In this episode, Jody Sanders and Todd Smith delve into the state of jury charge practice and Casteel error after the Texas Supreme Court’s recent decision on rehearing in Horton v. Kansas City Railway Co. Jody and Todd discuss the history of the Casteel doctrine, its implications on jury submissions, and how Horton alters the law as it developed over the past two decades. Building on insights from Jody’s recent presentation at the Advanced Civil Trial Seminar, our hosts discuss Horton’s adoption of a rebuttable presumption of harm and the challenges and strategies counsel must now consider wh ..read more

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 conversation explores Texas A&M Law's impressive rise in national rankings, the school's innovativ ..read more

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 litigation, and the potential challenges that lie ahead. Tyler shares insights on the specialized jurisdicti ..read more

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 and Jody Sanders talk with Judge Steve Leben, formerly of the Kansas Court of Appeals, abou ..read more

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. Tune in to learn how focus groups can enhance trial readiness and help lead to successful outcomes. L ..read more

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, Luther offers practical advice on structuring briefs effectively and avoiding common pitfalls. Tune in ..read more

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 litigation creates. Love the show? Subscribe, rate, review, and share! A special thanks ..read more

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 his coding skills to streamline his work. Join us for an engaging conversation about the intersection ..read more

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 Shatzman and board member Appellate Court of Maryland Judge Doug Nazarian. They discu ..read more

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 experience from several decades of watching the shift from traditional pract ..read more