D. Todd Smith is a certified specialist in civil appellate law. He teaches a course about appellate practice and procedure at Solo Practice University®.
Todd opened his solo practice in 2006 after spending nearly a decade with the international law firm of Fulbright & Jaworski L.L.P., where he was a member of the appellate and litigation practice groups. Before joining Fulbright, Todd served a two-year clerkship with Texas Supreme Court Justice Raul A. Gonzalez (ret.).
Todd represents plaintiffs and defendants in all phases of civil appeals and original proceedings, including preparation of written briefs and presentation of oral argument. He has handled matters before many of the Texas appellate courts, the Texas Supreme Court, and the United States Court of Appeals for the Fifth Circuit.
A significant part of Todd’s practice takes place at the trial-court level, where he serves as counsel of record in a variety of commercial and tort cases and as a consultant to other lawyers and their clients. When engaged in a litigation support role, he assists trial counsel with strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.
Todd is the creator and publisher of the Texas Appellate Law Blog, an online resource for trial lawyers, in-house counsel, solo and small firm practitioners, and others who may have matters pending before Texas appellate courts. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and currently serves as editor of the State Bar Appellate Section publication, The Appellate Advocate.
Syllabus
Course Description and Outline:
This course provides an overview of appellate law as a practice area for solo and small firm practitioners. In addition to breaking down the elements of an appeal and providing practical tips for handling each element, the course explores other services that appellate practitioners commonly provide and addresses the skills, temperament, and resources necessary to succeed in this practice area.
I. Overview
A. Why Practice Appellate Law?
B. Anatomy of the Appellate Process
II. Tools of the Trade
A. Computer and High Speed Internet Connection
B. Research Databases
C. Reference Materials
D. Legal-Writing Ability
III. How Appellate Lawyers Bring Value at the Trial Court Level
A. Strategic Planning and Analysis
B. Error Preservation
C. Jury Charge Preparation
D. Motions/Responses and Trial Briefing
IV. Handling an Appeal
A. The Decision to Appeal
B. Preliminary Matters
1. Jurisdictional Issues/What Kind of Appeal?
a. Interlocutory Orders
b. Final Judgments
c. Other Avenues of Appellate Review
2. Timetables
3. Notice of Appeal
4. Docketing in the Appellate Court
5. Appellate Record
C. Preparing Briefs
1. Overview
2. Appellant’s Brief
a. Issue Selection
b. Statement of Facts
c. Standards of Review
d. Argument and Authorities
e. Relief Requested
3. Appellee’s Brief
a. Responding to Appellant’s Arguments
b. Special Considerations: Waiver and Harmless Error
c. Cross-Points
4. Appellant’s Reply Brief
D. Oral Argument
E. The Decision
F. Rehearing
G. Higher Court Review
V. Tips and Strategies for Marketing an Appellate Practice
