Texas Appellate Law Podcast
Welcome to the Texas Appellate Law Podcast—your backstage pass to the Texas and federal appellate systems. Join your hosts, Texas appellate lawyers Todd Smith and Jody Sanders, as they explore the nuances of appellate advocacy with judges, court staff, leading trial and appellate practitioners, academics, and legal innovators. Whether you're immersed in an appeal or building your trial strategy, each episode delivers practical insights to help you enhance your advocacy skills, strengthen your arguments, and stay current with evolving legal trends. Connect with us at texapplawpod.com or on LinkedIn and X (@texapplawpod). Brought to you by Texas Appellate Co...
Thu, March 20, 2025
Behind the Mic: Five Years of the Texas Appellate Law Podcast
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. 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). Their conversation offers both a retrospective and a forward-looking glimpse at the changing landscape of appellate practice. 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 | <a href="https://
Thu, March 06, 2025
Clerking, Courts, and Concurrences | Adam Shniderman
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 | <a href="https://
Thu, February 20, 2025
Addressing Misconduct and Disability in the Federal Judiciary | Chris Dove
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</a
Thu, December 12, 2024
Looking Back and Looking Forward | Chief Justice Nathan Hecht
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, November 14, 2024
Breaking Down the Robert Roberson Case: Criminal Appeals, Reform, and Separation of Powers | Doug Gladden
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter <li class="q
Thu, October 24, 2024
A New Approach to Narrowing the Texas Civil Justice Chasm | Justice Brett Busby and Kennon Wooten
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube </li
Thu, August 08, 2024
Bridging the Gap Between Law and Technology | Colin Levy
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.
Thu, July 25, 2024
Jury Charge Practice After Horton v. Kansas City Railway Co.
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.
Thu, June 27, 2024
Balancing Tradition and Innovation in Legal Education | Dean Bobby Ahdieh
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn <a href="https://www.youtube.com/channel/UCRH_lorlYoAPKk_LVCB
Thu, June 13, 2024
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, May 30, 2024
Exploring Procedural Justice | Judge Steve Leben
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, May 16, 2024
Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, May 02, 2024
Tips for Persuasive Legal Writing | Luther Munford
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, April 18, 2024
Winning Cases on Legal Issues Before and During Trial
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, March 14, 2024
Navigating Federal Tort Claims on a National Scale | Tom Jacob
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, February 29, 2024
Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, January 18, 2024
Tackling Bullying in the Legal Profession | Scott Stolley
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, January 04, 2024
How Lawyers Should Approach Implementing AI into Their Practices | Tim Armstrong
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Bonus · Fri, December 22, 2023
Happy Holidays and Parting Thoughts for 2023
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, December 14, 2023
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, November 30, 2023
Addiction and the Recovery Journey for Lawyers | Brian Cuban
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter/X LinkedIn YouTube
Thu, November 16, 2023
Emerging Ethical Issues for Lawyers Using AI | Derek Bauman
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter LinkedIn YouTube
Thu, November 02, 2023
A Longtime Trial Judge's View from the Appellate Bench | Justice Gisela Triana
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: texapplawpod.com Twitter YouTube
Thu, October 19, 2023
Inside the Fourth Court of Appeals' Clerk's Office | Michael Cruz
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: texapplawpod.com Twitter YouTube
Thu, September 28, 2023
Supersedeas and Other Recent Rule Changes
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: texapplawpod.com Twitter YouTube
Thu, September 14, 2023
Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard
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: texapplawpod.com Twitter YouTube
Thu, July 27, 2023
Taking Control of Your Practice by Setting Boundaries | Kiele Linroth Pace
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: texapplawpod.com Twitter YouTube
Thu, June 29, 2023
How to Become Board-Certified in Civil Appellate Law | Kelley Morris
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: texapplawpod.com Twitter YouTube
Thu, June 15, 2023
Systems and the Emergence of AI in Law Practice | Ernie Svenson
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: texapplawpod.com Twitter YouTube
Thu, June 01, 2023
Understanding the SCOTUS Shadow Docket | Steve Vladeck
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: texapplawpod.com Twitter YouTube
Thu, May 18, 2023
A Lawyer’s Guide to Blockchain and Cryptocurrency | Nelson Ebaugh
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: texapplawpod.com Twitter YouTube
Thu, April 20, 2023
The Portia Project Podcast Crossover Episode | M.C. Sungaila
In this special joint episode, Jody Sanders and Todd Smith join their friend M.C. Sungaila to celebrate the 100 th 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: texapplawpod.com Twitter YouTube
Thu, April 06, 2023
Don't California My Texas! | Tim Kowal & Jeff Lewis
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: texapplawpod.com Twitter YouTube
Bonus · Sat, April 01, 2023
Special Announcement | Taking Over California
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Thu, March 23, 2023
Checking In On The 88th Texas Legislature | Jerry Bullard
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 88 th 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: texapplawpod.com Twitter YouTube
Thu, March 09, 2023
"So Many First Amendment Violations, So Little Time" | Tom Leatherbury
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: texapplawpod.com Twitter YouTube
Thu, February 23, 2023
Bringing Family Law Expertise to SCOTX | Justice Debra Lehrmann
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Bonus · Thu, February 09, 2023
Ramping Up for 2023
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Thu, January 26, 2023
Jury Charges and Oral Argument | David Keltner
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, January 12, 2023
The Evolution of Texas Appellate Practice | David Keltner
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Bonus · Thu, December 15, 2022
Self-Care During the Holiday Season and Beyond
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, December 01, 2022
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Bonus · Thu, November 24, 2022
Happy Thanksgiving from the Texas Appellate Law Podcast!
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, November 10, 2022
The Intersection of Appellate Law and Public Interest Practice | Hannah Mullen
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter <a href="https://www.youtube.com/channel/UCRH_lorlYoAPKk_LVCBh7Lg" rel="noopener noreferrer" target="_blank" style="color: rgba(49,130,206,var(--text-opacity)); --darkreader-inline-color:#5399d1;" d
Thu, October 27, 2022
Judging and Advocacy at Every Level | Justice Jane Bland
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, October 13, 2022
Practicing Before the U.S. Supreme Court | Kannon Shanmugam
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, September 29, 2022
Reporting on the U.S. Supreme Court | Greg Stohr
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, September 15, 2022
Extending Title VII to Federal Judicial Employees | Aliza Shatzman
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com <a href="https://twitter.com/dtoddsmith" rel="noopener noreferrer" target="_blank" style="color: rgba(49,130,206,var(--
Thu, September 01, 2022
Legal Writing for the New Generation | Chad Baruch
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, August 18, 2022
How Voir Dire Fits with Appellate Practice | Robert Swafford
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, August 04, 2022
Potential Changes to SCOTX Petition Practice | Justice Evan Young
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, July 21, 2022
Reflections on 100 Episodes
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, July 07, 2022
Innovation in the Business of Law | Rocky Dhir
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, June 23, 2022
Communicating Effectively With In-House Counsel | Karen Delaney
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, June 09, 2022
A Look Inside UT Law's U.S. Supreme Court Clinic | Erin Busby
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, May 26, 2022
"Walking the Walk" on Lawyer Well-Being | Bree Buchanan
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter <a href="https://www.youtube.com/channel/UCRH_lorlYoAPKk_LVCBh7Lg" rel="noopener noreferrer" target="_blank" style="color: rgba(49,130,206,var(--text-opacit
Thu, May 12, 2022
Handling Appeals from Veterans Claims | Chris Attig
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, April 28, 2022
Enhancing Your Visibility Through Media Commentary | David Coale
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, April 14, 2022
Employment Law and Attorney Fees from the Employee Perspective | Jason Smith
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, March 31, 2022
Introducing The Portia Project | M.C. Sungaila
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, March 17, 2022
Addressing Burnout in the Legal Profession | Katie Rose Guest Pryal
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, March 03, 2022
Developing a Niche Within Your Law Practice | Zach Wolfe
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, February 17, 2022
Serving as Appellate Counsel on a Trial Team | Kirk Pittard
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, February 03, 2022
Criminal Appeals from the Federal Public Defender's Perspective | Matthew Wright
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, January 20, 2022
Overseeing the Texas Pattern Jury Charges | Judge Dan Hinde
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, January 06, 2022
A Primer on the Texas Bar Disciplinary System | Seana Willing
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: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Wed, December 22, 2021
Happy Holidays from the Texas Appellate Law Podcast!
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, December 16, 2021
Expanding Pro Bono Appellate Services | Mike Truesdale
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, December 09, 2021
What Lawyers Need to Know About Cybersecurity | Dennis Van Metre
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, December 02, 2021
An Unexpected Path to the Appellate Bench | Justice Rebeca Huddle
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, November 18, 2021
Authenticity and Finding Your Place in the Law | Karen Vladeck
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, November 11, 2021
Building a Library of Law Practice Advice | Jonah Perlin
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, November 04, 2021
Criminal Appeals from the DA's Perspective | Andrew Warthen
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, October 28, 2021
Why Lawyers Should Care About Typography | Matthew Butterick
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, October 21, 2021
A Different Kind of Advocacy | Amy & Steve Bresnen
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube
Thu, October 14, 2021
A Texas Legislative Postmortem | Jerry Bullard
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter Facebook LinkedIn <a href="https://www.youtube.com/channel/UC
Thu, October 07, 2021
Extraordinary Writs in Criminal Cases | Michael Falkenberg
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: Court Surety Bond Agency Thomson Reuters Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, September 30, 2021
Four Decades of Appellate Practice | Luther Munford
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, September 23, 2021
Extending into Other Media
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, September 16, 2021
Technology and the Future of Law Practice | Jake Heller
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: texapplawpod.com Twitter Facebook LinkedIn YouTube 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 .
Thu, September 02, 2021
Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd
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: texapplawpod.com Twitter Facebook LinkedIn YouTube 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 .
Bonus · Thu, August 26, 2021
A Milestone, Twitter Spaces, and a Call for Guests
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Thu, August 19, 2021
A Judicial Perspective on Using Technology at Oral Argument | Judge John Owens
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, August 12, 2021
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, August 05, 2021
The Evolution of Legal Publishing | Jason Wilson
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, July 29, 2021
Handling the Texas Supreme Court's Public Information | Osler McCarthy
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, July 22, 2021
From the Trial Bench to the Court of Criminal Appeals | Judge Bert Richardson
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, July 15, 2021
Disruption and Increasing Access to Justice | Chief Justice Bridget McCormack
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, July 08, 2021
Leveraging Technology to Improve Legal Writing | Ross Guberman
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, July 01, 2021
Psycholinguistics and Legal Writing | Judge Robert Bacharach
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, June 24, 2021
Original Proceedings and Emergency Relief in the Courts of Appeals | Kirk Cooper
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, June 17, 2021
Using AI to Improve the Briefing Process | Jacqueline Schafer
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, June 10, 2021
Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, June 03, 2021
Helping the Court Decide Your Case | Justice April Farris
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, May 27, 2021
Nontraditional Paths to a Career in Appellate Law | Mia Lorick
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, May 20, 2021
Appellate Practice Perspectives: Criminal Defense | Naomi Howard
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, May 13, 2021
Why Judges Should Be on Social Media | Judge Stephen Dillard
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, May 06, 2021
Perfecting the Remote Jury Trial | Judge Karin Crump
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, April 29, 2021
Paths to Texas Judicial Selection Reform | Chief Justice Tom Phillips
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, April 22, 2021
Promoting Diversity in Appellate Practice | Juvaria Khan
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, April 15, 2021
Building Credibility as an Appellate Advocate | Rachel Stinson
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 i n 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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, April 08, 2021
Appellate Practice Perspectives: Representing the State | John Messinger
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, April 01, 2021
A Trial Lawyer's Perspective on Appellate Practice | Carlos Soltero
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: TexAppLawPod.com Twitter Facebook LinkedIn YouTube
Bonus · Sat, March 20, 2021
Season 2 Coming Soon!
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: texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, February 11, 2021
Training the Next Generation of Appellate Lawyers | M.C. Sungaila
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, February 04, 2021
A Red River Crossover | Gabe Bass & Jana Knott
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, January 28, 2021
Tips and Traps When Recovering Appellate Attorney Fees
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: texapplawpod.com Twitter Facebook Instagram YouTube
Thu, January 21, 2021
Prelude to the 87th Texas Legislature | Jerry Bullard
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: appealsplus.com texapplawpod.com Twitter Facebook LinkedIn YouTube
Thu, January 14, 2021
Deconstructing a Virtual Jury Trial | Judge Roy Ferguson
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, January 07, 2021
From the Texas Supreme Court to the Fifth Circuit | Judge Don Willett
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, December 31, 2020
Appellate Practice Perspectives: Private Civil Firms | Reagan Simpson
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, December 24, 2020
Effective Storytelling in Appellate Briefs | Jason Steed
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, December 17, 2020
Appellate Blogging and Solo Practice | Howard Bashman
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, December 10, 2020
Litigating Issues Under State Constitutions | Judge Jeffrey Sutton
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, December 03, 2020
Well-Being Strategies for the Pandemic and the Holidays | Chris Ritter
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, November 26, 2020
Lessons Learned from Online Court Proceedings | Beth Thornburg
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, November 19, 2020
From Appellate Lawyer to Trial Judge | Judge Dustin Howell
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, November 12, 2020
Teaching and Learning Legal Research and Writing | Beth Wilensky
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, November 05, 2020
Planting Seeds in Amicus Practice | Carl Cecere
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, October 29, 2020
How to Get a Supersedeas Bond | Daniel Huckabay
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, October 22, 2020
From Appellate Lawyer to Appellate Justice: The Road to the Fifth Court of Appeals| Justice John Browning
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, October 15, 2020
Helping Courts Interpret Statutes | Daniel Olds
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, October 08, 2020
A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, October 01, 2020
Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen
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: texapplawpod.com Twitter Facebook Instagram YouTube
Thu, September 24, 2020
Trailblazing in the Rio Grande Valley | Justice Gina Benavides
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, September 17, 2020
Appeals, Jury Trials, and the Texas Constitution | Bill Chriss
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, September 10, 2020
Ruminations on a Career in Appellate Judging | Justice Paul Green
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, September 03, 2020
The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, August 27, 2020
Rethinking Your Role in the Legal Industry | Mike Whelan
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Thu, August 20, 2020
Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, August 11, 2020
Understanding the Texas Standards for Appellate Conduct | Kevin Dubose
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, August 04, 2020
Briefing Beyond Words | Mark Trachtenberg
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.
Tue, July 28, 2020
Appellate Review in Family Law Cases | Michelle O’Neil
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, July 21, 2020
Proper Advocacy in the Texas Supreme Court | Justice Brett Busby
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, July 14, 2020
Unlikely Heroes: The Fifth Circuit Four | Dr. Jack Bass
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, July 07, 2020
How to Make Your Written Advocacy Effective | Justice Elizabeth Kerr
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, June 30, 2020
Setting the Appellate Bar in Texas | Kevin Dubose
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, June 23, 2020
Using Checklists When Preserving Error for Appeal | Steve Hayes
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, June 16, 2020
Why Appeals Matter Even When the Odds Are Low
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, June 09, 2020
Discretionary Decisions in the Courts of Appeals| Michael Ritter
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Fri, May 29, 2020
The Second-Wave Virus: Ransomware Attack on the Courts
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, May 26, 2020
Making Appealing Arguments in Federal District Courts | Judge Jeff Brown
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, May 19, 2020
Providing Access to Courts Through Remote Technology in These Uncertain Times | David Slayton
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, May 12, 2020
Appellate Law in the Age of Video and Social Media | Raffi Melkonian
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, May 05, 2020
Court of Appeals Reversals by the Numbers | Kent Rutter
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, April 28, 2020
Sharing a Page from Lady Lawyer Diaries | Kendyl Hanks & Kristen LaFreniere
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 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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, April 21, 2020
Getting Your iPhone and iPad J.D. | Jeff Richardson
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 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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, April 14, 2020
Getting Wise About Appellate Law, Texas History, and Podcasting | Justice Ken Wise
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/ 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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, April 07, 2020
Transition from Bench to Practice and Judicial Mental Health | Justice Scott Field
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/ 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: appealsplus.com Twitter Facebook LinkedIn YouTube
Tue, March 31, 2020
Zooming into Remote Law Practice | Judge Emily Miskel
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Wed, March 25, 2020
How SCOTX Is Addressing the Coronavirus Pandemic | Blake Hawthorne
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Mon, March 23, 2020
Technology on Appeal, Present and Future | Blake Hawthorne
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Mon, March 23, 2020
SCOTX Petitions for Review and Decision Process | Justice Jeff Boyd
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: appealsplus.com Twitter Facebook LinkedIn YouTube
Sun, March 22, 2020
Notice of Our Appeal (Podcast)
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: appealsplus.com Twitter Facebook LinkedIn YouTube
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