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
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
Dec 31, 2020 • 49min
Appellate Practice Perspectives: Private Civil Firms | Reagan Simpson
Although private civil appellate practice can be its own niche, there are many ways to do it—solo or in a boutique, mid-sized firm, or large firm. While the basics remain the same, the individual experience may vary greatly depending on the practice setting. Todd Smith and Jody Sanders sit down with Reagan Simpson of Yetter Coleman LLP to compare and contrast each of their experiences in various practice settings. Both Todd and Reagan started at large firms, with Reagan transitioning through various settings into a boutique practice, while Todd found his way to solo practice. Jody has spent his career working at a mid-size firm. They also talk about the various types of experiences appellate practice can bring, while Reagan discusses his career working as both a trial and appellate attorney.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Dec 24, 2020 • 46min
Effective Storytelling in Appellate Briefs | Jason Steed
Legal writing and literary writing share a common goal—telling stories in a way that engages the reader. But too often, legal briefs get bogged down in detail and technical language. This causes the brief to lose both the story and the reader. In this episode, Todd Smith and Jody Sanders talk with appellate attorney Jason Steed about how his experiences in creative writing and as an English professor help him prepare legal briefs that combine story with clear, concise legal writing. Jason also discusses ways to use tone and varying degrees of formality to keep the writing readable.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Dec 17, 2020 • 47min
Appellate Blogging and Solo Practice | Howard Bashman
For years, appellate attorneys and judges have stayed on top of the latest appellate news with the How Appealing blog. Howard Bashman, the attorney behind the blog, joins Todd Smith and Jody Sanders to share his journey into appellate law and starting his blog. Howard’s career has seen the full spectrum, starting as a clerk for Judge William Hutchinson of the Third Circuit, working at various sized firms, and finally settling into solo practice. Howard shares stories about maintaining a successful solo practice, building client relationships, and some of his more memorable cases.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Dec 10, 2020 • 50min
Litigating Issues Under State Constitutions | Judge Jeffrey Sutton
When representing clients, attorneys often think of constitutional rights only in terms of the federal constitution. But this narrow focus leaves out the 50 state constitutions, which can offer different and more protective rights than their federal counterpart. From his experience as Ohio Solicitor General through his time on the 6th Circuit, Judge Jeffrey Sutton has seen the impact that state constitutions can have on the rule of law. In his 2018 book, 51 Imperfect Solutions: States and the Making of American Constitutional Law, Judge Sutton outlined the ways raising state constitutional claims can improve a client's odds of success and provide greater protection of rights. In this episode, Judge Sutton joins Jody Sanders and Todd Smith to discuss considerations and strategies for parties who might otherwise forgo state constitutional claims. He also reflects on his time as a clerk for Justice Antonin Scalia—a phase of his career that influenced his later endeavors and his love of the law.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Dec 3, 2020 • 49min
Well-Being Strategies for the Pandemic and the Holidays | Chris Ritter
Mental health is an important topic that often goes unaddressed in the legal profession. Yet, one study revealed that nearly half the lawyers surveyed had struggled at some point with depression. Now more than ever, in this time of the pandemic, we need to bring awareness to mental-health issues and promote lawyer well-being. In this episode, Todd Smith and Jody Sanders are joined by the Director of the Texas Lawyers' Assistance Program, Chris Ritter. Chris shares his own struggle with alcohol and depression as a practicing lawyer, how he got through it, and how he now helps others in the legal industry. He sheds light on what makes lawyers vulnerable to mental-health issues and provides strategies for maintaining one's well-being during the pandemic and the upcoming holidays. Through it all, it helps to know that you are not alone and are not the only one fighting this battle. Join Chris as he offers comfort and guidance through this conversation.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Nov 26, 2020 • 1h 3min
Lessons Learned from Online Court Proceedings | Beth Thornburg
Technology has changed the practice of law in recent years, but the COVID-19 pandemic completely upended it. Remote court proceedings became the norm overnight. For many attorneys, this change required rethinking the way we practice. Few people have spent as much time examining and critiquing these new proceedings as SMU Law Professor Elizabeth Thornburg and her research team. She joins Jody Sanders and Todd Smith in this week’s episode to talk about their study, the findings, and ways attorneys and judges can handle and improve remote proceedings. She also addresses potential issues with online hearings, jury trials, and the impact of moving justice outside of the physical courthouse.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
Nov 19, 2020 • 52min
From Appellate Lawyer to Trial Judge | Judge Dustin Howell
Judge Dustin Howell of Travis County’s 200th District Court took a different path to the trial bench than most. Starting as a Spanish major, he entered the corporate world before going to law school. After law school, he took an appellate path, with a Texas Supreme Court clerkship, private practice, and time at the Texas Solicitor General’s office before ascending to the trial bench. Judge Howell joins Todd Smith and Jody Sanders in this week’s episode to talk about how his appellate experience impacts his work as a trial judge. He also offers insights on how trial judges think through cases, how lawyers can help educate judges, the challenges faced by court proceedings during the pandemic, and his plans for the future once his term is over.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube
