While trial and appellate practice are different in many ways, attorneys who understand each one are better at both. On the criminal side, Jim Huggler has managed to balance both a trial and appellate practice representing criminal defendants in state and federal courts. This week, he joins Todd Smith and Jody Sanders to discuss his practice in the different forums, his experience as course director for TexasBarCLE’s Handling Your First (or Next) Criminal Appeal program, and his study of the rea...
Aug 12, 2021•47 min•Ep. 70
When faced with a new legal issue, having a reliable resource to provide background information and a starting point for research is key. These resources create efficiency for clients and allow attorneys to get up to speed quickly in fast-moving matters. But, legal publishing companies have to ensure that the information they provide is trustworthy, user-friendly, and up-to-date in an ever-evolving legal world. Todd Smith and Jody Sanders address the process of writing and compiling legal refere...
Aug 05, 2021•52 min•Ep. 69
Any serious Texas Supreme Court follower knows that the Court isn’t the only institution in that courthouse. Osler McCarthy , the Court’s staff attorney for public information, is another one. Many court watchers wait eagerly on Friday mornings for Osler’s order summary email before reading the Court’s opinions for themselves. But, that position did not even exist before Osler took it on and shaped it into what it is today. In this week’s episode, Osler joins Todd Smith and Jody Sanders to discu...
Jul 29, 2021•43 min•Ep. 68
People often don’t realize the many nuances involved in criminal appeals. Direct appeals are only part of the process. Later writ applications can raise various issues, including ineffective assistance of counsel. This week, Judge Bert Richardson of the Texas Court of Criminal Appeals joins Todd Smith and Jody Sanders to talk about the many different paths criminal appeals and writs can take. Judge Richardson also discusses his role on Texas’s highest criminal court, the court’s pandemic respons...
Jul 22, 2021•46 min•Ep. 67
COVID-19 created both challenges and solutions for courts and legal practitioners. Fortunately, many states, like Michigan, adapted quickly and were able to provide legal access throughout the pandemic. This week, Michigan Supreme Court Chief Justice Bridget McCormack joins Jody Sanders and Todd Smith to discuss her state‘s response and the tremendous opportunities for increasing access to justice that the pandemic provided. Chief Justice McCormack details the impact that technology can have on ...
Jul 15, 2021•41 min•Ep. 66
Most legal writers know about Ross Guberman , author and founder of Legal Writing Pro . Ross was one of the first legal writing instructors to work with law firms and practitioners across the country. Ross also developed BriefCatch , a software solution that helps legal writers make their briefs and motions better. In this week’s episode, Ross talks with Todd Smith and Jody Sanders about his teaching, his books on legal and judicial opinion writing, and BriefCatch—all with the aim to improve wri...
Jul 08, 2021•48 min•Ep. 65
As a practitioner, federal magistrate, and now Tenth Circuit judge, Judge Robert Bacharach has seen many different types of legal writing. Recognizing that legal writing can always improve, he studied both historical writing and oratory alongside the science of psycholinguistics and found a new way to help legal writers better their craft. In this week’s episode, Judge Bacharach joins Jody Sanders and Todd Smith to share the ideas he compiled in his book, Legal Writing: A Judge's Perspective on ...
Jul 01, 2021•53 min•Ep. 64
The inner workings of courts of appeals are sometimes hard to understand from the outside. Staff attorneys play a critical role in screening cases, assisting the justices, and helping the court handle its workload. This week, Todd Smith and Jody Sanders get an inside look at that process from their guest, the El Paso Court of Appeals’ Chief Staff Attorney, Kirk Cooper . Kirk gives an insider’s view of how the El Paso Court works, how it has handled challenges from the pandemic, and his backgroun...
Jun 24, 2021•1 hr 2 min•Ep. 63
If the COVID-19 pandemic taught attorneys anything, it’s that technology can change the practice of law and maximize efficiency in ways we never thought possible. But, even before the pandemic, lawyers and innovators were looking at how technology can benefit legal practice. In this week’s episode, Todd Smith and Jody Sanders visit with Jacqueline Schafer , founder and CEO of Clearbrief , about how her company has combined artificial-intelligence technology with brief writing to help both the la...
Jun 17, 2021•53 min•Ep. 62
Unlike many states, Texas has separate high courts for civil and criminal cases. Criminal practitioners follow the Texas Court of Criminal Appeals closely because its decisions impact criminal law in every corner of the state. As a former appellate prosecutor, Judge David Newell brings a unique perspective to that Court. Judge Newell joins Jody Sanders and Todd Smith in this episode to discuss his background, his experience as a prosecutor, and his path to running for statewide election as a fir...
Jun 10, 2021•1 hr 1 min•Ep. 61
Transitioning from private practice to the bench is an adjustment even in the best of times. But First Court of Appeals Justice April Farris made the switch in the middle of a pandemic when court operations and proceedings were fully remote. In this week's episode, Justice Farris joins Todd Smith and Jody Sanders to talk about her experiences in the Texas Solicitor General's office, private practice, and as a new appellate justice. She shares insights on helping the court solve problems and ways...
Jun 03, 2021•38 min•Ep. 60
Traditionally, the path to appellate practice often came through a judicial clerkship. But, in recent years, lawyers have worked to forge alternative routes. Mia Lorick , a partner at Locke Lord in Houston, is one of those lawyers. With a background in fine arts, Mia paved her own way into both trial and appellate practice by actively seeking out advocacy opportunities. In this week's episode, Mia shares her journey and offers tips for other lawyers and law students looking to establish themselv...
May 27, 2021•41 min•Ep. 59
While this podcast focuses primarily on civil appeals, criminal appellate practice takes up a significant portion of appellate court dockets. In this episode, Todd Smith and Jody Sanders explore criminal appellate work with Naomi Howard , a Houston criminal defense attorney with Rusty Hardin & Associates . Passionate about criminal defense since her law school days, Naomi has handled defense and appellate work in Texas and federal courts, including the Texas Court of Criminal Appeals. Naomi ...
May 20, 2021•1 hr 8 min•Ep. 58
Judges, particularly appellate judges, don't get much public interaction in their jobs. So, judges are learning to use social media to connect with and educate the public about their roles. Georgia Court of Appeals Judge Stephen Dillard has helped blaze that trail, adopting the mantra that, “If you're a judge and you're not on social media, that's political malpractice.” In this week's episode, Judge Dillard explains why it’s crucial for judges to be actively engaged on social media or to use th...
May 13, 2021•47 min•Ep. 57
As courts tentatively start to reopen in person, the extent to which remote proceedings will remain is uncertain. But when COVID-19 shuttered courthouses everywhere, Travis County, Texas took the lead in providing courthouse access virtually. This episode features Judge Karin Crump , of Travis County's 250th District Court , and covers her leadership and experience paving the way for remote proceedings and some of the first virtual jury trials in the nation. Judge Crump discusses how the Travis ...
May 06, 2021•1 hr 12 min•Ep. 56
The mixing of politics and judicial selection has been a part of Texas history from the beginning. Political parties continue to influence judicial appointments and elections, and money is always a significant factor. In recent years, though, many have sought to reform the system. In this week's episode, former Texas Supreme Court Chief Justice Tom Phillips joins Todd Smith and Jody Sanders to discuss the various reform efforts, including the work of the Texas Commission on Judicial Selection. C...
Apr 29, 2021•54 min•Ep. 55
The law in general and appellate practice, in particular, suffer from a lack of diversity. The traditional barriers to both law and appellate practice have left many students of color and first-generation law students lacking opportunities and access to the profession. Luckily, organizations like The Appellate Project recognize this problem and seek to change it. Todd Smith and Jody Sanders sit down with Juvaria Khan to discuss her creation of The Appellate Project, which seeks to provide more s...
Apr 22, 2021•42 min•Ep. 54
In recent years, the amount of time lawyers spend in court and talking to judges has shrunk. As a result, an attorney’s credibility with judges has become increasingly important. Likewise, presenting clear, concise briefing and arguments helpful to judges and their staff has become critical. Rachel Stinson of Wright Close & Barger in Houston has a unique perspective on both issues, having spent time both in private practice and as a staff attorney at a state court of appeals and a federal di...
Apr 15, 2021•51 min•Ep. 53
Texas's Office of the State Prosecuting Attorney (SPA) may be one of the most important state agencies you didn't know. The SPA is an independent agency that represents the State of Texas before the state's highest criminal court, the Court of Criminal Appeals. While the Texas Solicitor General appears in both state and federal courts, the SPA focuses on monitoring cases of interest throughout the courts of appeals and handling petitions and writs to the CCA. John Messinger , one of the SPA's at...
Apr 08, 2021•52 min•Ep. 52
Trial lawyers and appellate lawyers have different skill sets that compliment each other's practices. But some trial lawyers feel equally at home in both the trial and appellate courts. In this episode, Todd Smith and Jody Sanders talk to their first trial attorney guest, Carlos Soltero , about his experiences in both courts. Carlos offers his perspective as a trial lawyer on appellate practice, revealing how he handles his own appeals, where most of his work comes from, and how he is doing in t...
Apr 01, 2021•47 min•Ep. 51
Season 1 of the Texas Appellate Law Podcast wrapped up with our 50th episode, featuring M.C. Sungaila. We've continued to interview outstanding guests while on hiatus, and we're happy to share that we'll be resuming regular weekly episodes again soon. We're looking forward to trying new things and (hopefully) recording some episodes live and in-person during our second season! Love the show? Subscribe, rate, review, and share! Here’s How » Join the Texas Appellate Law Podcast Community today: te...
Mar 20, 2021•7 min
It's difficult for new lawyers to transition into legal practice, but appellate practice is especially tough. This sometimes deters firms from investing the time and resources necessary to train new appellate attorneys, particularly when they are between law school and future clerkships. But, M.C. Sungaila , head of the appellate practice group at Buchalter , has developed a pilot fellowship program that seeks to address these issues. M.C. joins Todd Smith and Jody Sanders in this week's episode...
Feb 11, 2021•56 min•Ep. 50
While they share the Red River as a border, Texas and Oklahoma have lots of differences in their court systems—different court structures, different judicial selection processes, and different federal circuits. But they share one important similarity—they each have a podcast devoted to appellate practice. In a crossover episode between the Texas Appellate Law Podcast and the Oklahoma Appeals podcast, Todd Smith and Jody Sanders sit down with lawyers Gabe Bass and Jana Knott to discuss practicing...
Feb 04, 2021•1 hr 12 min•Ep. 49
For over a decade, the Texas Supreme Court has tightened the proof necessary to recover attorney fees in Texas. That, coupled with Legislative expansion of fee shifting, makes understanding the standard even more important. This is particularly true about appellate fees, which, unlike federal court, must be estimated and proven before the appeal. This week, Todd Smith and Jody Sanders discuss the evolution of attorney-fee proof in Texas and ways attorneys can make the best record for both trial ...
Jan 28, 2021•45 min•Ep. 48
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 le...
Jan 21, 2021•48 min•Ep. 47
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 benefit...
Jan 14, 2021•1 hr 10 min•Ep. 46
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 Wil...
Jan 07, 2021•1 hr 2 min•Ep. 45
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 var...
Dec 31, 2020•49 min•Ep. 44
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 d...
Dec 24, 2020•46 min•Ep. 43
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 success...
Dec 17, 2020•47 min•Ep. 42
