D. Todd Smith

Latest from D. Todd Smith

In this week’s episode, co-hosts D. Todd Smith and Jody Sanders visit about ways in which the podcast has helped them engage with other media, including hosting Twitter Spaces with previous guests, appearances on other podcasts, and interviews for online publications. They also discuss their upcoming live oral arguments and try out a “mailbag” segment by answering a question posed over Twitter.…
You’ve obtained a money judgment, and your client is anxious to get paid. The judgment debtor files a notice of appeal and an affidavit claiming it has a negative net worth. The judgment debtor argues it is entitled to supersede the judgment without security. Now what? This post is the first of a two-parter explaining the procedure for contesting a negative net-worth affidavit and offering a case study for successfully following that procedure. Supersedeas Methods…
As technology improves, it opens new opportunities to change the way attorneys practice. From rethinking roles, tasks, and strategies to providing assistance in ways we’ve never contemplated, each year brings new opportunities for change. In this episode, Todd Smith and Jody Sanders talk to one of the people leading the technological revolution in law, Jake Heller, co-founder and CEO of CaseText. Jake explains his background in technology and law and how it led him and…
For more than a century, oil and gas has remained the backbone of Texas’s economic growth. Despite repeated rumors that oil and gas is on the way out as an energy source, the industry continues to adapt and grow to meet new economic and technological developments. As a result, disputes over oil and gas remain an important part of Texas jurisprudence, something that today’s guest, Wesley Lloyd of Freeman Mills, PC, follows closely. Wesley’s practice focuses…
About a year ago, I released a video entitled “Automated Certificates of Service Are Coming.” The wait is over. As of this week, automated certificates of service will be rolled out in every Texas court set up for e-filing. What is an automated certificate of service? Texas Rule of Civil Procedure 21a(e) and Texas Rule of Appellate Procedure 9.5(d)-(e) require proof of service when a document is filed with the court. Traditional certificates of…
For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark Meachum that resulted in a record-setting plaintiff’s verdict. With the rise and persistence of the Delta variant, the Travis County district judges have paused the in-person pilot program. Based on what I’ve heard from the judges and staff, in-person…
While emerging technology has created new opportunities for the way both lawyers and the public interact with the judicial system, judges haven’t been left behind. On today’s show, Judge John Owens of the 9th Circuit Court of Appeals joins Todd Smith and Jody Sanders, along with special guest co-host M.C. Sungaila, to discuss just how technology has helped from a judicial perspective. Judge Owens discusses how judges can embrace technology to…
While trial and appellate practice are different in many ways, attorneys who understand each one are better at both. On the criminal side, Jim Huggler has managed to balance both a trial and appellate practice representing criminal defendants in state and federal courts. This week, he joins Todd Smith and Jody Sanders to discuss his practice in the different forums, his experience as course director for TexasBarCLE’s Handling Your First (or Next)…
When faced with a new legal issue, having a reliable resource to provide background information and a starting point for research is key. These resources create efficiency for clients and allow attorneys to get up to speed quickly in fast-moving matters. But, legal publishing companies have to ensure that the information they provide is trustworthy, user-friendly, and up-to-date in an ever-evolving legal world. Todd Smith and Jody Sanders address the process of writing and compiling legal…
Any serious Texas Supreme Court follower knows that the Court isn’t the only institution in that courthouse. Osler McCarthy, the Court’s staff attorney for public information, is another one. Many court watchers wait eagerly on Friday mornings for Osler’s order summary email before reading the Court’s opinions for themselves. But, that position did not even exist before Osler took it on and shaped it into what it is today. In this week’s…