Texas Appellate Law Podcast

Hosts Todd Smith and Jody Sanders welcome Adam Shniderman of Alexander Dubose & Jefferson to discuss his unique journey through academia, clerkships, and private practice. Adam shares how his academic background in criminology and forensic evidence provided a solid foundation for his legal career. He compares clerking at the Texas Supreme Court and the Ninth Circuit, and he suggests that young...

For Chris Dove , it started when he came upon articles in Above the Law about the saga of then-95-year-old federal Judge Pauline Newman. A giant in IP law, Judge Newman faced allegations of poor health and declining cognitive abilities in 2023. Those allegations led to a council’s recommendation that the judge be suspended and a flurry of litigation. “When I started reading for myself,” Chris reca...

Chief Justice Nathan Hecht is retiring after an extraordinary 43 years on the bench. In this special episode, he joins Todd Smith and Jody Sanders to reflect on his remarkable career as Texas's longest-serving Chief Justice. He shares personal stories, pivotal milestones, and the transformative reforms he championed, from modernizing court technology to improving access to justice. Don't miss this...

The highly publicized Robert Roberson case has raised critical questions about the death penalty and separation of powers. In this episode, Todd Smith and Jody Sanders sit down with criminal defense attorney Doug Gladden to tackle this difficult topic. Known for his insightful legal commentary, Doug shares his career journey from serving as a prosecutor to his new role with the Harris County Publi...

Access to justice remains a pervasive problem in the Texas legal system. In this episode, Todd Smith and Jody Sanders welcome Texas Supreme Court Justice Brett Busby and Kennon Wooten from Austin's Scott Douglass & McConnico to discuss the latest developments on this front. The conversation focuses on new Supreme Court rules for licensing paraprofessionals and court access assistants to help c...

In this episode, Jody Sanders and Todd Smith chat with Colin Levy , Director of Legal and Evangelist at Malbek, about his journey from being a traditional in-house lawyer to a leading voice in legal technology. Colin shares his insights on the evolving landscape of the legal industry, emphasizing the importance of bridging the gap between technology and law. He discusses his role at Malbek, where...

Jury charge practice in Texas trials just got a shakeup thanks to the recent Horton v. Kansas City Railway Co. decision. In today’s episode, Todd Smith and Jody Sanders delve into the Texas Supreme Court’s recent pivot on Casteel error in jury charges. They analyze the implications for appellate practice, sparked by the Court’s revised stance in the Horton case. Formerly relied upon for its presum...

The legal world is undergoing a seismic shift. Technological advancements and a changing social landscape force the legal profession to adapt, but are law schools keeping pace? In this episode, Jody Sanders and Todd Smith visit with Dean Robert B. Ahdieh of Texas A&M Law School about the state of modern legal education and more. Dean Ahdieh shares his journey from New York City to Fort Worth,...

The Texas legal landscape will change significantly on September 1, 2024, with the launch of the Business Court and the 15th Court of Appeals. While the start date is set, many details are still uncertain. In this episode, Tyler Talbert , a board-certified civil appellate lawyer from Waco, joins hosts Todd Smith and Jody Sanders to delve into these groundbreaking new courts. Among the topics cover...

Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole.  For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This makes it imperative for judges to leave participants in the system feeling that they have been treated fairly and respectfully. This procedural justice goes beyond...

Preparation is the key to winning at trial, and focus groups are a powerful tool for ensuring that a case is trial-ready. In this episode of the Texas Appellate Law Podcast, hosts Todd Smith and Jody Sanders visit with Austin-based trial lawyer and consultant Elizabeth Larrick of the Larrick Law Firm . Elizabeth shares her passion for helping lawyers prepare for trial using focus groups and jury f...

Lawyers are professional writers, and the ability to write persuasively is more important than ever. In this episode, Luther Munford , an appellate expert and former law professor, joins Todd Smith and Jody Sanders for an insightful discussion on the principles of persuasive legal writing. Luther emphasizes the importance of ethos, logos, and pathos in crafting compelling arguments, while also adv...

As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this episode Todd Smith and Jody Sanders discuss ways parties can address legal issues before, during, and after trial that can simplify or dispose of a case. This episode of...

Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob , a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under the Federal Tort Claims Act. Tom highlights the groundbreaking Sutherland Springs mass-shooting case, in which his firm secured a $230 million verdict against the Air Force....

Judicial clerkships can provide unparalleled access and prestige to young lawyers just entering practice. But because the judiciary requires confidentiality and secrecy to operate properly, often law students don’t know what to expect. The Legal Accountability Project is working to change that by making the system more transparent for law schools and law students. In this episode, Todd Smith and J...

In this episode, seasoned appellate practitioner Scott Stolley sits down with Todd Smith and Jody Sanders to confront the issue of bullying in the legal profession. Scott explores the multifaceted nature of bullying, from interactions with opposing counsel and judges to the challenges of managing clients and relationships with lawyers in the same firm. Tune in for a deep dive into how lawyers can...

Artificial intelligence is a technological evolution that’s reshaping the future of law. But its rapid ascent contains both benefits and potential pitfalls for the unwary. In this episode, former Vinson & Elkins executive  Tim Armstrong  visits with Todd Smith and Jody Sanders about the evolving landscape of AI and its potential impact on the legal profession. Tim covers ways AI...

In this special year-end episode of the Texas Appellate Law Podcast, hosts Jody Sanders and Todd Smith reflect on the year, express gratitude to their audience and sponsors, and revisit past episodes relevant to coping with the holidays. They also touch on recent developments in Texas appellate law, including new rules from the Texas Supreme Court. The episode closes with holiday wishes and antici...

Finding a career in the law and finding something you’re passionate about don’t always intersect. But McKenzie Edwards , a trial lawyer with Cleveland | Krist PLLC in Austin, has managed to do both. Starting in law school, she saw the inconsistent and nebulous rules concerning how and when a state seeks the death penalty. This inspired her to represent defendants in death penalty cases. Through pr...

Mental health struggles and addiction are more common than we realize, especially among attorneys. In this episode, Brian Cuban , author of The Addicted Lawyer: Tales of the Bar, Booze, Blow, and Redemption , delves into addiction and the recovery journey for lawyers. As an advocate for mental health awareness and recovery, Brian shares his personal story, which includes psychiatric struggles, in-...

Artificial intelligence is rapidly evolving and is beginning to impact almost every aspect of our lives. The legal industry is no exception, and numerous ethical issues have emerged as a result. In this episode, Todd Smith and Jody Sanders explore the ups and downs of lawyers using generative AI with Derek Bauman of Feldman and Feldman in Houston. Derek emphasizes the importance of understanding A...

Few Texas judges have seen the courtroom from as many perspectives as Third Court of Appeals Justice Gisela Triana. From a practitioner, to a municipal judge, to a trial court judge on various benches, Justice Triana has served the State in a variety of roles. She joins Todd Smith and Jody Sanders in this episode to discuss the insights she has gained over the course of her career. She also offers...

In a world of electronic filing, fewer attorneys see appellate court clerks in person. It’s easy to forget how critical their role is to keeping the courts open, efficient, and accessible. In this episode, Michael Cruz, clerk of the Fourth Court of Appeals in San Antonio, joins Todd Smith and Jody Sanders to talk about how he and his staff make that happen. Michael shares insights into the host of...

Legislative session years in Texas always bring uncertainty into legal practice. When the Legislature passes new laws impacting courts, the Texas Supreme Court has to make rules to give those laws effect. This week Todd Smith and Jody Sanders discuss several recent rule changes and additions from the Texas Supreme Court that will impact trial and appellate lawyers. These include important changes...

Join us as we unpack the highlights of the 88th Texas Legislature. In this episode, Jerry Bullard discusses the ins and outs of business courts and their potential impact, plus other intriguing legal developments. He takes us on a legislative rollercoaster, touching on topics like online ticket sales, unauthorized disclosure of judicial opinions, and fascinating changes in bonds for legal appeals....