D. Todd Smith

Almost Legal History: The Texas Business Court’s First Jury Trial That Wasn't I was supposed to be in Fort Worth today for what would’ve been the Texas Business Court’s first-ever jury trial. After a final pretrial conference on

A case that settled the weekend before voir dire revealed how the Texas Business Court is preparing to handle jury trials: early issue resolution, compressed timelines, and real trial readiness. It also showed where embedded appellate counsel can add value. #AppellateSky

NEW EPISODE: We’re joined by Arturo Ayala of Court Surety Bond Agency for a practical discussion of supersedeas bonds—from timing and underwriting to collateral options, premiums, and what happens when a judgment is affirmed. #AppellateSky

www.texappcounsel.com/2025/12/e158...

This is fun. Me:

1. Rush (x2)
2. U2 (x2)
3. NIN/Soundgarden (together)
4. Linkin Park/Bad Omens (together)
5. Rolling Stones

If you practice before or follow #SCOTX, here's something to check out while prepping your Thanksgiving turkey.

A big rules overhaul is coming January 1. In this episode, @jodyssanders.bsky.social and I walk through what's changing and why. #appellatesky

Today's vibe.

AI as a Second Chair in My Practice: What It Adds—and What It Can’t Replace When Mike Whelan invited me onto his new podcast, AI in Practice (presented by Spellbook), I expected we’d discuss legal research tools and workflow

Running a solo appellate practice means I need ways to pressure-test theories and expose blind spots fast.

AI has become that tireless second chair—it accelerates my analysis while I retain judgment and accountability. The latter part is still up to me, and I don't see that changing any time soon.

No More Missed Orders: Texas Launches Statewide Case Notices On October 1, 2025, Texas launched automatic case notifications for attorneys statewide, finally solving a problem that had tripped up even diligent

You missed the signed order. The jurisdictional deadline passed. Even diligent lawyers hit this trap—until now. Texas launched automatic case notifications October 1. Every attorney of record gets alerts on orders, motions, filings. Details on what changed here.

A client's bankruptcy lawyer cited my podcast as proof I'm qualified to serve as appellate counsel in a big case.

The judge's next question made me laugh: "Does that make you more qualified if you have a podcast?"

I've handled countless appeals, but apparently the podcast sealed it.

#appellatesky

My younger son, a college junior, is weighing a law school too. I wish I knew how to advise him on what his legal career might look like.

Right up there with being “admitted to practice in all Texas state courts.”

#SCOTX seems to have quietly discontinued its oral argument summary emails. I relied on those handy advisories to preview upcoming cases and to plan on watching the arguments on YouTube if I could. Sure hope the Court brings this valuable service back. #appellatesky #texappcounsel

We had a great conversation with KC Ashmore about life in a small-town practice, lessons from military service, and the value of staying plugged into the bar. He also shared insights on professionalism, mentoring, and why relationships matter in trial and appellate work.

This is an evergreen episode that will resonate with anyone with experience handling appeals in any jurisdiction. We're grateful to Kevin for coming back and sharing his insights. #appellatesky

I often wake up with fresh ideas on how to approach a thorny legal issue. My subconscious apparently does a lot of legal work while I sleep.

We talked with Joe Stephens about how AI is reshaping legal practice—from transcript analysis in appeals to real-time courtroom use in public defense. We also explored how Texas is starting to regulate AI and what that means for lawyers.

Browse, Search, and Subscribe: The Texas Appellate Law Podcast Archive Is Live After months of behind-the-scenes work, I’m excited to share that the complete archive of the Texas Appellate Law Podcast—all 152 episodes to date—is now

Browse, Search, and Subscribe: The Texas Appellate Law Podcast Archive Is Live

All 152 @texapplawpod.bsky.social episodes are now available in one place—with searchable transcripts, in-browser listening, and easy subscription options. #appellatesky

Six Months of "Seeing Around Corners" in My New Solo Practice It's hard to believe, but Texas Appellate Counsel PLLC has been open for six months now. When I returned to solo practice in January, I was excited to

I’ve hit the six-month mark in my solo appellate practice. I share a few thoughts—plus a Law360 Pulse interview—on the Texas Appellate Counsel blog.
#AppellateSky

We had a great conversation with Janet and Vince about how their team helps trial and appellate lawyers nationwide. This episode is worth a listen for any lawyer looking to streamline their briefing process.

We didn't let audio challenges deter us from having a great conversation that covered these topics, as well as the importance of mentorship and the relaunch of the State Bar Appellate Secton's flagship publication, The Appellate Advocate. #appellatesky

Great getting back behind the mic with @jodyssanders.bsky.social today for a new @texapplawpod.bsky.social episode slated for release next week. Meanwhile, please enjoy an animated version of what we look like when recording, courtesy of our production software. #appellatesky

Some Dallas friends dropped off Slovacek's kolaches on their way through town. Little slices of heaven from West, Texas.

How to Find Superseded Texas Statutes Have you ever delved into a Texas statute only to discover that it was recently amended and the former version is what you need? That happened to me

I recently needed to find the pre-amendment text of a Texas statute and learned how useful the “Statutes by Date” tool is. Other online resources also make tracking down previous versions much easier than it once was. #appellatesky
www.texappcounsel.com/2025/05/how-...

We had a great time talking with @txappellateatty.bsky.social on this week’s @texapplawpod.bsky.social episode. We covered everything from voir dire to error preservation to arguing in the Texas Supreme Court … plus a war story involving a SCOTUS filing during Winter Storm Uri. ❄️📬 #appellatesky

🎙️We’re celebrating @texapplawpod.bsky.social's upcoming 150th episode with a $50 Amazon gift card giveaway.

Enter by sending in an appellate-related question by email or audio. Details in the post below.

My Supersedeas Presentation to Creditors' Counsel This week, I had the privilege of presenting at the 23rd Annual Collections & Creditors’ Rights Course hosted by TexasBarCLE in Houston. My session,

I spoke on supersedeas issues yesterday at the TexasBarCLE Collections & Creditors’ Rights Course. Read my key takeaways and access my full slide deck here. #appellatesky

A great way to end the day!

I enjoyed visiting with @arnolditkin.bsky.social's Andrew Gould. We talked about bridging the trial/appellate divide, how appellate lawyers can support litigation strategy, and the value of transparency. He also shared one of the most practical war stories we’ve heard in a while. 🎧 #appellatetsky

If only an option like this were available for the other 16 Texas appellate courts. #AppellateSky

#AppellateSky

Hard to believe I'm already three months into my new solo practice. I'm grateful to have heard from so many friends and colleagues since the move.

For anyone curious about my new gig, here's a sneak peek of an ad that will run in the next issue of Austin Lawyer.

#texappcounsel