Shows
Texas Appellate Law PodcastUsing AI to Bridge the Justice Gap in Texas | Joe StephensThe world of public defense is traditionally challenged by limited resources. Appellate practice carries weighty time demands. Now comes AI—a disrupting force that can solve those problems and bridge the justice gap, says Joe Stephens. His insights come from several roles, including as chief public defender for the Caprock Regional Public Defender Office, consultant for Steno, a court reporting services firm with an AI-powered “Transcript Genius” tool, and clinical lecturer at Texas Tech University School of Law. “I just think that if you deploy it effectively, the results are just going to be incredible,” he tells hosts Todd Smith and...2025-07-1743 minTexas Appellate Law PodcastBeyond Printing: How Counsel Press Set the Bar for Appellate Support | Vincent Wiscovitch & Janet BennettThe marketplace may know Counsel Press as printers, but “we’re a lot more than that,” says Vincent Wiscovitch, senior appellate counsel. “We like to refer to ourselves as ‘appellate support providers,’ because anybody can be a printer. You could go to Staples and get a brief printed.” Counsel Press goes far beyond Staples, as Vincent and colleague Janet Bennett, appellate counsel, explain. From brief preparation and electronic filing to record compilation and hyperlinked e-briefs, they help lawyers navigate the complex maze of court rules across all 50 states and federal courts, providing everything from bluebooking and citation verification to ghostwriting a...2025-06-2653 minTexas Appellate Law PodcastTeaching the Next Generation of Legal Writers | Christina Crozier"If everyone can take out the fancy words from their language, we would all do better—law students and seasoned professionals alike." That observation comes from Christina Crozier, clinical assistant professor at the University of Houston Law Center and of counsel at Haynes Boone. In this conversation with hosts Todd Smith and Jody Sanders, Christina reveals four simple hacks that can improve legal writing, from the “lunch test” for word choice to guidance on sentence and paragraph length. Tune in for her insights about AI's impact on research and writing, the importance of verification in an era of hallucination, and he...2025-06-1245 minTexas Appellate Law PodcastPreserving the Republic: Law Day Reflections on History and the Legal Profession | Bill Chriss“We live in crazy times" is a phrase we hear a lot these days, Dr. Bill Chriss observes in this milestone 150th episode with hosts Todd Smith and Jody Sanders. But not the craziest America has ever seen. Drawing from his Law Day presentation, Bill examines how the nation’s founding fathers—particularly Madison and Washington—foresaw the dangers of political factions and built safeguards to protect democracy. Modern trends like partisan gerrymandering and social media, he warns, are weakening those safeguards. As chair of the State Bar of Texas Appellate Section, Bill challenges lawyers to uphold their ethical duty to...2025-05-1547 minTexas Appellate Law PodcastStraddling the Line Between Trial Work and Appellate Practice | Dylan Russell“There's never any point at which I would have to say, ‘Well, I'm only going to do trial work now’ or ‘I'm only going to do appellate work,’” Dylan Russell says. He can straddle that line because, as he explains to hosts Todd Smith and Jody Sanders, “I just like the law so much that I think about it all the time.” In this conversation, Dylan discusses why he maintains both trial and appellate skills rather than specializing and suggests how trial lawyers can become strong appellate lawyers. Tune in for his insights and a few war stories, like the time he had...2025-05-0154 minTexas Appellate Law PodcastLaunching an Appellate Team Inside a Plaintiff-Oriented Firm | Andrew Gould"I give trial lawyers a menu of options," Andrew Gould explains to hosts Todd Smith and Jody Sanders about his strategic approach as head of appellate at plaintiffs' firm Arnold & Itkin. After building their appellate practice from scratch following his years as a federal prosecutor, Andrew shares battle-tested techniques for navigating the trial lawyer relationship. His "eyes-wide-open" philosophy ensures transparent communication about strategic decisions and potential appellate consequences. When asked about electoral changes affecting appellate courts, Andrew replies: "What matters to me as an appellate lawyer are the law and the facts, and that's all it should be."2025-04-171h 00Texas Appellate Law PodcastOvercoming Obstacles on the Path to Becoming an Appellate Lawyer | Milo BobbittMilo Bobbitt built an appellate practice from scratch at his firm. After an internship with then-Justice Willett at the Texas Supreme Court, he successfully defended a significant oil and gas contract victory on appeal, complete with a quote from the movie “Armageddon” in the opinion. "I was writing a new brief about every month for eight months straight," Milo recalls to hosts Todd Smith and Jody Sanders. Tune in as he offers practical strategies, such as volunteering for pro bono appeals and dispositive motions, for attorneys looking to develop appellate skills. As someone who has faced challenges – including being born p...2025-04-0347 minTexas Appellate Law PodcastBehind the Mic: Five Years of the Texas Appellate Law PodcastIn 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 th...2025-03-2049 minTexas Appellate Law PodcastClerking, Courts, and Concurrences | Adam ShnidermanHosts 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 insi...2025-03-0639 minTexas Appellate Law PodcastAddressing Misconduct and Disability in the Federal Judiciary | Chris DoveFor 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...2025-02-2058 minTexas Appellate Law PodcastLooking Back and Looking Forward | Chief Justice Nathan HechtChief 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, a...2024-12-1250 minTexas Appellate Law PodcastBreaking Down the Robert Roberson Case: Criminal Appeals, Reform, and Separation of Powers | Doug GladdenThe 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...2024-11-141h 28Texas Appellate Law PodcastA New Approach to Narrowing the Texas Civil Justice Chasm | Justice Brett Busby and Kennon WootenAccess 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...2024-10-241h 07Texas Appellate Law PodcastBridging the Gap Between Law and Technology | Colin LevyIn 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...2024-08-0843 minTexas Appellate Law PodcastJury 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 sign...2024-07-2543 minTexas Appellate Law PodcastBalancing Tradition and Innovation in Legal Education | Dean Bobby AhdiehThe 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...2024-06-2759 minTexas Appellate Law PodcastPrelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler TalbertThe 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...2024-06-1354 minTexas Appellate Law PodcastExploring Procedural Justice | Judge Steve LebenJudges 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 an...2024-05-3053 minTexas Appellate Law PodcastFocus Groups as a Trial-Preparation Tool | Elizabeth LarrickPreparation 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.2024-05-1649 minTexas Appellate Law PodcastTips for Persuasive Legal Writing | Luther MunfordLawyers 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...2024-05-0252 minTexas Appellate Law PodcastWinning Cases on Legal Issues Before and During TrialAs 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 s...2024-04-181h 04Texas Appellate Law PodcastNavigating Federal Tort Claims on a National Scale | Tom JacobSuing 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...2024-03-1449 minTexas Appellate Law PodcastWhy Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza ShatzmanJudicial 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...2024-02-291h 06Texas Appellate Law PodcastTackling Bullying in the Legal Profession | Scott StolleyIn 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 AgencyThomson R...2024-01-1857 minTexas Appellate Law PodcastHow Lawyers Should Approach Implementing AI into Their Practices | Tim ArmstrongArtificial 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 attorne...2024-01-0459 minTexas Appellate Law PodcastHappy Holidays and Parting Thoughts for 2023In 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 AgencyThomson Reuters2023-12-2207 minTexas Appellate Law PodcastHandling Post-Conviction Death Penalty Cases Pro Bono | McKenzie EdwardsFinding 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 ho...2023-12-1447 minTexas Appellate Law PodcastEmerging Ethical Issues for Lawyers Using AI | Derek BaumanArtificial 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...2023-11-161h 10Texas Appellate Law PodcastA Longtime Trial Judge's View from the Appellate Bench | Justice Gisela TrianaFew 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 doc...2023-11-0255 minTexas Appellate Law PodcastInside the Fourth Court of Appeals' Clerk's Office | Michael CruzIn 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...2023-10-1950 minTexas Appellate Law PodcastSupersedeas and Other Recent Rule ChangesLegislative 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, r...2023-09-2859 minTexas Appellate Law PodcastTaking Control of Your Practice by Setting Boundaries | Kiele Linroth PaceThis 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...2023-07-271h 20Texas Appellate Law PodcastHow to Become Board-Certified in Civil Appellate Law | Kelley MorrisTexas 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 ...2023-06-2952 minTexas Appellate Law PodcastSystems and the Emergence of AI in Law Practice | Ernie SvensonSo 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 lega...2023-06-1554 minTexas Appellate Law PodcastUnderstanding the SCOTUS Shadow Docket | Steve VladeckIn 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...2023-06-0145 minTexas Appellate Law PodcastA Lawyer’s Guide to Blockchain and Cryptocurrency | Nelson EbaughCryptocurrency 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, crimi...2023-05-1848 minTexas Appellate Law PodcastThe Portia Project Podcast Crossover Episode | M.C. SungailaIn this special joint episode, Jody Sanders and Todd Smith join their friend M.C. Sungaila to celebrate the 100th episode of her podcast, The Portia Project. Together, Jody, Todd, and M.C. talk podcasting, things they’ve learned, and memorable guests. Join them as their share their collective wisdom from more than 200 podcast episodes.Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLP2023-04-2057 minTexas Appellate Law PodcastDon't California My Texas! | Tim Kowal & Jeff LewisIs 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 sp...2023-04-061h 00Texas Appellate Law PodcastChecking In On The 88th Texas Legislature | Jerry BullardEvery two years, the Texas Legislature meets. During that process, legislators file dozens of bills that potentially impact legal practice and the court system. Luckily, Texas lawyers can rely on Jerry Bullard to provide insight and context on the various proposals. In this episode, Jerry joins Todd Smith and Jody Sanders to talk about what’s going on at the 88th Legislative session that may interest legal practitioners. Will we get a statewide court of appeals or a reorganization of the appellate system? What about the creation of business courts? Join us to learn about what’s potentially on the ag...2023-03-2351 minTexas Appellate Law Podcast"So Many First Amendment Violations, So Little Time" | Tom LeatherburyMany 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...2023-03-0947 minTexas Appellate Law PodcastBringing Family Law Expertise to SCOTX | Justice Debra LehrmannJustice 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...2023-02-231h 08Texas Appellate Law PodcastJury Charges and Oral Argument | David KeltnerWhen 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...2023-01-2655 minTexas Appellate Law PodcastThe Evolution of Texas Appellate Practice | David KeltnerTexas 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 insig...2023-01-1247 minTexas Appellate Law PodcastClearing the Pandemic Backlog with Special Judges | Judge John WooldridgeVery 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 Civ...2022-12-0156 minTexas Appellate Law PodcastThe Intersection of Appellate Law and Public Interest Practice | Hannah MullenPublic-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.2022-11-1041 minTexas Appellate Law PodcastJudging and Advocacy at Every Level | Justice Jane BlandFew 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 oth...2022-10-2749 minTexas Appellate Law PodcastPracticing Before the U.S. Supreme Court | Kannon ShanmugamFor 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 mor...2022-10-1354 minTexas Appellate Law PodcastReporting on the U.S. Supreme Court | Greg StohrThe 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...2022-09-2943 minTexas Appellate Law PodcastExtending Title VII to Federal Judicial Employees | Aliza ShatzmanJudicial 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...2022-09-1538 minTexas Appellate Law PodcastLegal Writing for the New Generation | Chad BaruchAny 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 h...2022-09-0154 minTexas Appellate Law PodcastHow Voir Dire Fits with Appellate Practice | Robert SwaffordConducting 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...2022-08-181h 03Texas Appellate Law PodcastPotential Changes to SCOTX Petition Practice | Justice Evan YoungTexas 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.2022-08-041h 09Texas Appellate Law PodcastReflections on 100 EpisodesThis 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 t...2022-07-2139 minTexas Appellate Law PodcastInnovation in the Business of Law | Rocky DhirSome 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 sh...2022-07-0753 minTexas Appellate Law PodcastCommunicating Effectively With In-House Counsel | Karen DelaneyMany 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 comm...2022-06-2349 minTexas Appellate Law PodcastA Look Inside UT Law's U.S. Supreme Court Clinic | Erin BusbyFor 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 th...2022-06-0947 minTexas Appellate Law Podcast"Walking the Walk" on Lawyer Well-Being | Bree BuchananServing 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 discuss...2022-05-2652 minTexas Appellate Law PodcastHandling Appeals from Veterans Claims | Chris AttigThe 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 w...2022-05-1255 minTexas Appellate Law PodcastEnhancing Your Visibility Through Media Commentary | David CoaleWhile 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 podc...2022-04-281h 01Texas Appellate Law PodcastEmployment Law and Attorney Fees from the Employee Perspective | Jason SmithEmployment 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...2022-04-1451 minTexas Appellate Law PodcastIntroducing The Portia Project | M.C. SungailaThis 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...2022-03-3140 minTexas Appellate Law PodcastDeveloping a Niche Within Your Law Practice | Zach WolfeAttorneys 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 ch...2022-03-0356 minTexas Appellate Law PodcastServing as Appellate Counsel on a Trial Team | Kirk PittardSometimes 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 ma...2022-02-1754 minTexas Appellate Law PodcastCriminal Appeals from the Federal Public Defender's Perspective | Matthew WrightThe 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...2022-02-0353 min
Texas Appellate Law PodcastOverseeing the Texas Pattern Jury Charges | Judge Dan HindeTexas 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 H...2022-01-2048 minTexas Appellate Law PodcastA Primer on the Texas Bar Disciplinary System | Seana WillingThe 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 sho...2022-01-061h 03Texas Appellate Law PodcastHappy 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 AgencyThomson ReutersJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube2021-12-2202 minTexas Appellate Law PodcastExpanding Pro Bono Appellate Services | Mike TruesdaleAlthough 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 a...2021-12-1645 minTexas Appellate Law PodcastWhat Lawyers Need to Know About Cybersecurity | Dennis Van MetreAs 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 thems...2021-12-0955 minTexas Appellate Law PodcastAn Unexpected Path to the Appellate Bench | Justice Rebeca HuddlePeople 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 sh...2021-12-0251 minTexas Appellate Law PodcastAuthenticity and Finding Your Place in the Law | Karen VladeckBalancing 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...2021-11-1856 minTexas Appellate Law PodcastBuilding a Library of Law Practice Advice | Jonah PerlinThere 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 cle...2021-11-111h 02Texas Appellate Law PodcastCriminal Appeals from the DA's Perspective | Andrew WarthenIn 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 exp...2021-11-0448 minTexas Appellate Law PodcastWhy Lawyers Should Care About Typography | Matthew ButterickAttorneys 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...2021-10-281h 01Texas Appellate Law PodcastA Different Kind of Advocacy | Amy & Steve BresnenLobbying 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 involv...2021-10-2155 minTexas Appellate Law PodcastA Texas Legislative Postmortem | Jerry BullardThis 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!Lov...2021-10-1451 minTexas Appellate Law PodcastExtraordinary Writs in Criminal Cases | Michael FalkenbergMost 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 a...2021-10-0749 minTexas Appellate Law PodcastFour Decades of Appellate Practice | Luther MunfordOver 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 inclu...2021-09-3041 minTexas Appellate Law PodcastExtending into Other MediaIn 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.comTwitterFacebookLinkedInYouTube2021-09-2339 minTexas Appellate Law PodcastTechnology and the Future of Law Practice | Jake HellerAs 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 in...2021-09-1654 minTexas Appellate Law PodcastA Judicial Perspective on Using Technology at Oral Argument | Judge John OwensWhile 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...2021-08-191h 08Texas Appellate Law PodcastCourt of Appeals Reversals from a Criminal Perspective | Jim HugglerWhile 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 th...2021-08-1247 minTexas Appellate Law PodcastThe Evolution of Legal Publishing | Jason WilsonWhen 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 att...2021-08-0551 minTexas Appellate Law PodcastHandling the Texas Supreme Court's Public Information | Osler McCarthyAny 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...2021-07-2942 minTexas Appellate Law PodcastFrom the Trial Bench to the Court of Criminal Appeals | Judge Bert RichardsonPeople 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.Lo...2021-07-2246 minTexas Appellate Law PodcastDisruption and Increasing Access to Justice | Chief Justice Bridget McCormackCOVID-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? Subsc...2021-07-1541 minTexas Appellate Law PodcastLeveraging Technology to Improve Legal Writing | Ross GubermanMost 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...2021-07-0847 minTexas Appellate Law PodcastPsycholinguistics and Legal Writing | Judge Robert BacharachAs 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...2021-07-0152 minTexas Appellate Law PodcastOriginal Proceedings and Emergency Relief in the Courts of Appeals | Kirk CooperThe 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? Subsc...2021-06-241h 02Texas Appellate Law PodcastUsing AI to Improve the Briefing Process | Jacqueline SchaferIf 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 docu...2021-06-1752 minTexas Appellate Law PodcastStare Decisis and Advocacy in the Court of Criminal Appeals | Judge David NewellUnlike 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...2021-06-101h 01Texas Appellate Law PodcastPromoting Diversity in Appellate Practice | Juvaria KhanThe 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 expl...2021-04-2242 minTexas Appellate Law PodcastAppellate Practice Perspectives: Private Civil Firms | Reagan SimpsonAlthough 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...2020-12-3149 minTexas Appellate Law PodcastWorking with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate LawyersSo 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 stre...2020-08-201h 02
Texas Appellate Law PodcastWhy Appeals Matter Even When the Odds Are LowStatistically 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...2020-06-1636 minTexas Appellate Law PodcastCourt of Appeals Reversals by the Numbers | Kent RutterJody 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:
2020-05-0533 minTexas Appellate Law PodcastSharing a Page from Lady Lawyer Diaries | Kendyl Hanks & Kristen LaFreniereJody 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:
...2020-04-2845 minTexas Appellate Law PodcastGetting Your iPhone and iPad J.D. | Jeff RichardsonTodd 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...2020-04-2132 minTexas Appellate Law PodcastGetting Wise About Appellate Law, Texas History, and Podcasting | Justice Ken WiseTodd 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...2020-04-1426 minTexas Appellate Law PodcastTransition from Bench to Practice and Judicial Mental Health | Justice Scott FieldTodd 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...2020-04-0732 min