Episodes

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 tips to appellate practitioners in both trial and appellate courts. Finally, she discusses the like...

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 responsibilities an appellate clerk’s office handles and how they manage to serve as both the court...

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 to supersedeas rules, electronic filing of orders and judgments, and permissive appeals. Join them f...

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. Throughout the episode, Jerry breaks it all down, providing a candid and insightful view of what's ...

This episode of the Texas Appellate Law Podcast is a deep dive into the subtle art of setting boundaries in the legal profession. Join Todd Smith and Jody Sanders as they visit with mindset mastery coach and experienced lawyer Kiele Linroth Pace, who sheds light on how boundary-setting can be the key to a flourishing career. Kiele reveals her insights on dealing with challenging clients, navigating difficult legal positions, and preserving ethical integrity. Learn how setting boundaries not only...

Texas is one of the few states that offers a certified specialty in civil appellate law. In this episode, Kelley Morris, a partner at Wright Close and Barger in Houston, joins Jody Sanders and Todd Smith to talk about her experience going through the Texas Board of Legal Specialization process and successfully preparing for and taking the notoriously difficult specialization exam. Kelley also discusses her career, including a clerkship with the Texas Supreme Court, practicing in different-sized ...

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 inc...

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 Do...

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 understand...

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 Agency Proudly presented by Butler Snow LL...

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 ...

Love the show? Subscribe, rate, review, and share! Here’s How » A special thanks to our sponsors: Court Surety Bond Agency Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube

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 appella...

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 an...

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 p...

Love the show? Subscribe, rate, review, and share! Here’s How » A special thanks to our sponsors: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube

When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury charge includes the right questions and instructions or that error is preserved from the failure to do so. In this episode, Jody Sanders and Todd Smith continue their conversation with David Keltner, who shares his unmatched expertise in crafting and objecting to jury charges. David also offers his ins...

Texas has one of the most developed appellate bars in the nation. That comes from years of dedicated attorneys working to implement standards and practices that have benefitted the State’s legal system. David Keltner, a partner at Kelly Hart & Hallman, is one of those attorneys. David is a living appellate legend in Texas and has helped shape appellate practice in Texas for more than 45 years. He joins Jody Sanders and Todd Smith to discuss his background as a practitioner and appellate justice ...

Previous episode discussed: Chris Ritter: https://podcasts.apple.com/us/podcast/well-being-strategies-for-the-pandemic-and-the/id1504009131?i=1000501198802 Love the show? Subscribe, rate, review, and share! Here’s How » A special thanks to our sponsors: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube

Very few civil cases end up going to trial. But even fewer have been tried since the pandemic hit. Like everything else, strategies to resolve cases through mediation, arbitration, and other alternative dispute resolution methods have had to change as well. In this episode, Jody Sanders and Todd Smith talk with Senior Judge, mediator, and arbitrator John Wooldridge about how attorneys can better utilize those processes post-pandemic. Judge Wooldridge also shares some insights for attorneys media...

Jody and Todd express their gratitude to the show's listeners, sponsors, and supporters. Happy Thanksgiving! Love the show? Subscribe, rate, review, and share! Here’s How » A special thanks to our sponsors: Court Surety Bond Agency Thomson Reuters Proudly presented by Butler Snow LLP Join the Texas Appellate Law Podcast Community today: texapplawpod.com Twitter YouTube

Public-interest litigation is not for the faint of heart. So often, attorneys find themselves battling opponents with resources and influence or precedent that makes it difficult to prevail. But fighting to preserve rights and help vulnerable clients provides many different rewards. In this episode, Jody Sanders and Todd Smith interview Hannah Mullen, a staff attorney at the Council on American-Islamic Relations, Legal Defense Fund (CAIR LDF), about practicing public-interest litigation and its ...

Few judges in the Texas court system can claim to have served at every level—trial court, appellate court, and Texas Supreme Court. But this week’s guest, Justice Jane Bland, has done all three! Her career of service to the people of Texas gives her a unique perspective on how the judicial system should work. Justice Bland joins Jody Sanders and Todd Smith to talk about her career path, from her journey as a Fifth Circuit clerk who later went into private practice with her mentor, and through th...

For many attorneys, the prospect of a U.S. Supreme Court argument serves as the capstone of a legal career. But for a select few, like Kannon Shanmugam, chair of Paul Weiss’s Supreme Court and Appellate Practice Group, arguing before the Supreme Court is a regular occurrence. Kannon joins Jody Sanders and Todd Smith to discuss his path to Supreme Court advocacy and some of the unique challenges it offers. Kannon also discusses the stiff competition for Supreme Court-bound cases and breaks down a...