D. Todd Smith
@dtoddsmith.bsky.social
Texas Appellate Counsel | Helping trial lawyers win through innovative strategy, persuasive briefing, and compelling advocacy statewide.
This is fun. Me:
1. Rush (x2)
2. U2 (x2)
3. NIN/Soundgarden (together)
4. Linkin Park/Bad Omens (together)
5. Rolling Stones
1. Rush (x2)
2. U2 (x2)
3. NIN/Soundgarden (together)
4. Linkin Park/Bad Omens (together)
5. Rolling Stones
Introduce yourself with 5 concerts you have see. Me:
The Beatles (Shea Stadium)
The Who (Leeds)
Oasis (Knebworth)
Talking Heads (CBGB)
Sonny Rollins (Village Vanguard)
The Beatles (Shea Stadium)
The Who (Leeds)
Oasis (Knebworth)
Talking Heads (CBGB)
Sonny Rollins (Village Vanguard)
November 28, 2025 at 8:09 PM
This is fun. Me:
1. Rush (x2)
2. U2 (x2)
3. NIN/Soundgarden (together)
4. Linkin Park/Bad Omens (together)
5. Rolling Stones
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
A big rules overhaul is coming January 1. In this episode, @jodyssanders.bsky.social and I walk through what's changing and why. #appellatesky
NEW EPISODE: Breaking Down the Texas Supreme Court’s Revamped Petition-for-Review System. #AppellateSky
E157: Breaking Down the Texas Supreme Court’s Revamped Petition-for-Review System
The Texas Supreme Court is on the verge of eliminating the practice of requesting merits briefs before granting petitions for review—a change that will
www.texappcounsel.com
November 26, 2025 at 9:11 PM
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
A big rules overhaul is coming January 1. In this episode, @jodyssanders.bsky.social and I walk through what's changing and why. #appellatesky
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.
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.
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
www.texappcounsel.com
November 10, 2025 at 6:02 PM
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.
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.
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.
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
www.texappcounsel.com
October 29, 2025 at 4:34 PM
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
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
October 24, 2025 at 2:57 PM
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
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
Right up there with being “admitted to practice in all Texas state courts.”
Went on a firm's website and one of the things they tout on their front page is.... this? I am... puzzled by that claim.
October 12, 2025 at 1:06 AM
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
October 10, 2025 at 9:36 PM
#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.
NEW EPISODE: KC Ashmore joins us to talk about his journey from Coast Guard service to small-town law practice, the role of bar involvement, and why giving back sustains success. #AppellateSky
E155: Breaking Through Obscurity: Building a Law Practice Through Service and Mentorship | KC Ashmore
Building a law practice from scratch requires finding your tribe and embracing the paradigm of giving, says KC Ashmore of Ashmore & Ashmore Law Firm
www.texappcounsel.com
September 18, 2025 at 4:49 PM
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
NEW EPISODE! What does it mean to succeed as an appellate lawyer when wins and losses are often beyond your control? Kevin Dubose joins us to talk about redefining success, counseling clients, and coping with the challenges of appellate practice. #AppellateSky
E154: Confronting the Existential Crisis of Appellate Practice | Kevin Dubose
The basic concept – that appellate lawyers face an existential crisis – came to Kevin Dubose in a dream. In this thought-provoking episode, hosts Todd
www.texappcounsel.com
September 4, 2025 at 3:55 PM
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.
August 26, 2025 at 1:41 PM
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.
NEW EPISODE: Joe Stephens wears many hats: public defender, law professor, and legal tech consultant. He joins us to talk about how AI is reshaping legal practice and why access to justice depends on getting it right. #AppellateSky
www.texappcounsel.com/2025/07/e153...
www.texappcounsel.com/2025/07/e153...
July 18, 2025 at 6:26 PM
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.
Reposted by D. Todd Smith
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
All 152 @texapplawpod.bsky.social episodes are now available in one place—with searchable transcripts, in-browser listening, and easy subscription options. #appellatesky
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
www.texappcounsel.com
July 8, 2025 at 4:38 PM
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
All 152 @texapplawpod.bsky.social episodes are now available in one place—with searchable transcripts, in-browser listening, and easy subscription options. #appellatesky
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
#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
www.texappcounsel.com
July 3, 2025 at 10:06 PM
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
#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.
NEW EPISODE! What does Counsel Press really do? More than you think. We talk with Janet Bennett and Vince Wiscovitch about support services for busy appellate and trial lawyers, from filings to formatting to ghostwriting and beyond. #AppellateSky
www.texappcounsel.com/2025/06/e152...
www.texappcounsel.com/2025/06/e152...
June 26, 2025 at 2:49 PM
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
NEW EPISODE! Great legal writing isn’t just talent—it’s teachable. In our latest episode, law professor and appellate lawyer Christina Crozier shares practical writing tips, thoughts on AI in the classroom, and how she’s helping to prepare tomorrow’s advocates. #AppellateSky
E151: Teaching the Next Generation of Legal Writers | Christina Crozier
"If everyone can take out the fancy words from their language, we would all do better—law students and seasoned professionals alike." That observation
www.texappcounsel.com
June 12, 2025 at 5:02 PM
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
June 5, 2025 at 10:07 PM
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.
June 4, 2025 at 1:23 PM
Some Dallas friends dropped off Slovacek's kolaches on their way through town. Little slices of heaven from West, Texas.
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-...
www.texappcounsel.com/2025/05/how-...
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
www.texappcounsel.com
May 29, 2025 at 1:02 PM
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-...
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
🎙️ NEW EPISODE! Dylan Russell (@txappellateatty.bsky.social) of Sorrels Law shares how he balances life as a trial and appellate lawyer—and why there's real power in doing both. From voir dire to SCOTX arguments, he walks the line with purpose. #AppellateSky
www.texappcounsel.com/2025/05/e149...
www.texappcounsel.com/2025/05/e149...
E149: Straddling the Line Between Trial Work and Appellate Practice | Dylan Russell
“There's never any point at which I would have to say, ‘Well, I'm only going to do trial work now’ or ‘I'm only going to do appellate work,’” Dylan
www.texappcounsel.com
May 1, 2025 at 5:14 PM
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.
Enter by sending in an appellate-related question by email or audio. Details in the post below.
We're doing something fun to celebrate our 150th episode!
Send in your question by AUDIO for a chance to win BOTH the Amazon gift card AND a Texas Appellate Law Podcast-branded tumbler!
Email: [email protected]
Audio: www.speakpipe.com/TexAppLawPod...
#AppellateSky
Send in your question by AUDIO for a chance to win BOTH the Amazon gift card AND a Texas Appellate Law Podcast-branded tumbler!
Email: [email protected]
Audio: www.speakpipe.com/TexAppLawPod...
#AppellateSky
April 26, 2025 at 3:50 PM
🎙️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.
Enter by sending in an appellate-related question by email or audio. Details in the post below.
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
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,
www.texappcounsel.com
April 25, 2025 at 2:01 PM
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!
April 22, 2025 at 10:15 PM
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
NEW EPISODE! From federal prosecutor to building a plaintiffs' appellate practice from scratch, Andrew Gould shares lessons from the Fifth Circuit, trial strategy insights, and why “the cake is baked” on appeal. #AppellateSky
www.texappcounsel.com/2025/04/e148...
www.texappcounsel.com/2025/04/e148...
April 17, 2025 at 5:41 PM
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
April 15, 2025 at 6:00 PM
If only an option like this were available for the other 16 Texas appellate courts. #AppellateSky