Texas Appellate Law Podcast

Judge Scott Schlegel, an appellate judge known for courtroom efficiency and co-founder of the Judicial AI Consortium, discusses cautious, practical judicial uses of generative AI. He covers early court tech experiments, building peer forums for judges to share experiences, on-prem AI plans, disclosure and policy advice, and why human accountability must stay central to judging.

Michael Duncan, an Austin appellate and motions lawyer who clerked for a Texas Supreme Court justice, breaks down the rewritten Texas Rule 166a. He explains clarified burdens for traditional motions and the new evidence requirement. Short deadlines, filing-triggered response risks, deadline-extension by agreement, and transition-period timing puzzles get focused attention.

They map practical court-side fixes to ease appellate practice in Texas. Topics include modernizing the civil docketing statement, reducing repetitive e-filing data entry, and standardizing sealed-record procedures. They discuss bringing back procedural transparency, creating a cross-appeal rule, and setting predictable clerk and reporter fees. The conversation also covers tiered case tracks, quicker rulings on unopposed motions, and clearer mandamus denials.

Rich Phillips, appellate lawyer at Holland & Knight and member of the Texas Supreme Court Advisory Committee, discusses permissive appeals and Texas rulemaking. He explains how procedural rules are developed and revised. The conversation covers why permissive appeals are often denied, how courts interpret statutory terms, and practical timing and filing pitfalls practitioners face.

The Texas Supreme Court's rewrite of Rule 166a is shaking up summary judgment practices. The hosts dive into how the new definitions for traditional and no-evidence motions could impact trial lawyers. A significant change is the new 21-day response deadline that demands non-movants to act quickly. They discuss potential tactical risks and the mechanics of filing motions, including the challenges around discovery. The episode wraps up with takeaways on navigating these changes effectively.

Keep your brief to 10,000 words, and you'll get more investment from Texas appellate justices. Those are just a few words of wisdom from Justice David Gunn in this conversation with hosts Todd Smith and Jody Sanders. After a clerkship, where he observed lawyers making mistakes and judges making decisions, Justice Gunn spent over three decades in private practice before joining the First Court of Appeals in October 2024. Tune in as he reflects on his “accidental” path to law, explains how his court decides when cases get argued, and describes his wish for a “fast track” system for some cases. Make sure to stay for his war story about a lawyer who snatched defeat from the jaws of victory.Connect and Learn More☑️ Justice David Gunn | LinkedIn☑️ Texas Courts of Appeals☑️ Todd Smith | LinkedIn | X | Bluesky☑️ Jody Sanders | LinkedIn | X | Bluesky☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky☑️ Texas Appellate Counsel PLLC☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Counsel Press

Arturo Ayala, Vice President of the Court Surety Bond Agency, shares his expertise on the intricacies of supersedeas bonds. He discusses the importance of timing in securing a bond post-verdict and outlines how underwriting is akin to banking. Arturo emphasizes evaluating collateral like real estate and shares tips on estimating costs and premiums. He also warns against delaying the bond process and explains the differences between federal and Texas practices regarding premium recoverability. His insights offer essential guidance for appellate lawyers navigating complex bond situations.

The Texas Supreme Court is overhauling its petition-for-review process, eliminating merits briefs before reviews. Hosts dive into the history of this shift and the challenges of the previous system, highlighting issues like cost and inefficiency. The proposed changes include a 6,500-word petition requirement and an emphasis on introductory sections to capture justices’ interest. They also discuss new rules around response waivers, preservation requirements, and the procedural timeline, urging listeners to provide feedback before the upcoming changes take effect.

When he started his solo appellate practice in Louisiana, Tad Bartlett had to educate trial lawyers about the utility of having an appellate attorney on their team. Today, 18 attorneys are certified appellate specialists through the Louisiana Board of Legal Specialization. “It’s nice to know when I sit in a room with the other 17, these are really well vetted, well qualified, highly experienced appellate lawyers who care about appellate law, care about appellate procedure, in the very nerdy kind of way that I do,” Tad tells hosts Todd Smith and Jody Sanders. Now a partner at Fishman Haygood in New Orleans, Tad shares his journey of building a successful appellate practice and creating his influential Take the Fifth blog, which digests every Fifth Circuit opinion and tracks comprehensive statistics on the court. He reveals some gems from his research – including that the Fifth Circuit is not as antagonistic toward plaintiffs as myth would have one believe. And he opens up about his remarkable recovery from a serious cycling accident and traumatic brain injury that temporarily derailed his practice, demonstrating the power of professional community and resilience.Connect and Learn More☑️ Tad Bartlett | LinkedIn☑️ Fishman Haygood on LinkedIn | Instagram | Facebook | X☑️ Todd Smith | LinkedIn | X | Bluesky☑️ Jody Sanders | LinkedIn | X | Bluesky☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky☑️ Texas Appellate Counsel PLLC☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Counsel Press

Building a law practice from scratch requires finding your tribe and embracing the paradigm of giving, says KC Ashmore of Ashmore & Ashmore Law Firm in Rockwall, Texas. The Coast Guard veteran transformed his military service ethic into legal practice success through veteran outreach, Habitat for Humanity builds, and active participation in bar associations such as the Texas Bar College. KC shares his journey from the Texas Court of Criminal Appeals to insurance defense work and ultimately to running a general practice firm, emphasizing his "10-year apprenticeship" approach inspired by John Grisham novels. With hosts Todd Smith and Jody Sanders, KC discusses mentoring, continuing education beyond minimum requirements, and professional networking through service that creates sustainable success.Connect and Learn More☑️ KC Ashmore | LinkedIn☑️ Ashmore & Ashmore on Facebook | Instagram | LinkedIn☑️ Todd Smith | LinkedIn | X | Bluesky☑️ Jody Sanders | LinkedIn | X | Bluesky☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky☑️ Texas Appellate Counsel PLLC☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Counsel Press