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D. Todd Smith

@dtoddsmith.bsky.social
845 followers 48 following 78 posts

Texas Appellate Counsel | Helping trial lawyers win through innovative strategy, persuasive briefing, and compelling advocacy statewide.

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D. Todd Smith @dtoddsmith.bsky.social · 12/01/2026
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
texappcounsel.com
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
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Texas Appellate Law Podcast @texapplawpod.bsky.social · 24/12/2025
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...
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D. Todd Smith @dtoddsmith.bsky.social · 28/11/2025
This is fun. Me: 1. Rush (x2) 2. U2 (x2) 3. NIN/Soundgarden (together) 4. Linkin Park/Bad Omens (together) 5. Rolling Stones
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D. Todd Smith @dtoddsmith.bsky.social · 26/11/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 17/11/2025
Today's vibe.
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D. Todd Smith @dtoddsmith.bsky.social · 10/11/2025
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.
texappcounsel.com
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
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D. Todd Smith @dtoddsmith.bsky.social · 29/10/2025
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.
texappcounsel.com
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
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D. Todd Smith @dtoddsmith.bsky.social · 24/10/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 18/10/2025
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.
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D. Todd Smith @dtoddsmith.bsky.social · 12/10/2025
Right up there with being “admitted to practice in all Texas state courts.”
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D. Todd Smith @dtoddsmith.bsky.social · 10/10/2025
#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
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D. Todd Smith @dtoddsmith.bsky.social · 18/09/2025
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.
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D. Todd Smith @dtoddsmith.bsky.social · 04/09/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 26/08/2025
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.
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D. Todd Smith @dtoddsmith.bsky.social · 18/07/2025
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.
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Texas Appellate Law Podcast @texapplawpod.bsky.social · 08/07/2025
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
texappcounsel.com
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
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D. Todd Smith @dtoddsmith.bsky.social · 03/07/2025
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
texappcounsel.com
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
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D. Todd Smith @dtoddsmith.bsky.social · 26/06/2025
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.
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D. Todd Smith @dtoddsmith.bsky.social · 12/06/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 05/06/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 04/06/2025
Some Dallas friends dropped off Slovacek's kolaches on their way through town. Little slices of heaven from West, Texas.
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D. Todd Smith @dtoddsmith.bsky.social · 29/05/2025
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-...
texappcounsel.com
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
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D. Todd Smith @dtoddsmith.bsky.social · 01/05/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 26/04/2025
🎙️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.
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D. Todd Smith @dtoddsmith.bsky.social · 25/04/2025
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
texappcounsel.com
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,
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D. Todd Smith @dtoddsmith.bsky.social · 22/04/2025
A great way to end the day!
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D. Todd Smith @dtoddsmith.bsky.social · 17/04/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 15/04/2025
If only an option like this were available for the other 16 Texas appellate courts. #AppellateSky
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D. Todd Smith @dtoddsmith.bsky.social · 02/04/2025
#AppellateSky
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D. Todd Smith @dtoddsmith.bsky.social · 31/03/2025
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
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D. Todd Smith @dtoddsmith.bsky.social · 27/03/2025
Finally got around to getting some firm-branded printing done. About the only people I hand business cards out to any more are court reporters at hearings. #texappcounsel
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D. Todd Smith @dtoddsmith.bsky.social · 23/03/2025
Texas lawyers: The Greenbook is being updated—and the Texas Law Review wants your input. Got thoughts on citing the 15th Court of Appeals (or anything else Texas-citation related)? Deadline: April 9. For details, visit www.texappcounsel.com/2025/03/an-o.... #AppellateSky
texappcounsel.com
An Opportunity to Help Shape the Next Edition of The Greenbook
If you’re a Texas practitioner with strong opinions about citation form, now's your chance to be heard. The Texas Law Review Editorial Board is gathering
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D. Todd Smith @dtoddsmith.bsky.social · 21/03/2025
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D. Todd Smith @dtoddsmith.bsky.social · 20/03/2025
In this episode (our 146th!), @jodyssanders.bsky.social and I mark 5 years of talking about appellate law and lots of other topics. We also test the waters with a mailbag segment, with @kvptexas.bsky.social providing the first submission. #appellatesky
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D. Todd Smith @dtoddsmith.bsky.social · 15/03/2025
New addition to my office shelf. The gold pins represent appeals I'm currently handling. The silver pins are where I'm helping in trial courts. #texappcounsel
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Texas Appellate Law Podcast @texapplawpod.bsky.social · 22/02/2025
🎙️NEW EPISODE: Explore the intriguing saga of Judge Pauline Newman and delve into the system that polices federal judges with Chris Dove, @dtoddsmith.bsky.social, and @jodyssanders.bsky.social. #AppellateSky www.texappcounsel.com/2025/02/addr...
texappcounsel.com
Addressing Misconduct and Disability in the Federal Judiciary | Chris Dove
For Chris Dove, it started when he came upon articles in Above the Law about the saga of then-95-year-old federal Judge Pauline Newman. A giant in IP law,
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D. Todd Smith @dtoddsmith.bsky.social · 22/02/2025
Dive into this week's Texas Appellate Counsel Roundup to catch up on SCOTX and 15th Court of Appeals oral arguments, pre-merits-briefing grants, and a @texapplawpod.bsky.social episode exploring the system that polices federal judges. www.texappcounsel.com/2025/02/scot...
texappcounsel.com
The Roundup: SCOTX and 15th Court Arguments; 15th Court Jurisdiction
Plus, more on pre-merits-briefing grants and a new podcast episode. Texas Supreme Court This week, the Supreme Court heard nine oral arguments over three
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D. Todd Smith @dtoddsmith.bsky.social · 19/02/2025
The Texas Supreme Court is considering significant changes to the petition-for-review system, including eliminating pre-grant merits briefing. This would be a major—and positive—shift in Texas appellate practice. Learn more at texappcounsel.com/2025/02/scot... #appellatesky
texappcounsel.com
SCOTX Signals Major Changes to Merits Briefing and Central-Docketing Systems (Part I)
The Texas Supreme Court has directed the Supreme Court Advisory Committee (known as SCAC) to study and propose rules that would eliminate pre-grant merits
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D. Todd Smith @dtoddsmith.bsky.social · 18/02/2025
Texas Appellate Counsel Digest: SCAC Appointments, Big Potential Rule Changes, and Ethics Opinion on GenAI Check it out at texappcounsel.kit.com/posts/scac-a.... #AppellateSky
texappcounsel.kit.com
SCAC Appointments, Big Potential Rule Changes, and Ethics Opinion on GenAI
Texas Appellate Counsel Digest
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D. Todd Smith @dtoddsmith.bsky.social · 23/01/2025
I can't overstate the sheer volume of tasks involved in starting a law firm from scratch. It's a massive undertaking, but I'm committed to doing it the right way. Quick fixes might solve today’s problems, but they could create bigger issues down the road.
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Texas Appellate Law Podcast @texapplawpod.bsky.social · 20/01/2025
Exciting changes coming soon! #appellatesky
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D. Todd Smith @dtoddsmith.bsky.social · 16/01/2025
My original post only covered Day 1. Check out Day 2. #AppellateSky
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D. Todd Smith @dtoddsmith.bsky.social · 16/01/2025
I'm too far down the road to roll back the odometer or tell anyone else how to go about it.
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D. Todd Smith @dtoddsmith.bsky.social · 15/01/2025
Appreciate the point, Judge. I'm grateful there aren't other problems. It's just black-and-white thinking creeping in.
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D. Todd Smith @dtoddsmith.bsky.social · 15/01/2025
I'm excited to be part of the new TexasBarCLE "Becoming an Appellate Lawyer" program, which will take place in Houston this March. Kudos to Chad Baruch and the planning committee for putting together a fantastic seminar offering insight into the best of all litigation practices! #AppellateSky
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D. Todd Smith @dtoddsmith.bsky.social · 14/01/2025
I don't know whether that celebratory Buffalo Trace will be the last drink I'll ever take. What I do know is that not drinking feels right at this point in my life. /end
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D. Todd Smith @dtoddsmith.bsky.social · 14/01/2025
I've had family members struggle with alcohol. Fortunately, I never have. But I've seen how destructive drinking can be personally and professionally, especially among lawyers. 3/4
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D. Todd Smith @dtoddsmith.bsky.social · 14/01/2025
On New Year's Eve, after cleaning out my old office and looking ahead to my new venture, I poured myself some Buffalo Trace from a bottle I had at home. It was nice, but it wasn't life-changing. 2/4
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D. Todd Smith @dtoddsmith.bsky.social · 14/01/2025
I've been thinking for a while about giving up alcohol altogether. As I've gotten older, I just haven't enjoyed it like I once did, and I'm not seeing the point. 1/4
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D. Todd Smith @dtoddsmith.bsky.social · 08/01/2025
But seriously, there's so much potential "find out" here. I'm coming in with eyes wide open, having run my own shop for 15 years before my last stint in BigLaw. The tools available to solos are better now, but the potential traps are far worse.
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