
Texas Appellate Law Podcast
Welcome to the Texas Appellate Law Podcast—your backstage pass to the Texas and federal appellate systems. Join your hosts, Texas appellate lawyers Todd Smith and Jody Sanders, as they explore the nuances of appellate advocacy with judges, court staff, leading trial and appellate practitioners, academics, and legal innovators. Whether you're immersed in an appeal or building your trial strategy, each episode delivers practical insights to help you enhance your advocacy skills, strengthen your arguments, and stay current with evolving legal trends.
Connect with us at texapplawpod.com or on LinkedIn and X (@texapplawpod).
Brought to you by Texas Appellate Counsel PLLC, a solo practice dedicated to appellate advocacy, trial support, and consulting for trial lawyers. For more information visit texappcounsel.com.
Sponsored by Court Surety Bond Agency and Counsel Press.
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The views expressed by the participants on this podcast are their own and not those of their law firms, courts, or employers. Nothing you hear on this show establishes an attorney-client relationship or is legal advice.
Latest episodes

Oct 24, 2024 • 1h 8min
A New Approach to Narrowing the Texas Civil Justice Chasm | Justice Brett Busby and Kennon Wooten
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

Aug 8, 2024 • 43min
Bridging the Gap Between Law and Technology | Colin Levy
Colin Levy, Director of Legal and Evangelist at Malbec, shares his journey from in-house lawyer to a leader in legal technology. He discusses the critical need to integrate tech in the legal field and demystifies how accessibility can enhance service delivery. Colin emphasizes experimentation and a problem-solving mindset for lawyers adapting to new tools. He dives into generative AI's role in improving efficiency while highlighting the importance of reliable information. The conversation is a compelling call for continuous learning in the ever-evolving legal landscape.

Jul 25, 2024 • 44min
Jury Charge Practice After Horton v. Kansas City Railway Co.
Jury charge practice in Texas trials just got a shakeup thanks to the recent Horton v. Kansas City Railway Co. decision. In today’s episode, Todd Smith and Jody Sanders delve into the Texas Supreme Court’s recent pivot on Casteel error in jury charges. They analyze the implications for appellate practice, sparked by the Court’s revised stance in the Horton case. Formerly relied upon for its presumption of harm, Casteel error now requires prevailing parties to rebut a presumption that any error affected the jury's verdict. This nuanced shift, explored in detail by Todd and Jody, marks a significant evolution in Texas appellate law, prompting fresh considerations for trial attorneys and appellate strategists alike.

Jun 27, 2024 • 59min
Balancing Tradition and Innovation in Legal Education | Dean Bobby Ahdieh
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

Jun 13, 2024 • 54min
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert
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

May 30, 2024 • 53min
Exploring Procedural Justice | Judge Steve Leben
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

May 16, 2024 • 49min
Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick
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

May 2, 2024 • 52min
Tips for Persuasive Legal Writing | Luther Munford
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.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

Apr 18, 2024 • 1h 5min
Winning Cases on Legal Issues Before and During Trial
As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this episode Todd Smith and Jody Sanders discuss ways parties can address legal issues before, during, and after trial that can simplify or dispose of a case. This episode offers practitioners effective ways to save their clients time, money, and the stress and uncertainty litigation creates.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterLinkedInYouTube

Mar 14, 2024 • 50min
Navigating Federal Tort Claims on a National Scale | Tom Jacob
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