Texas Appellate Law Podcast

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

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

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

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

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

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

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

Attorneys—in particular appellate attorneys—spend much of their time thinking about and engaging in legal writing. And, as jury trials and hearings become less frequent, legal writing takes on an increasingly outsized role in deciding legal disputes. So often, though, those attorneys had to learn many of their legal writing skills on the job. But, legal writing education has changed and continues to adapt to teach law students new and better methods for providing the best possible work product. On today’s show, Beth Wilensky, a Clinical Professor of Law at the University of Michigan, joins Todd Smith and Jody Sanders to talk about how law schools are responding to the increasing emphasis on legal writing and how they are training the next generations of advocates. Professor Wilensky also discusses her transition process from legal practice to teaching legal writing, and provides strategies and resources for practicing lawyers to improve their own legal writing and mentor others as they progress in their legal writing journey.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

In most appellate cases, the record and the arguments drive the decisions. But at the US Supreme Court and state supreme courts, amicus support often highlights other important considerations and potential impacts beyond the parties to the dispute. In this episode, Carl Cecere, owner of Cecere PC, joins Todd Smith and Jody Sanders to talk about his development of an amicus and US Supreme Court practice in a solo setting after working in both large and boutique firms. Listen to this episode to hear how Carl has focused on building his brand around Supreme Court advocacy and, in particular, amicus work, which he describes as planting seeds for a court that shape not only the particular cases, but future development in an area of law.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Supersedeas bonds are a familiar concept among lawyers who try cases, but the nuts and bolts of obtaining a bond are often a mystery. In this episode, Court Surety Bond Agency’s Daniel Huckabay joins Todd Smith and Jody Sanders to explain how judgment debtors may apply for a bond, the basic premium structure, and the types of collateral sureties consider in the underwriting process. Dan also discuss the importance of acting quickly when a client faces an adverse judgment and the advantages of preparing for that possibility in advance.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube