Explore every episode of the podcast Texas Appellate Law Podcast
| Title | Pub. Date | Duration | |
|---|---|---|---|
| Looking Back and Looking Forward | Chief Justice Nathan Hecht | 12 Dec 2024 | 00:50:19 | |
Chief Justice Nathan Hecht is retiring after an extraordinary 43 years on the bench. In this special episode, he joins Todd Smith and Jody Sanders to reflect on his remarkable career as Texas's longest-serving Chief Justice. He shares personal stories, pivotal milestones, and the transformative reforms he championed, from modernizing court technology to improving access to justice. Don't miss this candid and inspiring conversation about Chief Justice Hecht's enduring legacy, his vision for the future of Texas courts, and his advice to the next generation of lawyers and judges. Love the show? Subscribe, rate, review, and share! A special thanks to our sponsors: Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: | |||
| Breaking Down the Robert Roberson Case: Criminal Appeals, Reform, and Separation of Powers | Doug Gladden | 14 Nov 2024 | 01:28:22 | |
The highly publicized Robert Roberson case has raised critical questions about the death penalty and separation of powers. In this episode, Todd Smith and Jody Sanders sit down with criminal defense attorney Doug Gladden to tackle this difficult topic. Known for his insightful legal commentary, Doug shares his career journey from serving as a prosecutor to his new role with the Harris County Public Defender's Office and how his views on justice have evolved along the way. The conversation moves into the challenges of criminal appellate practice, focusing on the high-profile Roberson case. Doug offers a unique perspective on the resource disparities between criminal and civil appeals, the nuances of indigent defense, and systemic issues within the criminal justice system. Tune in for a thought-provoking discussion that will resonate with legal professionals and the public alike. Love the show? Subscribe, rate, review, and share! A special thanks to our sponsors: Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: | |||
| Winning Cases on Legal Issues Before and During Trial | 18 Apr 2024 | 01:04:32 | |
As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this episode Todd Smith and Jody Sanders discuss ways parties can address legal issues before, during, and after trial that can simplify or dispose of a case. This episode offers practitioners effective ways to save their clients time, money, and the stress and uncertainty litigation creates. Love the show? Subscribe, rate, review, and share! A special thanks to our sponsors: Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: | |||
| Season 2 Coming Soon! | 19 Mar 2021 | 00:07:04 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Training the Next Generation of Appellate Lawyers | M.C. Sungaila | 11 Feb 2021 | 00:55:39 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| A Red River Crossover | Gabe Bass & Jana Knott | 04 Feb 2021 | 01:11:39 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Tips and Traps When Recovering Appellate Attorney Fees | 28 Jan 2021 | 00:45:26 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Prelude to the 87th Texas Legislature | Jerry Bullard | 21 Jan 2021 | 00:47:41 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Deconstructing a Virtual Jury Trial | Judge Roy Ferguson | 14 Jan 2021 | 01:09:35 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| From the Texas Supreme Court to the Fifth Circuit | Judge Don Willett | 07 Jan 2021 | 01:01:32 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Appellate Practice Perspectives: Private Civil Firms | Reagan Simpson | 31 Dec 2020 | 00:49:19 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Effective Storytelling in Appellate Briefs | Jason Steed | 24 Dec 2020 | 00:46:04 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Appellate Blogging and Solo Practice | Howard Bashman | 17 Dec 2020 | 00:46:36 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Navigating Federal Tort Claims on a National Scale | Tom Jacob | 14 Mar 2024 | 00:49:31 | |
Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under the Federal Tort Claims Act. Tom highlights the groundbreaking Sutherland Springs mass-shooting case, in which his firm secured a $230 million verdict against the Air Force. He also shares insights into the role of technology in legal practice, including how he leverages his coding skills to streamline his work. Join us for an engaging conversation about the intersection of law, technology, and advocacy. Love the show? Subscribe, rate, review, and share! A special thanks to our sponsors: Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: | |||
| Litigating Issues Under State Constitutions | Judge Jeffrey Sutton | 10 Dec 2020 | 00:50:02 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Well-Being Strategies for the Pandemic and the Holidays | Chris Ritter | 03 Dec 2020 | 00:49:22 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Lessons Learned from Online Court Proceedings | Beth Thornburg | 26 Nov 2020 | 01:02:43 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| From Appellate Lawyer to Trial Judge | Judge Dustin Howell | 19 Nov 2020 | 00:52:04 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Teaching and Learning Legal Research and Writing | Beth Wilensky | 12 Nov 2020 | 00:55:06 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Planting Seeds in Amicus Practice | Carl Cecere | 05 Nov 2020 | 00:44:22 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| How to Get a Supersedeas Bond | Daniel Huckabay | 29 Oct 2020 | 00:52:13 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| From Appellate Lawyer to Appellate Justice: The Road to the Fifth Court of Appeals| Justice John Browning | 22 Oct 2020 | 00:42:34 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Helping Courts Interpret Statutes | Daniel Olds | 15 Oct 2020 | 00:48:14 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa | 08 Oct 2020 | 00:55:29 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman | 29 Feb 2024 | 01:06:47 | |
Judicial clerkships can provide unparalleled access and prestige to young lawyers just entering practice. But because the judiciary requires confidentiality and secrecy to operate properly, often law students don’t know what to expect. The Legal Accountability Project is working to change that by making the system more transparent for law schools and law students. In this episode, Todd Smith and Jody Sanders explore the Legal Accountability Project’s goals in a discussion with LAP founder Aliza Shatzman and board member Appellate Court of Maryland Judge Doug Nazarian. They discuss their new initiative for judges, the Legal Accountability Project Pledge, which they are using to help create a more transparent, diverse, and rewarding clerkship system. They also talk about the rollout of LAP’s clerkship database of surveys from clerks on the various judges. Finally, Judge Nazarian shares his experience working in Maryland appellate courts. Love the show? Subscribe, rate, review, and share! A special thanks to our sponsors: Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: | |||
| Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen | 01 Oct 2020 | 00:44:36 | |
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! Join the Texas Appellate Law Podcast Community today: | |||
| Trailblazing in the Rio Grande Valley | Justice Gina Benavides | 24 Sep 2020 | 00:55:44 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Appeals, Jury Trials, and the Texas Constitution | Bill Chriss | 17 Sep 2020 | 00:52:45 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Ruminations on a Career in Appellate Judging | Justice Paul Green | 10 Sep 2020 | 00:41:21 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor | 03 Sep 2020 | 00:49:51 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Rethinking Your Role in the Legal Industry | Mike Whelan | 27 Aug 2020 | 00:45:35 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers | 20 Aug 2020 | 01:02:43 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Understanding the Texas Standards for Appellate Conduct | Kevin Dubose | 11 Aug 2020 | 00:34:20 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Briefing Beyond Words | Mark Trachtenberg | 04 Aug 2020 | 00:40:39 | |
Attorneys are skilled at painting pictures with words. But that can only get them so far. As technology has improved, so too has the opportunity to enrich briefing with visual aids—pictures, charts, videos, and animation. As courts move to electronic filings and briefs, attorneys who fail to adapt will get left behind. In this episode, Todd Smith and Jody Sanders interview Mark Trachtenberg from Haynes and Boone about his article, “Briefing Beyond Words,” and his tips and strategies for using visuals to enhance written advocacy. Mark draws from his own experience using visuals in trial courts and appellate courts and explains how they boosted the effectiveness of his advocacy. Mark also shares his insights about where this method is heading, the need for rules addressing visuals, and more. Follow this discussion to learn how effective visuals can make a huge difference at every stage of a case.
| |||
| Appellate Review in Family Law Cases | Michelle O’Neil | 28 Jul 2020 | 00:46:09 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Tackling Bullying in the Legal Profession | Scott Stolley | 18 Jan 2024 | 00:57:31 | |
In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from interactions with opposing counsel and judges to the challenges of managing clients and relationships with lawyers in the same firm. Tune in for a deep dive into how lawyers can counteract bullying behavior through professionalism, resilience, and respectful advocacy. Love the show? Subscribe, rate, review, and share! A special thanks to our sponsors: Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: | |||
| Proper Advocacy in the Texas Supreme Court | Justice Brett Busby | 21 Jul 2020 | 00:46:06 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Unlikely Heroes: The Fifth Circuit Four | Dr. Jack Bass | 14 Jul 2020 | 00:33:02 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| How to Make Your Written Advocacy Effective | Justice Elizabeth Kerr | 07 Jul 2020 | 00:39:25 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Setting the Appellate Bar in Texas | Kevin Dubose | 30 Jun 2020 | 00:41:17 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Using Checklists When Preserving Error for Appeal | Steve Hayes | 23 Jun 2020 | 00:38:33 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Why Appeals Matter Even When the Odds Are Low | 16 Jun 2020 | 00:36:17 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Discretionary Decisions in the Courts of Appeals| Michael Ritter | 09 Jun 2020 | 00:52:05 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| The Second-Wave Virus: Ransomware Attack on the Courts | 29 May 2020 | 00:34:18 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Making Appealing Arguments in Federal District Courts | Judge Jeff Brown | 26 May 2020 | 00:29:57 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Providing Access to Courts Through Remote Technology in These Uncertain Times | David Slayton | 19 May 2020 | 00:36:39 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| How Lawyers Should Approach Implementing AI into Their Practices | Tim Armstrong | 04 Jan 2024 | 00:59:00 | |
Artificial intelligence is a technological evolution that’s reshaping the future of law. But its rapid ascent contains both benefits and potential pitfalls for the unwary. In this episode, former Vinson & Elkins executive Tim Armstrong visits with Todd Smith and Jody Sanders about the evolving landscape of AI and its potential impact on the legal profession. Tim covers ways AI can change day-to-day tasks, like managing documents and conducting research and discovery. He also shares his personal experience from several decades of watching the shift from traditional practice to the digital forefront. Tim also provides practical insights on how attorneys can engage, learn, and adapt to stay ahead of the curve as AI continues to change the way we practice. Love the show? Subscribe, rate, review, and share! A special thanks to our sponsors: Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: | |||
| Appellate Law in the Age of Video and Social Media | Raffi Melkonian | 12 May 2020 | 00:34:12 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Court of Appeals Reversals by the Numbers | Kent Rutter | 05 May 2020 | 00:33:16 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||
| Sharing a Page from Lady Lawyer Diaries | Kendyl Hanks & Kristen LaFreniere | 28 Apr 2020 | 00:45:56 | |
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! Join the Texas Appellate Law Podcast Community today:
| |||