Texas Appellate Law Podcast
Todd Smith & Jody Sanders
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.
Produced and powered by LawPods, podcast marketing that converts prospects and drives revenue.
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.
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.
Produced and powered by LawPods, podcast marketing that converts prospects and drives revenue.
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.
Episodes
Mentioned books
Jul 15, 2021 • 41min
Disruption and Increasing Access to Justice | Chief Justice Bridget McCormack
COVID-19 created both challenges and solutions for courts and legal practitioners. Fortunately, many states, like Michigan, adapted quickly and were able to provide legal access throughout the pandemic. This week, Michigan Supreme Court Chief Justice Bridget McCormack joins Jody Sanders and Todd Smith to discuss her state‘s response and the tremendous opportunities for increasing access to justice that the pandemic provided. Chief Justice McCormack details the impact that technology can have on court access and connecting traditionally-underserved populations. She also offers a valuable perspective on judicial use of social media.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Jul 8, 2021 • 48min
Leveraging Technology to Improve Legal Writing | Ross Guberman
Most legal writers know about Ross Guberman, author and founder of Legal Writing Pro. Ross was one of the first legal writing instructors to work with law firms and practitioners across the country. Ross also developed BriefCatch, a software solution that helps legal writers make their briefs and motions better. In this week’s episode, Ross talks with Todd Smith and Jody Sanders about his teaching, his books on legal and judicial opinion writing, and BriefCatch—all with the aim to improve written work product across the legal industry.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Jul 1, 2021 • 53min
Psycholinguistics and Legal Writing | Judge Robert Bacharach
As a practitioner, federal magistrate, and now Tenth Circuit judge, Judge Robert Bacharach has seen many different types of legal writing. Recognizing that legal writing can always improve, he studied both historical writing and oratory alongside the science of psycholinguistics and found a new way to help legal writers better their craft. In this week’s episode, Judge Bacharach joins Jody Sanders and Todd Smith to share the ideas he compiled in his book, Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word. Judge Bacharach talks about his career, his path to the bench and appointment to the Tenth Circuit, and his process for writing the book. He also shares his perspective on ways to make briefing more interesting for readers while still providing valuable information.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Jun 24, 2021 • 1h 2min
Original Proceedings and Emergency Relief in the Courts of Appeals | Kirk Cooper
The inner workings of courts of appeals are sometimes hard to understand from the outside. Staff attorneys play a critical role in screening cases, assisting the justices, and helping the court handle its workload. This week, Todd Smith and Jody Sanders get an inside look at that process from their guest, the El Paso Court of Appeals’ Chief Staff Attorney, Kirk Cooper. Kirk gives an insider’s view of how the El Paso Court works, how it has handled challenges from the pandemic, and his background and path to appellate law.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Jun 17, 2021 • 53min
Using AI to Improve the Briefing Process | Jacqueline Schafer
If the COVID-19 pandemic taught attorneys anything, it’s that technology can change the practice of law and maximize efficiency in ways we never thought possible. But, even before the pandemic, lawyers and innovators were looking at how technology can benefit legal practice. In this week’s episode, Todd Smith and Jody Sanders visit with Jacqueline Schafer, founder and CEO of Clearbrief, about how her company has combined artificial-intelligence technology with brief writing to help both the lawyers drafting motions and appellate briefs and the courts reading them. Clearbrief is accessible in Microsoft Word, and it automatically analyzes a document’s text against the factual and legal sources cited to test the document’s accuracy. Jacqueline shares her vision of making Clearbrief so easy to use that even lawyers who don't like technology will feel comfortable with it. Join us for a discussion of the benefits and implications that incorporating AI technology into your practice may have.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Jun 10, 2021 • 1h 1min
Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell
Unlike many states, Texas has separate high courts for civil and criminal cases. Criminal practitioners follow the Texas Court of Criminal Appeals closely because its decisions impact criminal law in every corner of the state. As a former appellate prosecutor, Judge David Newell brings a unique perspective to that Court. Judge Newell joins Jody Sanders and Todd Smith in this episode to discuss his background, his experience as a prosecutor, and his path to running for statewide election as a first-time candidate. He also provides insights on Court of Criminal Appeals proceedings and how the Court responded to the pandemic, including its adoption of new technology and practices. Finally, Judge Newell discusses the Court’s credibility, the role stare decisis plays at the Court, and opinions he wrote of which he is particularly proud.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Jun 3, 2021 • 38min
Helping the Court Decide Your Case | Justice April Farris
Transitioning from private practice to the bench is an adjustment even in the best of times. But First Court of Appeals Justice April Farris made the switch in the middle of a pandemic when court operations and proceedings were fully remote. In this week's episode, Justice Farris joins Todd Smith and Jody Sanders to talk about her experiences in the Texas Solicitor General's office, private practice, and as a new appellate justice. She shares insights on helping the court solve problems and ways attorneys can get oral-argument experience through government service or criminal appointments. She also provides useful tips on making briefs and oral arguments more persuasive. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
May 27, 2021 • 41min
Nontraditional Paths to a Career in Appellate Law | Mia Lorick
Traditionally, the path to appellate practice often came through a judicial clerkship. But, in recent years, lawyers have worked to forge alternative routes. Mia Lorick, a partner at Locke Lord in Houston, is one of those lawyers. With a background in fine arts, Mia paved her own way into both trial and appellate practice by actively seeking out advocacy opportunities. In this week's episode, Mia shares her journey and offers tips for other lawyers and law students looking to establish themselves as appellate advocates. Mia also discusses her mission to increase diversity and inclusiveness in legal practice, some initiatives she launched to serve that goal, and her creation of the Suited for Success Scholarship, which helps law students obtain business dress clothes to help kick start their careers.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
May 20, 2021 • 1h 8min
Appellate Practice Perspectives: Criminal Defense | Naomi Howard
While this podcast focuses primarily on civil appeals, criminal appellate practice takes up a significant portion of appellate court dockets. In this episode, Todd Smith and Jody Sanders explore criminal appellate work with Naomi Howard, a Houston criminal defense attorney with Rusty Hardin & Associates. Passionate about criminal defense since her law school days, Naomi has handled defense and appellate work in Texas and federal courts, including the Texas Court of Criminal Appeals. Naomi discusses how to advocate for defendants in a system in which criminal reversals are rare and shows how creativity (and sometimes levity) can help improve advocacy and outcomes.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
May 13, 2021 • 47min
Why Judges Should Be on Social Media | Judge Stephen Dillard
Judges, particularly appellate judges, don't get much public interaction in their jobs. So, judges are learning to use social media to connect with and educate the public about their roles. Georgia Court of Appeals Judge Stephen Dillard has helped blaze that trail, adopting the mantra that, “If you're a judge and you're not on social media, that's political malpractice.” In this week's episode, Judge Dillard explains why it’s crucial for judges to be actively engaged on social media or to use those platforms to help understand issues that might come before them. He also talks about how judges can balance their ethical duties with public engagement. Join us as we explore how judges (and lawyers) can learn from and engage in these communication channels. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
