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
Apr 15, 2021 • 51min
Building Credibility as an Appellate Advocate | Rachel Stinson
In recent years, the amount of time lawyers spend in court and talking to judges has shrunk. As a result, an attorney’s credibility with judges has become increasingly important. Likewise, presenting clear, concise briefing and arguments helpful to judges and their staff has become critical. Rachel Stinson of Wright Close & Barger in Houston has a unique perspective on both issues, having spent time both in private practice and as a staff attorney at a state court of appeals and a federal district court. Rachel shares with Jody Sanders and Todd Smith how her extensive experience taught her to hone her credibility in terms of writing and how to make arguments in a way that help the decision makers do their jobs. They also discuss how changes in technology—particularly the impact of digital records—has streamlined appellate and trial practice.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Apr 8, 2021 • 52min
Appellate Practice Perspectives: Representing the State | John Messinger
Texas's Office of the State Prosecuting Attorney (SPA) may be one of the most important state agencies you didn't know. The SPA is an independent agency that represents the State of Texas before the state's highest criminal court, the Court of Criminal Appeals. While the Texas Solicitor General appears in both state and federal courts, the SPA focuses on monitoring cases of interest throughout the courts of appeals and handling petitions and writs to the CCA. John Messinger, one of the SPA's attorneys, joins Todd Smith and Jody Sanders to discuss what his office does and the outsized impact that it has on the Texas criminal justice system. John talks about how his office selects cases, tips for drafting petitions, and issues that affect both sides of the CCA's docket. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Apr 1, 2021 • 47min
A Trial Lawyer's Perspective on Appellate Practice | Carlos Soltero
Trial lawyers and appellate lawyers have different skill sets that compliment each other's practices. But some trial lawyers feel equally at home in both the trial and appellate courts. In this episode, Todd Smith and Jody Sanders talk to their first trial attorney guest, Carlos Soltero, about his experiences in both courts. Carlos offers his perspective as a trial lawyer on appellate practice, revealing how he handles his own appeals, where most of his work comes from, and how he is doing in the current pandemic. He talks the different roles he plays and shares some advice on dealing with jury charges, collaborative work, attorney fees, and more. Carlos also offers a peek at his book, Latinos and American Law, where he sheds light on the different ways the legal system has affected the Hispanic, Latino, and Mexican-American communities and individuals. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:TexAppLawPod.comTwitterFacebookLinkedInYouTube
Mar 20, 2021 • 7min
Season 2 Coming Soon!
Season 1 of the Texas Appellate Law Podcast wrapped up with our 50th episode, featuring M.C. Sungaila. We've continued to interview outstanding guests while on hiatus, and we're happy to share that we'll be resuming regular weekly episodes again soon. We're looking forward to trying new things and (hopefully) recording some episodes live and in-person during our second season! Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookLinkedInYouTube
Feb 11, 2021 • 56min
Training the Next Generation of Appellate Lawyers | M.C. Sungaila
It's difficult for new lawyers to transition into legal practice, but appellate practice is especially tough. This sometimes deters firms from investing the time and resources necessary to train new appellate attorneys, particularly when they are between law school and future clerkships. But, M.C. Sungaila, head of the appellate practice group at Buchalter, has developed a pilot fellowship program that seeks to address these issues. M.C. joins Todd Smith and Jody Sanders in this week's episode to talk about how her fellowship program helps develop new attorneys for a future in appellate law. M.C. also provides her insights as a Chambers-ranked California appellate attorney about California's appellate system and how it contrasts with other states.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Feb 4, 2021 • 1h 12min
A Red River Crossover | Gabe Bass & Jana Knott
While they share the Red River as a border, Texas and Oklahoma have lots of differences in their court systems—different court structures, different judicial selection processes, and different federal circuits. But they share one important similarity—they each have a podcast devoted to appellate practice. In a crossover episode between the Texas Appellate Law Podcast and the Oklahoma Appeals podcast, Todd Smith and Jody Sanders sit down with lawyers Gabe Bass and Jana Knott to discuss practicing in their respective states. They go deep into how their courts handle cases, decide between published and unpublished opinions, how judges are selected, the common sources of their appellate work, and electronic versus paper filing. Join them for an in-depth discussion of practice on both sides of the border.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Jan 28, 2021 • 45min
Tips and Traps When Recovering Appellate Attorney Fees
For over a decade, the Texas Supreme Court has tightened the proof necessary to recover attorney fees in Texas. That, coupled with Legislative expansion of fee shifting, makes understanding the standard even more important. This is particularly true about appellate fees, which, unlike federal court, must be estimated and proven before the appeal. This week, Todd Smith and Jody Sanders discuss the evolution of attorney-fee proof in Texas and ways attorneys can make the best record for both trial and appellate fees.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterFacebookInstagramYouTube
Jan 21, 2021 • 48min
Prelude to the 87th Texas Legislature | Jerry Bullard
Every other year, the Texas Legislature meets to take on the State’s challenges. Few people follow that process more closely that Jerry Bullard of Adams, Lynch, and Loftin. Jerry’s years of experience and newsletter keep legal practitioners throughout the state on top of bills and laws that affect the way they practice. In his spare time, Jerry also chairs the State Bar Appellate Section. This week, he talks to Todd Smith and Jody Sanders about bills and potential legislative issues affecting legal practice and gives insight on what we might see this session.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comtexapplawpod.comTwitterFacebookLinkedInYouTube
Jan 14, 2021 • 1h 10min
Deconstructing a Virtual Jury Trial | Judge Roy Ferguson
While some counties have many district courts, some district courts have many counties. Few judges have a larger territory to cover than Judge Roy Ferguson of the 394th District Court. Given the size of his district, with few local attorneys, Judge Ferguson served as one of the early adopters of remote proceedings when COVID-19 hit. In this conversation with hosts Todd Smith and Jody Sanders, he shares how the adoption of virtual technology improved access to justice in his district and benefitted citizens, parties to litigation, and their counsel. Judge Ferguson also conducted one of Texas’s first virtual civil jury trials and deconstructs his experience for the benefit of our listeners.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Jan 7, 2021 • 1h 2min
From the Texas Supreme Court to the Fifth Circuit | Judge Don Willett
Growing up in meager circumstances, Judge Don Willett never imagined he would serve as the Tweeter Laureate of Texas or, more notably, as a justice on the Texas Supreme Court and now on the Fifth Circuit Court of Appeals. Judge Willett credits his rise to the work ethic and sacrifices of his mother—a widow who worked long hours as a waitress to support him. Judge Willett applied that work ethic in both legal and policy jobs that put him on the path to the bench. In this week's episode, Judge Willett talks with Todd Smith and Jody Sanders about his career path, his judicial approach, and even font choices. He also shares some of the most memorable experiences he has had in his varied and fruitful career.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
