Texas Appellate Law Podcast

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.Connect and Learn More☑️ Justice David Gunn | LinkedIn☑️ Texas Courts of Appeals☑️ 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 Counsel Press

Arturo Ayala, Vice President of the Court Surety Bond Agency, shares his expertise on the intricacies of supersedeas bonds. He discusses the importance of timing in securing a bond post-verdict and outlines how underwriting is akin to banking. Arturo emphasizes evaluating collateral like real estate and shares tips on estimating costs and premiums. He also warns against delaying the bond process and explains the differences between federal and Texas practices regarding premium recoverability. His insights offer essential guidance for appellate lawyers navigating complex bond situations.

The Texas Supreme Court is overhauling its petition-for-review process, eliminating merits briefs before reviews. Hosts dive into the history of this shift and the challenges of the previous system, highlighting issues like cost and inefficiency. The proposed changes include a 6,500-word petition requirement and an emphasis on introductory sections to capture justices’ interest. They also discuss new rules around response waivers, preservation requirements, and the procedural timeline, urging listeners to provide feedback before the upcoming changes take effect.

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.Connect and Learn More☑️ Tad Bartlett | LinkedIn☑️ Fishman Haygood on LinkedIn | Instagram | Facebook | X☑️ 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 Counsel Press

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.Connect and Learn More☑️ KC Ashmore | LinkedIn☑️ Ashmore & Ashmore on Facebook | Instagram | 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 Counsel Press

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.”Connect and Learn More☑️ Kevin Dubose | LinkedIn☑️ Alexander Dubose & Jefferson☑️ 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 Counsel Press

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 hosts Todd Smith and Jody 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.Connect and Learn More☑️ Joe Stephens | LinkedIn☑️ Steno on LinkedIn | Instagram | Facebook | YouTube☑️ Texas Tech University School of Law☑️ 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 Counsel Press

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.”Connect and Learn More☑️ Vincent Wiscovitch | LinkedIn☑️ Janet Bennett | LinkedIn☑️ Counsel Press on LinkedIn | Facebook | YouTube☑️ 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 Counsel Press

"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.Connect and Learn More☑️ Christina Crozier | LinkedIn☑️ University of Houston Law Center☑️ Haynes Boone☑️ 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 Counsel Press

“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 Counsel Press