Texas Appellate Law Podcast

“We live in crazy times" is a phrase we hear a lot these days, Dr. Bill Chriss observes in this milestone 150th episode with hosts Todd Smith and Jody Sanders. But not the craziest America has ever seen. Drawing from his Law Day presentation, Bill examines how the nation's founding fathers—particularly Madison and Washington—foresaw the dangers of political factions and built safeguards to protect democracy. Modern trends like partisan gerrymandering and social media, he warns, are weakening those safeguards. As chair of the State Bar of Texas Appellate Section, Bill challenges lawyers to uphold their ethical duty to protect the judiciary, combat hyper-partisanship, and promote analytical thinking to preserve the republic.Connect and Learn More☑️ Dr. Bill Chriss | LinkedIn☑️ Todd Smith | LinkedIn | X | Bluesky☑️ Jody Sanders | LinkedIn | X | Bluesky☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and

“There's never any point at which I would have to say, ‘Well, I'm only going to do trial work now' or ‘I'm only going to do appellate work,'” Dylan Russell says. He can straddle that line because, as he explains to hosts Todd Smith and Jody Sanders, “I just like the law so much that I think about it all the time.” In this conversation, Dylan discusses why he maintains both trial and appellate skills rather than specializing and suggests how trial lawyers can become strong appellate lawyers. Tune in for his insights and a few war stories, like the time he had to file a Supreme Court petition for writ of certiorari during Winter Storm Uri with no power or printer.Connect and Learn More☑️ Dylan Russell | LinkedIn | Instagram | X | BlueSky☑️ Sorrels Law on LinkedIn | Instagram | Facebook ☑️ Todd Smith | LinkedIn | X | Bluesky☑️ Jody Sanders | LinkedIn | X | Bluesky☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe

"I give trial lawyers a menu of options," Andrew Gould explains to hosts Todd Smith and Jody Sanders about his strategic approach as head of appellate at plaintiffs' firm Arnold & Itkin. After building their appellate practice from scratch following his years as a federal prosecutor, Andrew shares battle-tested techniques for navigating the trial lawyer relationship. His "eyes-wide-open" philosophy ensures transparent communication about strategic decisions and potential appellate consequences. When asked about electoral changes affecting appellate courts, Andrew replies: "What matters to me as an appellate lawyer are the law and the facts, and that's all it should be."Connect and Learn More☑️ Andrew Gould | LinkedIn☑️ Arnold & Itkin on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by

Milo Bobbitt built an appellate practice from scratch at his firm. After an internship with then-Justice Willett at the Texas Supreme Court, he successfully defended a significant oil and gas contract victory on appeal, complete with a quote from the movie “Armageddon” in the opinion. "I was writing a new brief about every month for eight months straight," Milo recalls to hosts Todd Smith and Jody Sanders. Tune in as he offers practical strategies, such as volunteering for pro bono appeals and dispositive motions, for attorneys looking to develop appellate skills. As someone who has faced challenges – including being born partially deaf – Milo also stresses the importance of mentors and encourages new lawyers to take advantage of Texas's collegial appellate bar.Connect and Learn More☑️ Milo Bobbitt | LinkedIn☑️ Patel | Gaines, Attorneys at Law on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by

In this milestone episode, hosts Todd Smith and Jody Sanders celebrate the fifth anniversary of the Texas Appellate Law podcast. Reflecting on 145 episodes of conversations with judges, practitioners, and legal innovators, they discuss how the podcast has evolved alongside major shifts in legal practice—from the pandemic's acceleration of virtual proceedings to the emergence of AI in legal work. The hosts share personal insights about what they've learned from their guests, address listener questions about the 15th Court of Appeals and recent case law developments, and express gratitude for the community that has formed around their "backstage pass" to the appellate world. Their conversation offers both a retrospective and a forward-looking glimpse at the changing landscape of appellate practice.Looking ahead, Jody will present his paper on Broad-Form Issue Submission at the State Bar of Texas' Advanced Evidence and Discovery program in April (Houston) and May (San Antonio). Connect and Learn More☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Thomson Reuters

Hosts Todd Smith and Jody Sanders welcome Adam Shniderman of Alexander Dubose & Jefferson to discuss his unique journey through academia, clerkships, and private practice. Adam shares how his academic background in criminology and forensic evidence provided a solid foundation for his legal career. He compares clerking at the Texas Supreme Court and the Ninth Circuit, and he suggests that young lawyers should consider clerking as a way to enhance their skills. “It is a bit of drinking from a fire hose and learning a lot that you wouldn't necessarily learn as a first-year associate,” he says.Adam's insights about Texas appellate law are available on his Substack, named “14th & Colorado” after the intersection where the Supreme Court of Texas is located. Click here to subscribe.Connect and Learn More☑️ Adam Shniderman | LinkedIn | X | 14th & Colorado ☑️ Alexander Dubose & Jefferson | LinkedIn☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced

For Chris Dove, it started when he came upon articles in Above the Law about the saga of then-95-year-old federal Judge Pauline Newman. A giant in IP law, Judge Newman faced allegations of poor health and declining cognitive abilities in 2023. Those allegations led to a council's recommendation that the judge be suspended and a flurry of litigation. “When I started reading for myself,” Chris recalls to hosts Todd Smith and Jody Sanders, “I realized there is a whole system that goes on for policing and managing federal judges that I was unaware of.” Chris' investigation into the little-known system eventually led to his paper, “Who Judges The Judges? Judicial Qualification and Recusal,” and CLEs. With Todd and Jody, he discusses broader implications around the independence and accountability of federal judges. Connect and Learn More☑️ Chris Dove ☑️ Troutman Pepper Locke on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC | LinkedIn ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts |

Chief Justice Nathan Hecht is retiring after an extraordinary 43 years on the bench. In this special episode, he joins Todd Smith and Jody Sanders to reflect on his remarkable career as Texas's longest-serving Chief Justice. He shares personal stories, pivotal milestones, and the transformative reforms he championed, from modernizing court technology to improving access to justice. Don't miss this candid and inspiring conversation about Chief Justice Hecht's enduring legacy, his vision for the future of Texas courts, and his advice to the next generation of lawyers and judges.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

The highly publicized Robert Roberson case has raised critical questions about the death penalty and separation of powers. In this episode, Todd Smith and Jody Sanders sit down with criminal defense attorney Doug Gladden to tackle this difficult topic. Known for his insightful legal commentary, Doug shares his career journey from serving as a prosecutor to his new role with the Harris County Public Defender's Office and how his views on justice have evolved along the way. The conversation moves into the challenges of criminal appellate practice, focusing on the high-profile Roberson case. Doug offers a unique perspective on the resource disparities between criminal and civil appeals, the nuances of indigent defense, and systemic issues within the criminal justice system. Tune in for a thought-provoking discussion that will resonate with legal professionals and the public alike.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Access to justice remains a pervasive problem in the Texas legal system. In this episode, Todd Smith and Jody Sanders welcome Texas Supreme Court Justice Brett Busby and Kennon Wooten from Austin's Scott Douglass & McConnico to discuss the latest developments on this front. The conversation focuses on new Supreme Court rules for licensing paraprofessionals and court access assistants to help close the justice gap. Justice Busby shares insights on national trends and the Supreme Court's efforts to implement innovative legal solutions. Kennon provides a behind-the-scenes look at the process and the collaborative efforts required to bring these groundbreaking proposals to life. Tune in to hear about the scope of this initiative and how it will serve those who cannot afford traditional legal services.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

In this episode, Jody Sanders and Todd Smith chat with Colin Levy, Director of Legal and Evangelist at Malbec, 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 Malbec, where he focuses on contract lifecycle management, and highlights the significance of legal tech in enhancing efficiency and client service. Colin also offers advice for lawyers looking to integrate technology into their practices, advocating for experimentation and a problem-solving approach.

In this episode, Jody Sanders and Todd Smith delve into the state of jury charge practice and Casteel error after the Texas Supreme Court's recent decision on rehearing in Horton v. Kansas City Railway Co. Jody and Todd discuss the history of the Casteel doctrine, its implications on jury submissions, and how Horton alters the law as it developed over the past two decades. Building on insights from Jody's recent presentation at the Advanced Civil Trial Seminar, our hosts discuss Horton's adoption of a rebuttable presumption of harm and the challenges and strategies counsel must now consider when preparing, submitting, and objecting to jury charges.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

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: @AhdieologyLove the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

The Texas legal landscape will change significantly on September 1, 2024, with the launch of the Business Court and the 15th Court of Appeals. While the start date is set, many details are still uncertain. In this episode, Tyler Talbert, a board-certified civil appellate lawyer from Waco, joins hosts Todd Smith and Jody Sanders to delve into these groundbreaking new courts. Among the topics covered are what practitioners should expect when the courts open, the strategic implications for litigation, and the potential challenges that lie ahead. Tyler shares insights on the specialized jurisdiction of the Business Court, the statewide reach of the 15th Court of Appeals, and how these changes could reshape legal practice in Texas.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This makes it imperative for judges to leave participants in the system feeling that they have been treated fairly and respectfully. This procedural justice goes beyond just outcomes, focusing on the fairness of the processes used to make decisions. In this episode, Todd Smith and Jody Sanders talk with Judge Steve Leben, formerly of the Kansas Court of Appeals, about procedural justice and its role in shaping public perception of the court system. Judge Leben explains that procedural justice focuses on making the court process fair, understandable, and respectful for everyone involved. This episode serves as a valuable reservoir of insights for those interested in bolstering public trust and confidence in the integrity of the legal system.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Preparation is the key to winning at trial, and focus groups are a powerful tool for ensuring that a case is trial-ready. In this episode of the Texas Appellate Law Podcast, hosts Todd Smith and Jody Sanders visit with Austin-based trial lawyer and consultant Elizabeth Larrick of the Larrick Law Firm. Elizabeth shares her passion for helping lawyers prepare for trial using focus groups and jury feedback, detailing her journey from practicing personal injury law to becoming a trial consultant. Tune in to learn how focus groups can enhance trial readiness and help lead to successful outcomes.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Legal writing can be powerful, but only if it convinces the judge. Master the art of persuasion by presenting clear arguments. Luther Munford, a legal expert with experience in appellate litigation and various areas of law, dives deep into the world of Persuasive Legal Writing, offering valuable insights for lawyers who want to craft compelling briefs and arguments. While legal arguments rely on logic and precedent, Luther stresses the importance of ethos (character) and pathos (emotions). He also emphasizes the importance of considering the reader's perspective and what they already know or want to know. Effective legal writing should prioritize the judge's ease of comprehension. Tune in to this episode as Luther Munford guides you through transforming complex arguments into easy-to-follow paragraphs.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Are you facing a lawsuit in Texas? Don't wait for a courtroom battle to define your situation. This episode with Todd Smith and Jody Sanders equips you with powerful pre-trial strategies to potentially win your case before it even reaches a judge. They dive into the Texas Rule of Civil Procedure 91a Motion, a tool to challenge the very foundation of a weak lawsuit and seek early dismissal. The Texas Citizens Participation Act also comes under scrutiny, offering protection for your free speech and potentially stopping a lawsuit in its tracks if it arises from exercising your First Amendment rights. Finally, traditional and "no-evidence" Motions for Summary Judgment are explored, powerful options that leverage strong evidence on your part and expose weaknesses in the opposing side's case, potentially leading to a swift resolution in your favor without a full trial. By taking a proactive approach and utilizing these pre-trial strategies effectively, you can gain a significant advantage, strengthen your negotiating position, and potentially achieve a favorable outcome – all before the stress and expense of a full trial.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under the Federal Tort Claims Act. Tom highlights the groundbreaking Sutherland Springs mass-shooting case, in which his firm secured a $230 million verdict against the Air Force. He also shares insights into the role of technology in legal practice, including how he leverages his coding skills to streamline his work. Join us for an engaging conversation about the intersection of law, technology, and advocacy.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Judicial clerkships can provide unparalleled access and prestige to young lawyers just entering practice. But because the judiciary requires confidentiality and secrecy to operate properly, often law students don't know what to expect. The Legal Accountability Project is working to change that by making the system more transparent for law schools and law students. In this episode, Todd Smith and Jody Sanders explore the Legal Accountability Project's goals in a discussion with LAP founder Aliza Shatzman and board member Appellate Court of Maryland Judge Doug Nazarian. They discuss their new initiative for judges, the Legal Accountability Project Pledge, which they are using to help create a more transparent, diverse, and rewarding clerkship system. They also talk about the rollout of LAP's clerkship database of surveys from clerks on the various judges. Finally, Judge Nazarian shares his experience working in Maryland appellate courts.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from interactions with opposing counsel and judges to the challenges of managing clients and relationships with lawyers in the same firm. Tune in for a deep dive into how lawyers can counteract bullying behavior through professionalism, resilience, and respectful advocacy.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Artificial intelligence is a technological evolution that's reshaping the future of law. But its rapid ascent contains both benefits and potential pitfalls for the unwary. In this episode, former Vinson & Elkins executive Tim Armstrong visits with Todd Smith and Jody Sanders about the evolving landscape of AI and its potential impact on the legal profession. Tim covers ways AI can change day-to-day tasks, like managing documents and conducting research and discovery. He also shares his personal experience from several decades of watching the shift from traditional practice to the digital forefront. Tim also provides practical insights on how attorneys can engage, learn, and adapt to stay ahead of the curve as AI continues to change the way we practice.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

In this special year-end episode of the Texas Appellate Law Podcast, hosts Jody Sanders and Todd Smith reflect on the year, express gratitude to their audience and sponsors, and revisit past episodes relevant to coping with the holidays. They also touch on recent developments in Texas appellate law, including new rules from the Texas Supreme Court. The episode closes with holiday wishes and anticipation for exciting new content in 2024.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

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-edwardsLove the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Most people struggle with mental health issues. To cope with that trauma, sometimes people go downhill into addiction. In this episode, Brian Cuban, the 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 of mental health awareness and recovery, he shares how he managed to trek into that challenging journey of having significant mental health issues and going on trips to psychiatric facilities and jail. He also shares his story as an author and his shift into writing fiction. If you want to find your path to the point of acceptance, join Brian Cuban today. Tune in to this inspiring episode now.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has served the State in a variety of roles. She joins Todd Smith and Jody Sanders in this episode to discuss the insights she has gained over the course of her career. She also offers tips to appellate practitioners in both trial and appellate courts. Finally, she discusses the likely impact of the new Fifteenth Court of Appeals on the Third Court's docket. Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

In a world of electronic filing, fewer attorneys see appellate court clerks in person. It's easy to forget how critical their role is to keeping the courts open, efficient, and accessible. In this episode, Michael Cruz, clerk of the Fourth Court of Appeals in San Antonio, joins Todd Smith and Jody Sanders to talk about how he and his staff make that happen. Michael shares insights into the host of responsibilities an appellate clerk's office handles and how they manage to serve as both the court's support unit and its public face. He also shares some of his favorite moments and public interactions. Listen in to learn more about the unsung heroes that keep our courts running smoothly.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Legislative session years in Texas always bring uncertainty into legal practice. When the Legislature passes new laws impacting courts, the Texas Supreme Court has to make rules to give those laws effect. This week Todd Smith and Jody Sanders discuss several recent rule changes and additions from the Texas Supreme Court that will impact trial and appellate lawyers. These include important changes to supersedeas rules, electronic filing of orders and judgments, and permissive appeals. Join them for a detailed breakdown of the changes and how it might impact your practice.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Join us as we unpack the highlights of the 88th Texas Legislature. In this episode, Jerry Bullard discusses the ins and outs of business courts and their potential impact, plus other intriguing legal developments. He takes us on a legislative rollercoaster, touching on topics like online ticket sales, unauthorized disclosure of judicial opinions, and fascinating changes in bonds for legal appeals. Throughout the episode, Jerry breaks it all down, providing a candid and insightful view of what's on the horizon for Texas law. Whether you're a legal pro, an interested citizen, or just someone looking for engaging stories from the Texas legislature, this episode has something for you.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

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

Texas is one of the few states that offers a certified specialty in civil appellate law. In this episode, Kelley Morris, a partner at Wright Close and Barger in Houston, joins Jody Sanders and Todd Smith to talk about her experience going through the Texas Board of Legal Specialization process and successfully preparing for and taking the notoriously difficult specialization exam. Kelley also discusses her career, including a clerkship with the Texas Supreme Court, practicing in different-sized firms, and a mid-career federal clerkship. She offers interesting insights, contrasts, and takeaways from her extensive experience. Twitter: @kelleyclark_son LinkedIn: www.linkedin.com/in/kelleycmorris Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

So many technology tools exist today that can enable attorneys to practice more efficiently and effectively. But attorneys often either don't know about these tools or fear implementing them. In particular, much anxiety surrounds the implications of AI for the legal industry. In this episode, Todd Smith and Jody Sanders visit with Ernie Svenson—a former big-firm attorney who focuses on helping solo and small-firm lawyers leverage automation, outsourcing, and efficiency—about ways lawyers can incorporate legal technology to improve their practices and lives. Ernie sheds light on the strategies, tools, and trends that can shape the future of legal services. He also discusses the rise of AI and ways lawyers can use tools like ChatGPT cautiously but effectively.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

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

Cryptocurrency and blockchain are terms that have repeatedly found their way into legal headlines recently. But many practitioners and judges aren't yet familiar with what they are or the legal implications they present. In this episode, Jody Sanders and Todd Smith join Nelson Ebaugh, a litigator and appellate attorney in Houston, to discuss this technology and the legal issues it raises. Nelson has found himself on the forefront of cryptocurrency litigation and provides a history and understanding that's accessible to laypeople. He also offers insights into areas of the law that have started affecting cryptocurrency (like securities, criminal law, and privacy), where legal issues will continue to develop, and how attorneys can position themselves to have an impact.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

In this special joint episode, Jody Sanders and Todd Smith join their friend M.C. Sungaila to celebrate the 100th episode of her podcast, The Portia Project. Together, Jody, Todd, and M.C. talk podcasting, things they've learned, and memorable guests. Join them as their share their collective wisdom from more than 200 podcast episodes.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Is the Texas Appellate Law Podcast relocating? Not exactly. But in this crossover episode with The California Appellate Law Podcast, Todd Smith and Jody Sanders chat with their California counterparts, Tim Kowal and Jeff Lewis. Together, they share their experiences launching a podcast in the middle of the pandemic, their favorite (legal) war stories, and how the justice systems of their respective states responded to COVID-19 restrictions. They also discuss similarities and differences between the respective states' appellate systems. Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

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 LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Every two years, the Texas Legislature meets. During that process, legislators file dozens of bills that potentially impact legal practice and the court system. Luckily, Texas lawyers can rely on Jerry Bullard to provide insight and context on the various proposals. In this episode, Jerry joins Todd Smith and Jody Sanders to talk about what's going on at the 88th Legislative session that may interest legal practitioners. Will we get a statewide court of appeals or a reorganization of the appellate system? What about the creation of business courts? Join us to learn about what's potentially on the agenda for this session.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Many lawyers go to law school thinking that they want to litigate weighty Constitutional questions. But those cases don't often arise in regular practice. One area that does implicate the Constitution is First Amendment law, which winds through so many aspects of civil practice. Few people know that better than Tom Leatherbury, the founder and director of SMU's First Amendment Clinic. Tom joins Todd Smith and Jody Sanders to discuss his background in appellate law and his particular knowledge and expertise in First Amendment law. He also shares details about SMU's clinic—how it started and what they do to help litigants and train a new generation of attorneys interested in these important principles.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Justice Debra Lehrmann has served on the Texas Supreme Court longer than any woman before her. But even before that historic tenure, she served as a family law judge for many years. She joins Todd Smith and Jody Sanders in this episode to talk about her judicial experience and how her family law knowledge has impacted her career and the Supreme Court's decisions. She also shares her insights about the Texas Supreme Court and the recent changes in the Court's orders and rules relating to remote proceedings.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury charge includes the right questions and instructions or that error is preserved from the failure to do so. In this episode, Jody Sanders and Todd Smith continue their conversation with David Keltner, who shares his unmatched expertise in crafting and objecting to jury charges. David also offers his insights on oral argument and ways to use that time valuably to assist an appellate court in crafting the most favorable opinion.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Texas has one of the most developed appellate bars in the nation. That comes from years of dedicated attorneys working to implement standards and practices that have benefitted the State's legal system. David Keltner, a partner at Kelly Hart & Hallman, is one of those attorneys. David is a living appellate legend in Texas and has helped shape appellate practice in Texas for more than 45 years. He joins Jody Sanders and Todd Smith to discuss his background as a practitioner and appellate justice and his firsthand experience watching the evolution of appellate practice in Texas. He also shares his insights of creating workable approaches to appellate briefing and arguments.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Previous episode discussed:Chris Ritter: https://podcasts.apple.com/us/podcast/well-being-strategies-for-the-pandemic-and-the/id1504009131?i=1000501198802Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Very few civil cases end up going to trial. But even fewer have been tried since the pandemic hit. Like everything else, strategies to resolve cases through mediation, arbitration, and other alternative dispute resolution methods have had to change as well. In this episode, Jody Sanders and Todd Smith talk with Senior Judge, mediator, and arbitrator John Wooldridge about how attorneys can better utilize those processes post-pandemic. Judge Wooldridge also shares some insights for attorneys mediating cases on appeal and discusses a little-known way to clear up civil case backlogs—through use of a special judge procedure under Texas Civil Practice and Remedies Code chapter 151. Join us to discover new ways to get those long-pending cases resolved!Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Jody and Todd express their gratitude to the show's listeners, sponsors, and supporters. Happy Thanksgiving!Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Public-interest litigation is not for the faint of heart. So often, attorneys find themselves battling opponents with resources and influence or precedent that makes it difficult to prevail. But fighting to preserve rights and help vulnerable clients provides many different rewards. In this episode, Jody Sanders and Todd Smith interview Hannah Mullen, a staff attorney at the Council on American-Islamic Relations, Legal Defense Fund (CAIR LDF), about practicing public-interest litigation and its benefits and challenges. Hannah also shares her experience as a fellow in the Georgetown Immersion Clinic and her perspective on trial versus appellate practice.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Few judges in the Texas court system can claim to have served at every level—trial court, appellate court, and Texas Supreme Court. But this week's guest, Justice Jane Bland, has done all three! Her career of service to the people of Texas gives her a unique perspective on how the judicial system should work. Justice Bland joins Jody Sanders and Todd Smith to talk about her career path, from her journey as a Fifth Circuit clerk who later went into private practice with her mentor, and through the Texas judicial system. She also discusses efforts by her and other stakeholders to make the justice system more accessible to people with mental disabilities and her role as liaison to the Texas Supreme Court Historical Society.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss's Supreme Court and Appellate Practice Group, arguing before the Supreme Court is a regular occurrence. Kannon joins Jody Sanders and Todd Smith to discuss his path to Supreme Court advocacy and some of the unique challenges it offers. Kannon also discusses the stiff competition for Supreme Court-bound cases and breaks down advocacy tips for attorneys at every level of the court system. Join us to learn more about practicing before the nation's highest court.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

The U.S. Supreme Court always remains newsworthy, but the last few years have brought unprecedented change to the institution and the public's perception of it. Greg Stohr, the Supreme Court reporter for Bloomberg News, has maintained a front-row seat for more than two decades. In this episode, Greg joins Todd Smith and Jody Sanders to recount some of his firsthand observations of history in the making, including his award-winning coverage of the Court's Bush v. Gore decision. He also recounts his career from law school to journalism, the 2012 case on Obamacare, the CIA leak, and more. Greg then gives his insights on the differences between journalistic writing and legal writing and shares his opinions on the implications of issues currently before the Supreme Court.Love the show? Subscribe, rate, review, and share!Here's How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube