Texas Appellate Law Podcast

In this episode, hosts Todd Smith and Jody Sanders offer a mid-year check-in on the Texas Supreme Court's new petition-for-review rules. Building on Todd's Appellate Advocate article, A New Era in Texas Supreme Court Practice, they cover what changed between the preliminary and final rules, why the new 1,000-word introduction is "the most important thousand words you're going to draft," and how record-citation and no-more-unbriefed-issues requirements are reshaping petitions. They dig into whether the new structure will produce more per curiam dispositions, unpack the Court's first GVR in Noyes v. State ex rel. Voges, and trade practice tips on the accelerated clock, dead waiver letters, and vacation notices, with a look back at their preliminary-rules breakdown in Episode 157. Tune in for why Todd is now writing petitions that ask the Court to "PC reverse," and when a GVR may be the better ask.

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"Give yourself time, give yourself options." That refrain runs through this conversation as hosts Jody Sanders and Todd Smith break down what has changed in Texas supersedeas, the procedure for suspending a judgment during appeal. Drawing on Jody's Appellate Advocate article, "The Name's Bonds, Supersedeas Bonds," they cover the four ways to supersede a Texas judgment, how the required amount gets calculated, and the proof a debtor needs to rely on net worth or substantial economic harm. They focus on two fresh developments: the new mandatory alternative security under Rule 24.2(e), which lets some lower-net-worth debtors post non-cash assets and keep the income they produce, and the Texas Supreme Court's decision in In re Greystar Development & Construction, L.P., holding that the $25 million cap applies per debtor while leaving the joint-bond question open. They also get practical about why a net worth affidavit can stop enforcement and keep the sheriff away from your door. Listen in for a working field guide to suspending a Texas judgment.

For more on supersedeas, revisit E35 with Daniel Huckabay, E123 on supersedeas and recent rule changes, and E158 with Arturo Ayala.

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The real AI risk isn't hallucinations—it's not using AI at all. That's the counterintuitive argument from Ross Guberman, founder and CEO of BriefCatch, who tells hosts Todd Smith and Jody Sanders that lawyers ignoring AI may be approaching malpractice territory. BriefCatch now contains roughly 16,000 editing rules, up from about 10,000 in 2021. Ross introduces two new BriefCatch Next products: RealityCheck, an anti-hallucination tool that uses a red-yellow-green system to verify case citations and quotations against actual opinions; and CiteCheck, which identifies and corrects Bluebook citation errors. He also covers BriefCatch's early 2026 acquisition of WordRake and reveals that courts—despite their sanctions orders against lawyers—are quietly and actively deploying AI themselves.

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Wallace Jefferson, former Chief Justice of the Texas Supreme Court and newly installed President of the American Law Institute (ALI), joins Jody Sanders and Todd Smith for a wide-ranging conversation on appellate practice, judicial leadership, and legacy. Chief Justice Jefferson, a partner at Alexander Dubose & Jefferson LLP, discusses ALI's mission to modernize the law, the U.S. Supreme Court argument he made just eight years out of law school, and his discovery that an ancestor, Shedrick Willis, shod Sam Houston's horse while enslaved and served on the Waco City Council after gaining his freedom. "ALI," he says, "is a good model for how Americans can and should be talking to each other." Tune in for Chief Justice Jefferson's insights on cameras in courtrooms and the challenge facing ALI as artificial intelligence outpaces deliberate legal reform.

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Opposing counsel once called Chris Schandevel a "brief-writing ninja." He took it as a compliment. Years later, as he considered ways to add value to attorneys coming up behind him, Chris channeled that nickname into a side job: Brief-Writing Ninja, his training platform to help lawyers improve their writing skills. Why? Because good writing is good writing—whether you’re writing for a court or a high school essay. In this conversation with hosts Todd Smith and Jody Sanders, Chris shares practical tips such as replacing “moreover” with “and”; “nevertheless” with “even still”; and “accordingly” or “however” with “but.” The panel deliberates over questions that should concern any writer. Can you start a sentence with a conjunction? Should lawyers master “styles” in Word? Is Century Schoolbook a worthy font? Tune in for the answers.

Download Chris's Brief-Writing Ninja Legal Style Guide here.

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“We have just anything you could think of,” Amy Small says of the Texas State Law Library, where she is executive director. Open to all—no attorney license required—the library serves everyday Texans and the Supreme Court alike. In this episode, hosts Jody Sanders and Todd Smith invite Amy to unpack the library’s often-overlooked resources: remote access to HeinOnline, historical statutes back to 1879, eBooks with persistent annotations, Westlaw and Lexis access on the library’s public computers, and several dictionary collections. If your online research skills need a refresher, watch on YouTube as Amy shares her screen and navigates a database in real time. Stay tuned in as Amy recalls fielding a seventh-grade classroom’s question about the weirdest law in Texas. Hint: It has something to do with astronauts and voting.

The Texas State Law Library accepts questions by phone from 8 a.m. to 4:45 p.m., Monday through Friday, and on its website.

Visual references are included in this episode. Watch on YouTube to follow along with Amy’s screen shares.

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Election law in Texas is “very demanding” and “stressful because of the accelerated nature of the calendar,” says Elizabeth D. Alvarez. Elizabeth is head of civil litigation/election litigation atGuest & Gray and a 12-year election litigation practitioner who has represented state parties, national parties, and candidates on both sides of the aisle. She tells hosts Todd Smith and Jody Sanders that roughly 90% of Texas election litigation flows from the statutory writ of mandamus and injunction under Chapter 273 of the Election Code, and that fewer than 30 lawyers in the state have litigated a writ more than three times. She also tackles election integrity, calling voting machines "safer than paper." Tune in for her war story about winning an election contest that was so strange she felt like she was living in a John Grisham novel.

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Judge Amy Clark Meachum, the Local Administrative Judge for Travis County, joins hosts Todd Smith and Jody Sanders to unpack recent legislation affecting the Texas judiciary and what it means for how courts operate today. Judge Meachum traces the escalating reporting and accountability mandates imposed on Texas trial courts through the 88th and 89th Legislatures; explains the central docket fight and how the Supreme Court's latest rule amendments will affect the Travis County system; and breaks down the new summary judgment rule’s impact on the courts. The pressure to perform on paper is real, she says—judges are managing their dockets with one eye on clearance rates and the other on the State Commission on Judicial Conduct. "No one's checking your substance. They're just checking your numbers. And that's why I call it lies, damn lies, and statistics." Her advice for practitioners: file your summary judgment motion only when it's ready and will be worth the judge’s time.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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“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 andJody Sanders, “I just like the law so much that I think about it all the time.” In this conversation, Dylan discusses why he maintains both trial and appellate skills rather than specializing and suggests how trial lawyers can become strong appellate lawyers. Tune in for his insights and a few war stories, like the time he had to file a Supreme Court petition for writ of certiorari during Winter Storm Uri with no power or printer.

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"I give trial lawyers a menu of options,"Andrew Gould explains to hostsTodd Smith andJody 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."

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

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

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

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

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

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

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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.

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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.

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

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

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

Twitter:@Ahdieology

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

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

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

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

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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.

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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.

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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.

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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.

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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.

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

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

Twitter: @mckeds

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

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

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

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

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

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

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

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

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

Twitter: @kelleyclark_son 

LinkedIn: www.linkedin.com/in/kelleycmorris

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

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

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

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

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

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

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

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

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

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

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Previous episode discussed:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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!

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

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

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

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

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

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

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