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 Ma...
Dec 10, 2020•50 min•Ep. 41
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...
Dec 03, 2020•49 min•Ep. 40
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...
Nov 26, 2020•1 hr 3 min•Ep. 39
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 ...
Nov 19, 2020•52 min•Ep. 38
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. ...
Nov 12, 2020•55 min•Ep. 37
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 h...
Nov 05, 2020•44 min•Ep. 36
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 p...
Oct 29, 2020•52 min•Ep. 35
Before his recent appointment to the Fifth Court of Appeals in Dallas, Justice John Browning had a long career as an appellate practitioner and had earned a reputation as a prolific author and speaker on topics relating to social media, technology, and Texas legal history. In this episode, Justice Browning joins Todd Smith and Jody Sanders to discuss his practice background, his transition from advocate to appellate justice, and his recent research and publications on African-American Texas lega...
Oct 22, 2020•43 min•Ep. 34
Courts often grapple with what the Legislature intended when it used particular words in a statute. Because the Legislature only speaks through its enactments, answering that question requires resort to a number of tools and methods. Attorneys can give their clients the best advice and a distinct advantage in litigation by understanding and mastering statutory interpretation tools. Daniel Olds, an appellate and litigation attorney at Bickerstaff Heath Delgado Acosta, LLP, has learned the ins and...
Oct 15, 2020•48 min•Ep. 33
Appeals before the United States Court of Appeals for the Fifth Circuit can be challenging for lawyers who most often handle matters before state appellate courts. On today's podcast, Todd Smith and Jody Sanders are joined by their first Fifth Circuit guest, Judge Gregg Costa . Judge Costa shares his career journey—from teaching fourth grade in rural Mississippi to trying the Allen Stanford case to becoming a federal district and appellate judge—providing an insider's view of Fifth Circuit life ...
Oct 08, 2020•55 min•Ep. 32
Law school is tough—just a few short years to decide the trajectory of your legal career. For Marshall Bowen, testing the legal waters through state court clerkships was the way to go. In this episode, Marshall joins Todd Smith and Jody Sanders to discuss his experiences clerking at Texas’s two highest state courts—the Texas Supreme Court and the Texas Court of Criminal Appeals. Marshall provides an insider’s perspective on the clerkship process at both courts and offers insights from a combined...
Oct 01, 2020•45 min•Ep. 31
The Thirteenth Court of Appeals covers a vast area stretching from near Houston to the US/Mexico border. It even has chambers and hears cases in two locations—Corpus Christi and Edinburg. Thirteenth Court Justice Gina Benavides knows the territory well because she worked throughout it as a successful trial attorney for nearly 20 years before taking the appellate bench. Justice Benavides joins Todd Smith and Jody Sanders to discuss her career as a litigator, her transition to the court of appeals...
Sep 24, 2020•56 min•Ep. 30
Bill Chriss is truly a Renaissance man. A lifelong learner with degrees that include a Ph.D, Bill’s interests range across history, politics, law, and ethics. Bill’s recent research interest focuses on the Texas Constitution, both its origin and evolution. Bill sits down with Todd Smith and Jody Sanders and traces his career journey—from working as a trial lawyer handling his own appeals to becoming an appellate lawyer, with a stop along the way at the Texas Center for Legal Ethics. The conversa...
Sep 17, 2020•53 min•Ep. 29
Paul Green served as an appellate justice for more than 25 years, both at the San Antonio Court of Appeals and the Texas Supreme Court. On the eve of his retirement, Justice Paul Green joined Todd Smith and Jody Sanders to reflect on his past as a litigator in his family’s law practice, his time on the bench, and his future plans after leaving the Supreme Court. Justice Green offers a candid assessment of his career, the judiciary, and the future of judges in Texas. Learn about Justice Green’s m...
Sep 10, 2020•41 min•Ep. 28
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 di...
Sep 03, 2020•50 min•Ep. 27
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 f...
Aug 27, 2020•46 min•Ep. 26
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...
Aug 20, 2020•1 hr 3 min•Ep. 25
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 cultu...
Aug 11, 2020•34 min•Ep. 24
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 ...
Aug 04, 2020•41 min•Ep. 23
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 an...
Jul 28, 2020•46 min•Ep. 22
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 an...
Jul 21, 2020•46 min•Ep. 21
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 h...
Jul 14, 2020•33 min•Ep. 20
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. S...
Jul 07, 2020•39 min•Ep. 19
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 ga...
Jun 30, 2020•41 min•Ep. 18
Error preservation often determines what issues an appellate court can hear. Too often, clients, trial counsel, and even appellate counsel learn that error didn’t get preserved when it’s already too late to fix. To explore more about error preservation, Todd Smith and Jody Sanders talk with Steve Hayes , the error-preservation guru. Chances are, if you’ve attended a CLE speech on the topic, Steve gave it. In this episode, he shares his wisdom and insights and discusses error-preservation trends ...
Jun 23, 2020•39 min•Ep. 17
Statistically speaking, any appellant faces an uphill battle with less than a 50% chance of success. But, with those odds, why should a client ever appeal? Todd Smith and Jody Sanders answer this question, highlighting why appeals matter even when the odds might not point to success. The discussion focuses on how standards of review impact the appellate issues and chances of success, and other considerations to raise when counseling clients about the reasons to appeal (or not) a particular case....
Jun 16, 2020•36 min•Ep. 16
Discretion isn’t just for trial courts. The intermediate courts of appeals are sometimes called upon to make decisions involving judicial discretion too. On today’s show, Todd Smith and Jody Sanders are joined by Michael Ritter , a staff attorney at the Fourth Court of Appeals in San Antonio, to talk about how the appellate courts approach those discretionary decisions. Michael also touches on the proper use of en banc review, as well as the technology the Fourth Court has applied to respond nim...
Jun 09, 2020•52 min•Ep. 15
It seems everything can be done over the internet nowadays. With the global pandemic and quarantine protocols, more and more people have relied on the world wide web when working from home. But a major threat has hindered those trying to practice appellate law recently — ransomware. On today’s show, Todd Smith and Jody Sanders talk about the recent ransomware attack on the Texas appellate court websites and how it’s affecting their practices. Don’t let the dangers of malware cripple you or your ...
May 29, 2020•34 min•Ep. 14
Few judges have sat on a trial-court bench, a court of appeals, and the Texas Supreme Court. Our guest for this episode, Judge Jeff Brown , has done all three and more. Today, he joins Todd Smith and Jody Sanders to talk about his time as a state trial and appellate judge and his recent transition to the federal district bench. Sharing his career background, Judge Brown touches on how a judicial clerkship helps new lawyers understand how the court operates and makes decisions. Judge Brown also o...
May 26, 2020•30 min•Ep. 13
Behind a well-functioning court system is an Office of Court Administration that ensures technology and processes are rightly placed. In this episode, Todd Smith and Jody Sanders interview the Administrative Director of the Texas Office of Court Administration, David Slayton, about how OCA supports Texas courts and helps streamline appellate practice. He shares with us the technology OCA uses to facilitate the courts’ work and provide a statewide platform for searching and monitoring cases. Addr...
May 19, 2020•37 min•Ep. 12
