
Texas Appellate Law Podcast
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 Thomson Reuters.
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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.
Latest episodes

Jun 15, 2023 • 55min
Systems and the Emergence of AI in Law Practice | Ernie Svenson
So many technology tools exist today that can enable attorneys to practice more efficiently and effectively. But attorneys often either don’t know about these tools or fear implementing them. In particular, much anxiety surrounds the implications of AI for the legal industry. In this episode, Todd Smith and Jody Sanders visit with Ernie Svenson—a former big-firm attorney who focuses on helping solo and small-firm lawyers leverage automation, outsourcing, and efficiency—about ways lawyers can incorporate legal technology to improve their practices and lives. Ernie sheds light on the strategies, tools, and trends that can shape the future of legal services. He also discusses the rise of AI and ways lawyers can use tools like ChatGPT cautiously but effectively.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Jun 1, 2023 • 45min
Understanding the SCOTUS Shadow Docket | Steve Vladeck
In recent years, the U.S. Supreme Court has taken fewer cases on its merits docket. But it has increased the volume of its “shadow docket,” where it has traditionally handled procedural matters like stays. As a result of this shift, the Court is making wide-ranging decisions without traditional merits briefing or oral argument. In this episode, University of Texas Law Professor Steve Vladeck joins Todd Smith and Jody Sanders to discuss the changes in the shadow docket and his book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Professor Vladeck sheds light on this lesser-known aspect of the Supreme Court's workings and its implications for our democracy. He discusses the shadow docket’s historical use and its impact on precedent, and he highlights recent departures from traditional norms in the Court's behavior, making a persuasive case for its problematic nature.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

May 18, 2023 • 49min
A Lawyer’s Guide to Blockchain and Cryptocurrency | Nelson Ebaugh
Cryptocurrency and blockchain are terms that have repeatedly found their way into legal headlines recently. But many practitioners and judges aren’t yet familiar with what they are or the legal implications they present. In this episode, Jody Sanders and Todd Smith join Nelson Ebaugh, a litigator and appellate attorney in Houston, to discuss this technology and the legal issues it raises. Nelson has found himself on the forefront of cryptocurrency litigation and provides a history and understanding that’s accessible to laypeople. He also offers insights into areas of the law that have started affecting cryptocurrency (like securities, criminal law, and privacy), where legal issues will continue to develop, and how attorneys can position themselves to have an impact.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsor:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Apr 20, 2023 • 58min
The Portia Project Podcast Crossover Episode | M.C. Sungaila
In this special joint episode, Jody Sanders and Todd Smith join their friend M.C. Sungaila to celebrate the 100th episode of her podcast, The Portia Project. Together, Jody, Todd, and M.C. talk podcasting, things they’ve learned, and memorable guests. Join them as their share their collective wisdom from more than 200 podcast episodes.Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Apr 6, 2023 • 1h 1min
Don't California My Texas! | Tim Kowal & Jeff Lewis
Is the Texas Appellate Law Podcast relocating? Not exactly. But in this crossover episode with The California Appellate Law Podcast, Todd Smith and Jody Sanders chat with their California counterparts, Tim Kowal and Jeff Lewis. Together, they share their experiences launching a podcast in the middle of the pandemic, their favorite (legal) war stories, and how the justice systems of their respective states responded to COVID-19 restrictions. They also discuss similarities and differences between the respective states’ appellate systems. Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Apr 1, 2023 • 1min
Special Announcement | Taking Over California
Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Mar 23, 2023 • 52min
Checking In On The 88th Texas Legislature | Jerry Bullard
Every two years, the Texas Legislature meets. During that process, legislators file dozens of bills that potentially impact legal practice and the court system. Luckily, Texas lawyers can rely on Jerry Bullard to provide insight and context on the various proposals. In this episode, Jerry joins Todd Smith and Jody Sanders to talk about what’s going on at the 88th Legislative session that may interest legal practitioners. Will we get a statewide court of appeals or a reorganization of the appellate system? What about the creation of business courts? Join us to learn about what’s potentially on the agenda for this session.Love the show? Subscribe, rate, review, and share!A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Mar 9, 2023 • 47min
"So Many First Amendment Violations, So Little Time" | Tom Leatherbury
Many lawyers go to law school thinking that they want to litigate weighty Constitutional questions. But those cases don’t often arise in regular practice. One area that does implicate the Constitution is First Amendment law, which winds through so many aspects of civil practice. Few people know that better than Tom Leatherbury, the founder and director of SMU’s First Amendment Clinic. Tom joins Todd Smith and Jody Sanders to discuss his background in appellate law and his particular knowledge and expertise in First Amendment law. He also shares details about SMU’s clinic—how it started and what they do to help litigants and train a new generation of attorneys interested in these important principles.Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Feb 23, 2023 • 1h 8min
Bringing Family Law Expertise to SCOTX | Justice Debra Lehrmann
Justice Debra Lehrmann has served on the Texas Supreme Court longer than any woman before her. But even before that historic tenure, she served as a family law judge for many years. She joins Todd Smith and Jody Sanders in this episode to talk about her judicial experience and how her family law knowledge has impacted her career and the Supreme Court’s decisions. She also shares her insights about the Texas Supreme Court and the recent changes in the Court’s orders and rules relating to remote proceedings.Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube

Feb 9, 2023 • 1min
Ramping Up for 2023
Love the show? Subscribe, rate, review, and share!Here’s How »A special thanks to our sponsors:Court Surety Bond AgencyThomson ReutersProudly presented by Butler Snow LLPJoin the Texas Appellate Law Podcast Community today:texapplawpod.comTwitterYouTube
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