Texas has adopted standards for appellate conduct that go beyond the disciplinary rules governing all licensed attorneys. Making his second appearance on the show is the resident expert on this topic, Kevin Dubose of Alexander Dubose & Jefferson LLP. With his insider knowledge and insights, Kevin explains the impetus behind the aptly-named Standards for
Attorneys are skilled at painting pictures with words. But that can only get them so far. As technology has improved, so too has the opportunity to enrich briefing with visual aids—pictures, charts, videos, and animation. As courts move to electronic filings and briefs, attorneys who fail to adapt will get left behind. In this episode
Family law appeals can be tricky because the legal standards differ from ordinary civil cases. Taking us into the appellate component of family law, Todd Smith and Jody Sanders interview Michelle O’Neil of O’Neil Wysocki Family Law to answer some questions about what makes family law appeals special. Michelle dives deep into some of her
With a background as a U.S. Supreme Court law clerk, appellate practitioner, and Justice on Texas’s Fourteenth Court of Appeals, serving on the Texas Supreme Court seems like a natural fit for Justice Brett Busby. Today, he joins Todd Smith and Jody Sanders to share his experiences transitioning from the Court of Appeals to
The Black Lives Matter Movement has opened a number of necessary conversations about racial injustice. Tapping into this timely subject, Todd Smith and Jody Sanders visit with Dr. Jack Bass, the author of nonfiction books focusing on southern politics, race relations, and law. Here, Dr. Bass takes us into his book Unlikely Heroes,
The importance of professional writing skills in law practice cannot be overstated. Trends in the legal world have increased the importance of written advocacy in an unprecedented way, especially with things going virtual. Todd Smith and Jody Sanders expound on this topic with their guest, Justice Elizabeth Kerr, from the Second Court of Appeals
A legal career can span many decades and different types of practices. In this episode, a long-time appellate attorney, Kevin Dubose of Alexander Dubose & Jefferson, joins Todd Smith and Jody Sanders to discuss not only his experiences throughout his appellate law career, but also his life as a trial lawyer before switching to
Error preservation often determines what issues an appellate court can hear. Too often, clients, trial counsel, and even appellate counsel learn that error didn’t get preserved when it’s already too late to fix. To explore more about error preservation, Todd Smith and Jody Sanders talk with Steve Hayes, the error-preservation guru. Chances are, if
Statistically speaking, any appellant faces an uphill battle with less than a 50% chance of success. But, with those odds, why should a client ever appeal? Todd Smith and Jody Sanders answer this question, highlighting why appeals matter even when the odds might not point to success. The discussion focuses on how standards of review
Discretion isn’t just for trial courts. The intermediate courts of appeals are sometimes called upon to make decisions involving judicial discretion too. On today’s show, Todd Smith and Jody Sanders are joined by Michael Ritter, a staff attorney at the Fourth Court of Appeals in San Antonio, to talk about how the appellate courts