SPU #2
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This document summarizes an appellate lawyer's skill set and how they can add value at the trial court level. It discusses how appellate lawyers can help with positioning cases for potential appeal by identifying appealable issues, issues of interest to appellate courts, and developing these issues. Appellate lawyers can also assist with strategic planning and analysis, motions and responses, trial briefing, jury charge preparation, and error preservation to strengthen a case for appeal. The document provides examples of how appellate lawyers can contribute at different stages of litigation from pre-trial through post-trial motions.
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This document provides an overview and syllabus for a course on appellate practice and procedure. It discusses why practicing appellate law offers flexibility, variety, and marketability. It outlines the anatomy of the appellate process, from a trial court order or judgment, through the appeal and briefing process, and potential higher court review. It also covers some key tools of the trade for appellate lawyers, including computers, research databases, reference materials, and strong legal writing skills. The next class will discuss how appellate lawyers can add value at the trial court level through strategic planning, error preservation, jury charge preparation, and trial briefing and motions.
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2) Preliminary matters such as determining jurisdiction, filing a notice of appeal, following timetables, and docketing the case in the appellate court. Compliance with procedural rules is important.
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2) Preliminary matters such as determining jurisdiction, filing a notice of appeal, following timetables, and docketing the case in the appellate court. Compliance with procedural rules is important.
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D. Todd Smith's presentation at the 2014 TexasBarCLE program entitled Success Strategies and Key Lessons for Young Lawyers
Social Media and Ethics Rules: Dos and Don'ts
This document discusses ethics rules for lawyers using social media. It provides an overview of advertising rules and why lawyers may want to use social media to promote their practice. While social media can help establish a personal brand and reach clients, lawyers must be careful not to violate ethics rules which prohibit false or misleading statements. The document reviews specific social media platforms and provides examples of posts that may or may not violate rules depending on how they are worded. Lawyers are advised to exercise caution and focus on providing informative, rather than soliciting, content.
2013 09-13 How to Handle Cross-Appeals
This document discusses handling cross-appeals under Texas rules. It notes that since 1997, a party seeking to alter a trial court's judgment must file a notice of appeal. It outlines complications that can arise in cross-appeals, such as whether a cross-appellant must pay filing fees or submit a docketing statement. The document proposes potential solutions like motion practice to address briefing issues and recommends amending the Texas Rules of Appellate Procedure to make cross-appeals more efficient, drawing on models like the Federal Rules of Appellate Procedure.
2013-06-20 Smith Ignite SBOT Slidedeck
D. Todd Smith was one of ten featured speakers at the first-ever "Ignite SBOT" program, which took place on June 20, 2013 during the State Bar's Annual Meeting in Dallas. Smith's topic was "Taking the Paper Out of Your Law Practice."
Ignite® talks are five-minute presentations accompanied by 20 slides, which auto-advance every 15 seconds. Once an Ignite® presentation begins, the slides start advancing and do not stop until the speaker's time is up.
2013 04-11 principled appellate decisions
This document discusses factors that appellate judges should consider to reach principled appellate decisions. It examines the concepts of stare decisis, standards of review, and analyzing the sufficiency of evidence. Principled appellate decisions adhere to precedent, identify the correct standard of review, address all arguments raised, and do not rely on unassigned issues or unnecessary dicta. The document provides examples and "sound bites" from appellate practitioners on properly applying these concepts.
2013-01-10 Attorney Advertising Update
This document discusses attorney advertising rules as they relate to social media, websites, and blogs. It notes that while social media can help lawyers promote their practice in a crowded legal market, communications must comply with rules against false or misleading information. The document reviews the purpose of advertising rules to protect the public, and notes that rule violations could now subject lawyers to civil liability for barratry. It provides guidance on using social media ethically without running afoul of filing requirements for advertisements.
2012 federal court transitioning slidedeck
1. A final judgment resolves all claims of all parties, but some related claims like attorney fees or abandoned claims do not need to be resolved for a judgment to be considered final.
2. For appellate deadlines, the time begins when the final judgment is entered on a separate document stating only the winner, relief awarded, and that it is a judgment.
3. If no separate document is filed, the ruling can still be appealed after 150 days, and the requirement can be waived by filing a notice of appeal.
Aba real estate ppt (final)
This document discusses integrating social media into a law practice. It provides examples of major social media platforms for lawyers like Twitter, Facebook, LinkedIn and YouTube. It outlines reasons to use social media like establishing brand, sharing expertise, and informing clients of events. The document discusses social media etiquette and what not to post. It covers ethical considerations regarding advertising rules and comments from the Bar on blogs, status updates and landing pages. Finally, it examines examples from LinkedIn and cautions about potential violations of disciplinary rules regarding comparisons and confidentiality.
2012 06-15 sbot using modern marketing tools in compliance with disciplinary ...
This document discusses using modern marketing tools like social media for lawyers while complying with disciplinary advertising rules. It notes that while social media can help lawyers market themselves and their firms, communications on social media must avoid false, misleading, or deceptive content to avoid disciplinary action or civil liability. The Advertising Review Committee has provided guidance that most educational or informational blog posts and social media updates do not require filing, but lawyers should be careful not to cross the line into impermissible advertising. The key is exercising good judgment regarding what content triggers the filing requirements.
Standards of Review 2012
This document discusses standards of review that define the relationship between trial and appellate courts. It explains that standards of review shape appellate arguments and frame the issues and depth of review. The major standards discussed are de novo, abuse of discretion, and evidentiary sufficiency. De novo review involves no deference to the trial court. Abuse of discretion review examines whether a decision was arbitrary, unreasonable, or without reference to guiding rules. The document provides guidance on analyzing rulings for abuse of discretion. It also summarizes key points regarding evidentiary sufficiency from City of Keller v. Wilson, including when contrary evidence can be considered.
Default Judgments Presentation
D. Todd Smith's slide presentation on default judgments at the 2012 South Texas Insurance Law Seminar.
Supersedeas Advanced 2012
Slidedeck from D. Todd Smith's presentation on current issues in Texas supersedeas law at the 2012 Advanced Civil Appellate Practice Course.
Adaptable Lawyer 2012 Slidedeck
An overview of how Texas appellate lawyers are adapting to new e-filing requirements in state and federal appellate courts.
SMLAA Webinar Slidedeck
The presentation seeks to educate trial lawyers on issues that arise following a jury verdict, including: formulating or opposing a final judgment from the verdict (including interest and other elements); calculating post-verdict deadlines; when the judgment is "final" for purposes of appeal vs. execution; superseding the judgment (what and for how long; options); preservation of error; perfecting appeal and getting the record; advising the client on realistic appellate expectations (timing, cost, and outcomes)—including what to prove up regarding appellate attorney's fees.
More from D. Todd Smith (20)
TexasBarCLE Advanced Appellate Social Media Presentation
TexasBarCLE Advanced Appellate Social Media Presentation
2012 06-15 sbot using modern marketing tools in compliance with disciplinary ...
2012 06-15 sbot using modern marketing tools in compliance with disciplinary ...
SPU #2
- 1. Appellate Practice & Procedure Class #2: How Appellate Lawyers Bring Value at the Trial Court Level presented by D. Todd Smith http://texasappellatelawblog.com for Solo Practice University™
- 2. An Appellate Lawyer’s Skill Set Researching the law Applying it to facts Develop a persuasive argument favoring client’s position
- 3. How do you apply these skills effectively in trial courts? (And why would you want to?)
- 4. Positioning for Appellate Review Identifying appealable issues in your case Identifying issues of interest to appellate courts Developing the issues as needed to put the case in the best possible position if/when it goes up on appeal All with a more objective, dispassionate point of view than trial counsel’s
- 5. Case-Shaping Opportunities Strategic Planning and Analysis Motions/Responses and Trial Briefing Jury Charge Preparation Error Preservation
- 6. Strategic Planning and Analysis Legal theories Claims and defenses Discovery Opportunity to shape the facts to fit theories What to emphasize or minimize Experts Whether they are needed How best to use them How to handle Daubert-type challenges Timing and subject of motions
- 7. Motions/Responses & Trial Briefing Pre-trial Motions to dismiss—jurisdictional issues, pleading defects Motions for summary judgment—legal or evidentiary issues Trial Handling legal issues as they arise Judgment Crafting the document Ensuring finality/avoiding problems Post-trial/post-judgment JMOL, JNOV, MNT Findings of fact and conclusions of law
- 8. Error Preservation In most cases, a prerequisite to raising an issue on appeal Pre-trial issues Evidentiary objections Jury submissions Post-judgment motions
- 9. Jury Charge Preparation Ideally, draft very early in the case •Helps inform trial lawyers when developing evidence •Identify opportunities for advocacy •Accurately reflect the law, phrased to produce the desired outcome Pattern jury charges •Useful tools, but don’t rely on them entirely •Check recent developments in case law Handling the charge conference •Allows trial counsel to focus on closing argument •Advantageous to have monitored the entire trial
- 10. Questions? “Stop by” during office hours Participate in the official study group Visit the Appellate Discussion Lounge
- 11. Next Time . . .
- 12. Appellate Practice & Procedure Class #3: Handling an Appeal—The Decision to Appeal and Preliminary Matters presented by D. Todd Smith http://texasappellatelawblog.com for Solo Practice University™