge Dustin Howell of Travis County’s 200th District Court took a different path to the trial bench than most. Starting as a Spanish major, he entered the corporate world before going to law school. After law school, he took an appellate path, with a Texas Supreme Court clerkship, private practice, and time at the Texas Solicitor General’s office before ascending to the trial bench. Judge Howell joins Todd Smith and Jody Sanders in this week’s episode to talk about how his appellate experience impacts his work as a trial judge. He also offers insights on how trial judges think through cases, how lawyers can help educate judges, the challenges faced by court proceedings during the pandemic, and his plans for the future once his term is over.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Teaching and Learning Legal Research and Writing | Beth Wilensky

Thu, 12 Nov 2020 11:00:00 -0400

Attorneys—in particular appellate attorneys—spend much of their time thinking about and engaging in legal writing. And, as jury trials and hearings become less frequent, legal writing takes on an increasingly outsized role in deciding legal disputes. So often, though, those attorneys had to learn many of their legal writing skills on the job. But, legal writing education has changed and continues to adapt to teach law students new and better methods for providing the best possible work product. On today’s show, Beth Wilensky, a Clinical Professor of Law at the University of Michigan, joins Todd Smith and Jody Sanders to talk about how law schools are responding to the increasing emphasis on legal writing and how they are training the next generations of advocates. Professor Wilensky also discusses her transition process from legal practice to teaching legal writing, and provides strategies and resources for practicing lawyers to improve their own legal writing and mentor others as they progress in their legal writing journey.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Planting Seeds in Amicus Practice | Carl Cecere

Thu, 05 Nov 2020 11:00:00 -0400

In most appellate cases, the record and the arguments drive the decisions. But at the US Supreme Court and state supreme courts, amicus support often highlights other important considerations and potential impacts beyond the parties to the dispute. In this episode, Carl Cecere, owner of Cecere PC, joins Todd Smith and Jody Sanders to talk about his development of an amicus and US Supreme Court practice in a solo setting after working in both large and boutique firms. Listen to this episode to hear how Carl has focused on building his brand around Supreme Court advocacy and, in particular, amicus work, which he describes as planting seeds for a court that shape not only the particular cases, but future development in an area of law.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

How to Get a Supersedeas Bond | Daniel Huckabay

Thu, 29 Oct 2020 10:00:00 -0400

Supersedeas bonds are a familiar concept among lawyers who try cases, but the nuts and bolts of obtaining a bond are often a mystery. In this episode, Court Surety Bond Agency’s Daniel Huckabay joins Todd Smith and Jody Sanders to explain how judgment debtors may apply for a bond, the basic premium structure, and the types of collateral sureties consider in the underwriting process. Dan also discuss the importance of acting quickly when a client faces an adverse judgment and the advantages of preparing for that possibility in advance.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

From Appellate Lawyer to Appellate Justice: The Road to the Fifth Court of Appeals| Justice John Browning

Thu, 22 Oct 2020 10:00:00 -0400

Before his recent appointment to the Fifth Court of Appeals in Dallas, Justice John Browning had a long career as an appellate practitioner and had earned a reputation as a prolific author and speaker on topics relating to social media, technology, and Texas legal history. In this episode, Justice Browning joins Todd Smith and Jody Sanders to discuss his practice background, his transition from advocate to appellate justice, and his recent research and publications on African-American Texas legal history. Justice Browning also details recent efforts to obtain restorative justice through posthumous recognition and bar admittance of historically significant candidates who were denied legal practice privileges based on race.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Helping Courts Interpret Statutes | Daniel Olds

Thu, 15 Oct 2020 10:00:00 -0400

Courts often grapple with what the Legislature intended when it used particular words in a statute. Because the Legislature only speaks through its enactments, answering that question requires resort to a number of tools and methods. Attorneys can give their clients the best advice and a distinct advantage in litigation by understanding and mastering statutory interpretation tools. Daniel Olds, an appellate and litigation attorney at Bickerstaff Heath Delgado Acosta, LLP, has learned the ins and outs of statutory interpretation working in Congress, for Texas state agencies, and as a briefing attorney at the Eastland Court of Appeals. In this episode, Daniel joins Todd Smith and Jody Sanders to share insights from his varied background and research, discussing tools and nuances that will add value to any practitioner’s statutory analysis.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa

Thu, 08 Oct 2020 10:00:00 -0400

Appeals before the United States Court of Appeals for the Fifth Circuit can be challenging for lawyers who most often handle matters before state appellate courts. On today's podcast, Todd Smith and Jody Sanders are joined by their first Fifth Circuit guest, Judge Gregg Costa. Judge Costa shares his career journey—from teaching fourth grade in rural Mississippi to trying the Allen Stanford case to becoming a federal district and appellate judge—providing an insider's view of Fifth Circuit life and how the Court processes its cases.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen

Thu, 01 Oct 2020 10:00:00 -0400

Law school is tough—just a few short years to decide the trajectory of your legal career. For Marshall Bowen, testing the legal waters through state court clerkships was the way to go. In this episode, Marshall joins Todd Smith and Jody Sanders to discuss his experiences clerking at Texas’s two highest state courts—the Texas Supreme Court and the Texas Court of Criminal Appeals. Marshall provides an insider’s perspective on the clerkship process at both courts and offers insights from a combined experience few attorneys have achieved. Marshall also offers advice for law students who are thinking about clerking but might not know how to start, where to look, or what to expect. Join us for an episode that takes a deeper look at clerkship and Texas’s two high courts from a unique perspective.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Trailblazing in the Rio Grande Valley | Justice Gina Benavides

Thu, 24 Sep 2020 10:00:00 -0400

The Thirteenth Court of Appeals covers a vast area stretching from near Houston to the US/Mexico border. It even has chambers and hears cases in two locations—Corpus Christi and Edinburg. Thirteenth Court Justice Gina Benavides knows the territory well because she worked throughout it as a successful trial attorney for nearly 20 years before taking the appellate bench. Justice Benavides joins Todd Smith and Jody Sanders to discuss her career as a litigator, her transition to the court of appeals, and how the court has operated—including its history of virtual operations predating the COVID-19 pandemic. Justice Benavides also shares her candid views on the Texas judicial-selection system, the need for diversity and inclusion in appellate practice and the judiciary, and the challenges courts have faced (and will face) during the pandemic.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Appeals, Jury Trials, and the Texas Constitution | Bill Chriss

Thu, 17 Sep 2020 10:00:00 -0400

Bill Chriss is truly a Renaissance man. A lifelong learner with degrees that include a Ph.D, Bill’s interests range across history, politics, law, and ethics. Bill’s recent research interest focuses on the Texas Constitution, both its origin and evolution. Bill sits down with Todd Smith and Jody Sanders and traces his career journey—from working as a trial lawyer handling his own appeals to becoming an appellate lawyer, with a stop along the way at the Texas Center for Legal Ethics. The conversation covers things attorneys should know about the Texas Constitution, its political history, ways attorneys can raise constitutional issues, changes Bill foresees in the near future, and shifting political winds in our great state.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Ruminations on a Career in Appellate Judging | Justice Paul Green

Thu, 10 Sep 2020 10:00:00 -0400

Paul Green served as an appellate justice for more than 25 years, both at the San Antonio Court of Appeals and the Texas Supreme Court. On the eve of his retirement, Justice Paul Green joined Todd Smith and Jody Sanders to reflect on his past as a litigator in his family’s law practice, his time on the bench, and his future plans after leaving the Supreme Court. Justice Green offers a candid assessment of his career, the judiciary, and the future of judges in Texas. Learn about Justice Green’s many roles both on and off the bench, and his thoughts about advocacy, judging, and the judicial system as a whole.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor

Thu, 03 Sep 2020 10:00:00 -0400

In 2011, Texas adopted the Texas Citizens Participation Act, one of the broadest anti-SLAPP statutes in the nation. Since then, TCPA motions to dismiss and the resulting interlocutory appeals have proliferated, and both trial and appellate courts have struggled to reconcile the statute’s far-reaching language with just and fair results. Joining Todd Smith and Jody Sanders to talk about the TCPA is Amanda Taylor, a civil appellate specialist at Butler Snow and an expert on the subject. Amanda discusses the TCPA’s initial impact on the civil justice system, recent statutory amendments, and strategies for advising clients on TCPA motions and appeals. Listen in to learn about trends in this area and what they mean for present and future appellate law practice.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Rethinking Your Role in the Legal Industry | Mike Whelan

Thu, 27 Aug 2020 10:00:00 -0400

Practicing law means staying on top of the latest trends and developments to keep yourself educated and provide the best possible service to your clients. Mike Whelan Jr., the CEO of Lawyer Forward, joins Todd Smith and Jody Sanders to talk about how lawyers can thrive in a changing legal environment and institute changes in their practices that benefit the lawyers, their clients, and the legal industry as a whole. Mike offers tips to rethink the structures and roles of modern legal practices for both solo and big firm attorneys. Mike’s background in both logistics and legal practice provides him with unique insights for attorneys to maximize their strengths and build upon potential weaknesses to create new legal practice structures and relationships. As innovation becomes a necessary survival skill in the ever-changing legal market, lawyers who fail to adapt risk falling behind. This episode can help you identify ways to break through your constraints as an entrepreneur and how to support other parts of your law practice to maximize the benefits for you and your clients.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers

Thu, 20 Aug 2020 10:00:00 -0400

So often, trial lawyers are expected to do it all when trying a case—prepping and examining witnesses, arguing motions, making objections, and preserving the record. This translates to early mornings, late nights, and opportunities for things to get overlooked. Having another set of eyes (and a different skill set) can not only lighten trial counsel’s load, but ensure a better outcome for the client. This is where appellate counsel can really add value. In their 25th episode, Todd Smith and Jody Sanders discuss ways that having appellate counsel involved at different stages of the litigation process can streamline the proceedings, create opportunities to determine legal issues early, and provide a more focused strategy to survive the trial and appellate process. Together, they share their own experiences in working with a trial counsel, what it is like for them individually, and how appellate lawyers bring value to trial teams. Todd and Jody also dive deep into the trial lawyer-appellate lawyer relationship when taking over a case and when it goes up on appeal. Follow this episode to learn tips that benefit trial and appellate counsel and, most importantly, the client.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Understanding the Texas Standards for Appellate Conduct | Kevin Dubose

Tue, 11 Aug 2020 10:00:00 -0400

Texas has adopted standards for appellate conduct that go beyond the disciplinary rules governing all licensed attorneys. Making his second appearance on the show is the resident expert on this topic, Kevin Dubose of Alexander Dubose & Jefferson LLP. With his insider knowledge and insights, Kevin explains the impetus behind the aptly-named Standards for Appellate Conduct, how they differ from the ordinary disciplinary rules, and how they reflect and reinforce the Texas appellate bar’s culture.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Briefing Beyond Words | Mark Trachtenberg

Tue, 04 Aug 2020 10:00:00 -0400

Attorneys are skilled at painting pictures with words. But that can only get them so far. As technology has improved, so too has the opportunity to enrich briefing with visual aids—pictures, charts, videos, and animation. As courts move to electronic filings and briefs, attorneys who fail to adapt will get left behind. In this episode, Todd Smith and Jody Sanders interview Mark Trachtenberg from Haynes and Boone about his article, “Briefing Beyond Words,” and his tips and strategies for using visuals to enhance written advocacy. Mark draws from his own experience using visuals in trial courts and appellate courts and explains how they boosted the effectiveness of his advocacy. Mark also shares his insights about where this method is heading, the need for rules addressing visuals, and more. Follow this discussion to learn how effective visuals can make a huge difference at every stage of a case.

Appellate Review in Family Law Cases | Michelle O’Neil

Tue, 28 Jul 2020 10:00:00 -0400

Family law appeals can be tricky because the legal standards differ from ordinary civil cases. Taking us into the appellate component of family law, Todd Smith and Jody Sanders interview Michelle O’Neil of O’Neil Wysocki Family Law to answer some questions about what makes family law appeals special. Michelle dives deep into some of her cases, helping us further understand temporary and final orders, abuse of discretion, and more. Michelle also talks about how COVID-19 has affected family law and the impact it is expected to have in the future.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Proper Advocacy in the Texas Supreme Court | Justice Brett Busby

Tue, 21 Jul 2020 10:00:00 -0400

With a background as a U.S. Supreme Court law clerk, appellate practitioner, and Justice on Texas’s Fourteenth Court of Appeals, serving on the Texas Supreme Court seems like a natural fit for Justice Brett Busby. Today, he joins Todd Smith and Jody Sanders to share his experiences transitioning from the Court of Appeals to the Texas Supreme Court, including insights learned from the bench and from his background and experience as an appellate advocate. Justice Busby provides timely tips for anyone appearing before the Texas Supreme Court—in person or remotely—and offers practical advice to strengthen appellate advocacy at any level.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Unlikely Heroes: The Fifth Circuit Four | Dr. Jack Bass

Tue, 14 Jul 2020 10:00:00 -0400

The Black Lives Matter Movement has opened a number of necessary conversations about racial injustice. Tapping into this timely subject, Todd Smith and Jody Sanders visit with Dr. Jack Bass, the author of nonfiction books focusing on southern politics, race relations, and law. Here, Dr. Bass takes us into his book Unlikely Heroes, which is a vivid account of the implementation of Brown v. Board of Education in the South by Fifth Circuit Judges committed to the rule of law. Dr. Bass taps into how these judges overcame obstruction and impacted segregation, desegregation, and voting rights. Listen in on this important discussion to learn more about these brave judges followed the law and battled racial inequality in an era when it was unpopular to do so.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

How to Make Your Written Advocacy Effective | Justice Elizabeth Kerr

Tue, 07 Jul 2020 10:00:00 -0400

The importance of professional writing skills in law practice cannot be overstated. Trends in the legal world have increased the importance of written advocacy in an unprecedented way, especially with things going virtual. Todd Smith and Jody Sanders expound on this topic with their guest, Justice Elizabeth Kerr, from the Second Court of Appeals in Fort Worth, Texas. As a former civil litigator, Justice Kerr gained a fresh new perspective on written advocacy when she took the appellate bench. She sees written advocacy as something lawyers should take very seriously, and she believes that their written work should steer away from jargon-filled language toward more impactful messaging.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Setting the Appellate Bar in Texas | Kevin Dubose

Tue, 30 Jun 2020 10:00:00 -0400

A legal career can span many decades and different types of practices. In this episode, a long-time appellate attorney, Kevin Dubose of Alexander Dubose & Jefferson, joins Todd Smith and Jody Sanders to discuss not only his experiences throughout his appellate law career, but also his life as a trial lawyer before switching to appellate practice. Kevin also shares the history of the formation and growth of the Appellate Section of the State Bar of Texas, including the watershed year that gave the section its start. Kevin also discusses lessons he learned both as a trial lawyer and an appellate lawyer, including some that apply to both practice areas.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Using Checklists When Preserving Error for Appeal | Steve Hayes

Tue, 23 Jun 2020 10:00:00 -0400

Error preservation often determines what issues an appellate court can hear. Too often, clients, trial counsel, and even appellate counsel learn that error didn’t get preserved when it’s already too late to fix. To explore more about error preservation, Todd Smith and Jody Sanders talk with Steve Hayes , the error-preservation guru. Chances are, if you’ve attended a CLE speech on the topic, Steve gave it. In this episode, he shares his wisdom and insights and discusses error-preservation trends in appellate courts. In particular, Steve talks about the importance of using checklists to preserve error for appeal. Steve shares his experiences on this topic and the lessons he learned, so that, hopefully, you’ll have some clear error-preservation strategies laid out before you file your first pleading.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Why Appeals Matter Even When the Odds Are Low

Tue, 16 Jun 2020 10:00:00 -0400

Statistically speaking, any appellant faces an uphill battle with less than a 50% chance of success. But, with those odds, why should a client ever appeal? Todd Smith and Jody Sanders answer this question, highlighting why appeals matter even when the odds might not point to success. The discussion focuses on how standards of review impact the appellate issues and chances of success, and other considerations to raise when counseling clients about the reasons to appeal (or not) a particular case. Whether for error correction, principle, or seeking new precedent, Todd and Jody discuss preliminary questions and issues that might affect how a court reviews a case or how an appellate strategy might change the way a case is prepared. Dive deep into this episode to understand the motivations behind these appeals and ways to help clients make these difficult decisions.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Discretionary Decisions in the Courts of Appeals| Michael Ritter

Tue, 09 Jun 2020 10:00:00 -0400

Discretion isn’t just for trial courts. The intermediate courts of appeals are sometimes called upon to make decisions involving judicial discretion too. On today’s show, Todd Smith and Jody Sanders are joined by Michael Ritter, a staff attorney at the Fourth Court of Appeals in San Antonio, to talk about how the appellate courts approach those discretionary decisions. Michael also touches on the proper use of en banc review, as well as the technology the Fourth Court has applied to respond nimbly and continue its operations during these times.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

The Second-Wave Virus: Ransomware Attack on the Courts

Fri, 29 May 2020 10:00:00 -0400

It seems everything can be done over the internet nowadays. With the global pandemic and quarantine protocols, more and more people have relied on the world wide web when working from home. But a major threat has hindered those trying to practice appellate law recently — ransomware. On today’s show, Todd Smith and Jody Sanders talk about the recent ransomware attack on the Texas appellate court websites and how it’s affecting their practices. Don’t let the dangers of malware cripple you or your firm. Listen to this episode to learn what the courts are doing to combat the ransomware attack and keep things going.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Making Appealing Arguments in Federal District Courts | Judge Jeff Brown

Tue, 26 May 2020 10:00:00 -0400

Few judges have sat on a trial-court bench, a court of appeals, and the Texas Supreme Court. Our guest for this episode, Judge Jeff Brown, has done all three and more. Today, he joins Todd Smith and Jody Sanders to talk about his time as a state trial and appellate judge and his recent transition to the federal district bench. Sharing his career background, Judge Brown touches on how a judicial clerkship helps new lawyers understand how the court operates and makes decisions. Judge Brown also offers his take on advocacy in the courts where he has served and highlights similarities between the skill sets involved in federal trial courts and state appellate courts.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Providing Access to Courts Through Remote Technology in These Uncertain Times | David Slayton

Tue, 19 May 2020 14:03:00 -0400

Behind a well-functioning court system is an Office of Court Administration that ensures technology and processes are rightly placed. In this episode, Todd Smith and Jody Sanders interview the Administrative Director of the Texas Office of Court Administration, David Slayton, about how OCA supports Texas courts and helps streamline appellate practice. He shares with us the technology OCA uses to facilitate the courts’ work and provide a statewide platform for searching and monitoring cases. Addressing the current COVID-19 situation, David then shares how OCA has implemented remote technology to keep courts open and help maintain certainty in these uncertain times.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Appellate Law in the Age of Video and Social Media | Raffi Melkonian

Tue, 12 May 2020 10:00:00 -0400

Appellate law is not exempt from the global technological pivot we are experiencing in these strange times. Lawyers all over the nation are adopting technology in a way that they haven’t been forced to do up until now. Raffi Melkonian of Wright Close & Barger is the contemporary embodiment of the “lawyer of the future” in this age of video technology and social media. Known as the Dean of #AppellateTwitter among his followers, he has made significant inroads in turning the popular social media platform into a positive venue for fruitful collegial discussions. Listen in as he joins Todd Smith and Jody Sanders on the show to talk about his experiences in the practice, social media influencing, and advocating in the U.S. Supreme Court.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Court of Appeals Reversals by the Numbers | Kent Rutter

Tue, 05 May 2020 10:00:00 -0400

Jody and Todd talk with Kent Rutter, appellate attorney and current chair of the State Bar of Texas Appellate Section. Kent talks about the State Bar Appellate Section and the numerous benefits that it offers its members. Kent also talks about an empirical study that he and other Haynes & Boone attorneys prepared analyzing reversal rates in the various Texas intermediate courts of appeals.

Please contact Todd and Jody with questions, suggestions, or feedback on the episodes: Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com

Information on items discussed:

Kent Rutter: https://www.haynesboone.com/people/r/rutter-kent

Twitter: @kentrutter

Lynne Liberato: https://www.haynesboone.com/people/l/liberato-lynne

Texas Bar Appellate Section: http://www.tex-app.org/,which includes the Appellate Advocate that both Jody and Todd edited.

Kent’s and Natasha Breaux’s article on Reasons for Reversal: https://houstonlawreview.org/article/12201-reasons-for-reversal-in-the-texas-courts-of-appeals

Natasha Breaux, Kent’s co-author:

https://www.haynesboone.com/people/b/breaux%20natasha

Justice Elizabeth Kerr, Second Court of Appeals:

http://www.txcourts.gov/2ndcoa/about-the-court/justices/justice-elizabeth-kerr/

Pam Baron, Statistical guru of SCOTX: https://www.linkedin.com/in/pamela-stanton-baron-b2156b29

Please follow us on Twitter (@dtoddsmith @jodyssanders @texapplawpod) and Facebook (@texapplawpod), subscribe and rate us on Apple Podcasts, and reach out—we’d love to hear from you! Check us out on texapplawpod.buzzsprout.com and texapplawpod.com.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Sharing a Page from Lady Lawyer Diaries | Kendyl Hanks & Kristen LaFreniere

Tue, 28 Apr 2020 10:00:00 -0400

Jody and Todd have their first double-guest show with Kendyl Hanks and Kristen LaFreniere a/k/a KVP. They talk about their experiences with appellate practice, social media, and issues affecting women practicing law. They also discuss the #LadyLawyerDiaries phenomenon on social media and bringing the legal community together to improve the practice of law for women and other underrepresented groups.

Please contact Todd and Jody with questions, suggestions, or feedback on the episodes: Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com

Information on items discussed:

Kendyl Hanks: https://www.gtlaw.com/en/professionals/h/hanks-kendyl-t

Twitter: @hankskendyl

Kristen LaFreniere: https://davidsonsheen.com/lubbock-attorneys/kristen-vander-plas-esq/

Twitter: @KVPTexas

Judge Don Willett: https://en.wikipedia.org/wiki/Don_Willett

Lady Lawyer Diaries on Twitter: #LadyLawyerDiaries @LadyLawyerDiary

Professor Rachel Gurvich: https://law.unc.edu/people/rachel-i-gurvich/ Twitter: @RachelGurvich

Jamie Santos: https://www.goodwinlaw.com/professionals/s/santos-jaime Twitter: @Jaime_ASantos

Alyssa Leader: Twitter @alittleleader

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Getting Your iPhone and iPad J.D. | Jeff Richardson

Tue, 21 Apr 2020 10:00:00 -0400

Todd and Jody talk with the first out-of-state guest, Jeff Richardson, a Louisiana appellate attorney and the person behind the website iPhone J.D. Jeff talks about integrating technology into litigation and appeals, and the many ways that an iPad can streamline appellate practice, from initial preparation to oral argument.

Please contact Todd and Jody with questions, suggestions, or feedback on the episodes:

Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com

Information on items discussed:

Jeff Richardson: https://www.adamsandreese.com/people/jeffrey-richardson

Jeff’s website, a great resource for integrating Apple technology into your practice: https://www.iphonejd.com/

The Texas and Louisiana Board Certification programs:

https://www.lsba.org/Specialization/AppellatePractice.aspx?Area=Standards

https://www.tbls.org/specialtyarea/AP

PdfExpert: https://pdfexpert.com/

Goodnotes: https://www.goodnotes.com/

TrialPad: https://www.litsoftware.com/trialpad/

TranscriptPad: https://www.litsoftware.com/transcriptpad/

The new Apple Keyboard that Todd is coveting: https://www.theverge.com/2020/3/18/21184929/apple-magic-keyboard-ipad-pro-trackpad-hinge-price-release-date

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Getting Wise About Appellate Law, Texas History, and Podcasting | Justice Ken Wise

Tue, 14 Apr 2020 10:00:00 -0400

Todd and Jody talk with Justice Ken Wise, Fourteenth Court of Appeals, the original Texas appellate podcaster. Justice Wise talks about his career on and off the bench, his Texas-history podcast, Wise About Texas, and things he has learned serving on both the trial and appellate benches.

Please contact Todd and Jody with questions, suggestions, or feedback on the episodes:

Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com

Information on items discussed:

Justice Ken Wise: http://www.txcourts.gov/14thcoa/about-the-court/justices/justice-ken-wise/ Twitter: @judgewise

Wise About Texas, a great Texas history resource: http://wiseabouttexas.com/ Twitter: @wiseabouttexas

The Semicolon Court—when punctuation caused a constitutional crisis: https://tshaonline.org/handbook/online/articles/jps01

Texas Supreme Court Historical Society: https://www.texascourthistory.org/

Taming Texas project: http://www.tamingtexas.org/

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Transition from Bench to Practice and Judicial Mental Health | Justice Scott Field

Tue, 07 Apr 2020 10:00:00 -0400

Todd and Jody talk with Former Justice Scott Field, Third Court of Appeals, about transitioning from the bench to private practice and judicial mental health. Justice Field shares insights from the bench on effective advocacy and opens up about difficult times that judges have from some of the issues that they face.

Please contact Todd and Jody with questions, suggestions, or feedback on the episodes:

Todd todd@appealsplus.com Jody jody.sanders@kellyhart.com

Information on items discussed:

Scott Field: https://www.butlersnow.com/attorney/scott-field/ On Twitter: @ScottKingField

Texas’s Third Court of Appeals in Austin: http://www.txcourts.gov/3rdcoa.aspx

Justice Raul Gonzalez, who Todd and Scott clerked for: http://www.justiceraulgonzalez.com/

Amanda Taylor, Scott’s partner and another great appellate lawyer: https://www.butlersnow.com/attorney/amanda-taylor/

The Austin Lawyer article (p. 12):

https://www.austinbar.org/wp-content/uploads/2020/01/AL_Feb2020_loRes.pdf

The Texas Lawyer article: https://www.law.com/texaslawyer/2020/02/27/the-mental-challenges-judges-face/?slreturn=20200231130747

Erica Grigg, Texas Lawyers Assistance Program: https://www.tlaphelps.org/

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Zooming into Remote Law Practice | Judge Emily Miskel

Tue, 31 Mar 2020 10:00:00 -0400

A fundamental shift is happening in courtrooms throughout the state in light of the COVID-19 pandemic. More and more judges have taken to allowing remote appearances to promote continued social distancing and prevent the spread of the coronavirus. In this episode, Todd Smith and Jody Sanders speak with Judge Emily Miskel of the 470th District Court of Collin County, Texas about her experience with integrating remote hearings through technology. As more courts adopt these practices to keep their dockets moving, it’s important to get more familiar with the technology and decorum for this “new normal,” so don’t miss out on the wisdom that Judge Miskel has to share.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

How SCOTX Is Addressing the Coronavirus Pandemic | Blake Hawthorne

Wed, 25 Mar 2020 10:00:00 -0400

The COVID-19 pandemic has wreaked havoc on our institutions on a systemic level, but technology has helped bridge gaps so business and life can go on. In this episode, Todd Smith and Jody Sanders interview Blake Hawthorne, the Texas Supreme Court Clerk, about the Court’s response to the COVID-19 pandemic. Blake discusses the emergency orders the Court has issued, access to courts, and tips for remote law practice in this “new normal,” so you definitely ought to listen to what he has to say!

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Technology on Appeal, Present and Future | Blake Hawthorne

Mon, 23 Mar 2020 11:00:00 -0400

Courts all over Texas increasingly rely on technology to facilitate document filing and records management. On top of making the filing process more efficient, technology has helped improve the accuracy of court records. In this episode, Texas Supreme Court Clerk Blake Hawthorne joins Todd Smith and Jody Sanders to discuss his role at the Court, the increasing ways technology streamlines the appellate process, and new things on the horizon for the Supreme Court and court record access.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

SCOTX Petitions for Review and Decision Process | Justice Jeff Boyd

Mon, 23 Mar 2020 10:00:00 -0400

For lawyers with cases before the Texas Supreme Court, effective advocacy requires an intrinsic understanding of the petition-for-review and decision process. Todd Smith and Jody Sanders sit down for a conversation with Justice Jeff Boyd, who has served on the Court since 2012. Justice Boyd discusses his background, life at the Texas Supreme Court, and advocacy tips for appellate lawyers appearing before the Court.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today:

Notice of Our Appeal (Podcast)

Sun, 22 Mar 2020 10:00:00 -0400

What is appellate law? For practitioners of this craft, it varies from day to day and week to week based on the cases they work on in different courts. In their inaugural episode—recorded in the Texas Supreme Court courtroom—Todd Smith and Jody Sanders introduce themselves and share their respective journeys toward becoming appellate practitioners. They also share their vision for the podcast, which is to provide useful information for lawyers who handle appeals and those who don’t, but who want to learn more, through conversations with each other and guest interviews involving all aspects of appellate practice.

Love the show? Subscribe, rate, review, and share!

Here’s How »

Join the Texas Appellate Law Podcast Community today: