Episodes

"I give trial lawyers a menu of options," Andrew Gould explains to hosts Todd Smith and Jody Sanders about his strategic approach as head of appellate at plaintiffs' firm Arnold & Itkin. After building their appellate practice from scratch following his years as a federal prosecutor, Andrew shares battle-tested techniques for navigating the trial lawyer relationship. His "eyes-wide-open" philosophy ensures transparent communication about strategic decisions and potential appellate consequences. ...

Milo Bobbitt built an appellate practice from scratch at his firm. After an internship with then-Justice Willett at the Texas Supreme Court, he successfully defended a significant oil and gas contract victory on appeal, complete with a quote from the movie “Armageddon” in the opinion. "I was writing a new brief about every month for eight months straight," Milo recalls to hosts Todd Smith and Jody Sanders. Tune in as he offers practical strategies, such as volunteering for pro bono appeals and d...

In this milestone episode, hosts Todd Smith and Jody Sanders celebrate the fifth anniversary of the Texas Appellate Law podcast. Reflecting on 145 episodes of conversations with judges, practitioners, and legal innovators, they discuss how the podcast has evolved alongside major shifts in legal practice—from the pandemic's acceleration of virtual proceedings to the emergence of AI in legal work. The hosts share personal insights about what they've learned from their guests, address listener ques...

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 lawyers should consider clerking as a way to enhance their skills. “It is a bit of drinking from a fire...

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 recalls to hosts Todd Smith and Jody Sanders, “I realized there is a whole system that goes on for polici...

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 candid and inspiring conversation about Chief Justice Hecht's enduring legacy, his vision for the f...

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 Public Defender's Office and how his views on justice have evolved along the way. The conversation moves ...

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 close the justice gap. Justice Busby shares insights on national trends and the Supreme Court's efforts t...

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 he focuses on contract lifecycle management, and highlights the significance of legal tech in enhanci...

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 presumption of harm, Casteel error now requires prevailing parties to rebut a presumption that any error a...

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, detailing his fascinating experiences in Russia and his unexpected foray into legal academia. The conver...

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 covered are what practitioners should expect when the courts open, the strategic implications for litigati...

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 just outcomes, focusing on the fairness of the processes used to make decisions. In this episode, Todd Smith an...

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 feedback, detailing her journey from practicing personal injury law to becoming a trial consultant. Tu...

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 advocating for brevity and clarity to aid with comprehension. Drawing from his extensive experience, Lut...

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 offers practitioners effective ways to save their clients time, money, and the stress and uncertainty litig...

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. He also shares insights into the role of technology in legal practice, including how he leverages hi...

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 Jody Sanders explore the Legal Accountability Project’s goals in a discussion with LAP founder Aliza ...

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 counteract bullying behavior through professionalism, resilience, and respectful advocacy. Love the...

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 can change day-to-day tasks, like managing documents and conducting research and discovery. He also shares his personal ...

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 anticipation for exciting new content in 2024. Love the show? Subscribe, rate, review, and share! A spec...

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 pro bono, she’s managed to continue that practice, while also working on civil cases. In this episode, ...

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-patient treatment facilities, and jail. He also covers his experience as an author and his shift into ...

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 AI's limitations and the ethical implications of using it. Using real-life examples, he also delves i...