Texas Appellate Law Podcast

In 2011, Texas adopted the Texas Citizens Participation Act,  one of the broadest anti-SLAPP statutes in the nation. Since then, TCPA motions to dismiss and the resulting interlocutory appeals have proliferated, and both trial and appellate courts have struggled to reconcile the statute’s far-reaching language with just and fair results. Joining Todd Smith and Jody Sanders to talk about the TCPA is Amanda Taylor, a civil appellate specialist at Butler Snow and an expert on the subject. Amanda discusses the TCPA’s initial impact on the civil justice system, recent statutory amendments, and strategies for advising clients on TCPA motions and appeals. Listen in to learn about trends in this area and what they mean for present and future appellate law practice.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Practicing law means staying on top of the latest trends and developments to keep yourself educated and provide the best possible service to your clients. Mike Whelan Jr., the CEO of Lawyer Forward, joins Todd Smith and Jody Sanders to talk about how lawyers can thrive in a changing legal environment and institute changes in their practices that benefit the lawyers, their clients, and the legal industry as a whole. Mike offers tips to rethink the structures and roles of modern legal practices for both solo and big firm attorneys. Mike’s background in both logistics and legal practice provides him with unique insights for attorneys to maximize their strengths and build upon potential weaknesses to create new legal practice structures and relationships. As innovation becomes a necessary survival skill in the ever-changing legal market, lawyers who fail to adapt risk falling behind. This episode can help you identify ways to break through your constraints as an entrepreneur and how to support other parts of your law practice to maximize the benefits for you and your clients.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

So often, trial lawyers are expected to do it all when trying a case—prepping and examining witnesses, arguing motions, making objections, and preserving the record. This translates to early mornings, late nights, and opportunities for things to get overlooked. Having another set of eyes (and a different skill set) can not only lighten trial counsel’s load, but ensure a better outcome for the client. This is where appellate counsel can really add value. In their 25th episode, Todd Smith and Jody Sanders discuss ways that having appellate counsel involved at different stages of the litigation process can streamline the proceedings, create opportunities to determine legal issues early, and provide a more focused strategy to survive the trial and appellate process. Together, they share their own experiences in working with a trial counsel, what it is like for them individually, and how appellate lawyers bring value to trial teams. Todd and Jody also dive deep into the trial lawyer-appellate lawyer relationship when taking over a case and when it goes up on appeal. Follow this episode to learn tips that benefit trial and appellate counsel and, most importantly, the client.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Texas has adopted standards for appellate conduct that go beyond the disciplinary rules governing all licensed attorneys. Making his second appearance on the show is the resident expert on this topic, Kevin Dubose of Alexander Dubose & Jefferson LLP. With his insider knowledge and insights, Kevin explains the impetus behind the aptly-named Standards for Appellate Conduct, how they differ from the ordinary disciplinary rules, and how they reflect and reinforce the Texas appellate bar’s culture.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

Attorneys are skilled at painting pictures with words. But that can only get them so far. As technology has improved, so too has the opportunity to enrich briefing with visual aids—pictures, charts, videos, and animation. As courts move to electronic filings and briefs, attorneys who fail to adapt will get left behind. In this episode, Todd Smith and Jody Sanders interview Mark Trachtenberg from Haynes and Boone about his article, “Briefing Beyond Words,” and his tips and strategies for using visuals to enhance written advocacy. Mark draws from his own experience using visuals in trial courts and appellate courts and explains how they boosted the effectiveness of his advocacy. Mark also shares his insights about where this method is heading, the need for rules addressing visuals, and more. Follow this discussion to learn how effective visuals can make a huge difference at every stage of a case.

Family law appeals can be tricky because the legal standards differ from ordinary civil cases. Taking us into the appellate component of family law, Todd Smith and Jody Sanders interview Michelle O’Neil of O’Neil Wysocki Family Law to answer some questions about what makes family law appeals special. Michelle dives deep into some of her cases, helping us further understand temporary and final orders, abuse of discretion, and more. Michelle also talks about how COVID-19 has affected family law and the impact it is expected to have in the future.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

With a background as a U.S. Supreme Court law clerk, appellate practitioner, and Justice on Texas’s Fourteenth Court of Appeals, serving on the Texas Supreme Court seems like a natural fit for Justice Brett Busby. Today, he joins Todd Smith and Jody Sanders to share his experiences transitioning from the Court of Appeals to the Texas Supreme Court, including insights learned from the bench and from his background and experience as an appellate advocate.  Justice Busby provides timely tips for anyone appearing before the Texas Supreme Court—in person or remotely—and offers practical advice to strengthen appellate advocacy at any level.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

The Black Lives Matter Movement has opened a number of necessary conversations about racial injustice. Tapping into this timely subject, Todd Smith and Jody Sanders visit with Dr. Jack Bass, the author of nonfiction books focusing on southern politics, race relations, and law. Here, Dr. Bass takes us into his book Unlikely Heroes, which is a vivid account of the implementation of Brown v. Board of Education in the South by Fifth Circuit Judges committed to the rule of law. Dr. Bass taps into how these judges overcame obstruction and impacted segregation, desegregation, and voting rights. Listen in on this important discussion to learn more about these brave judges followed the law and battled racial inequality in an era when it was unpopular to do so.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

The importance of professional writing skills in law practice cannot be overstated. Trends in the legal world have increased the importance of written advocacy in an unprecedented way, especially with things going virtual. Todd Smith and Jody Sanders expound on this topic with their guest, Justice Elizabeth Kerr, from the Second Court of Appeals in Fort Worth, Texas. As a former civil litigator, Justice Kerr gained a fresh new perspective on written advocacy when she took the appellate bench. She sees written advocacy as something lawyers should take very seriously, and she believes that their written work should steer away from jargon-filled language toward more impactful messaging. Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube

A legal career can span many decades and different types of practices. In this episode, a long-time appellate attorney, Kevin Dubose of Alexander Dubose & Jefferson, joins Todd Smith and Jody Sanders to discuss not only his experiences throughout his appellate law career, but also his life as a trial lawyer before switching to appellate practice. Kevin also shares the history of the formation and growth of the Appellate Section of the State Bar of Texas, including the watershed year that gave the section its start. Kevin also discusses lessons he learned both as a trial lawyer and an appellate lawyer, including some that apply to both practice areas.Love the show? Subscribe, rate, review, and share!Here’s How »Join the Texas Appellate Law Podcast Community today:appealsplus.comTwitterFacebookLinkedInYouTube