The Spring issue of The Appellate Advocate has been posted to the Appellate Section's website. In addition to the usual features, this issue contains announcements seeking applications for the position of editor (due June 30) and entries for the Section's annual songwriting contest (due August 15). See the publication for details.
Because of a communication error between the State Bar and printer, a significant number of Appellate Section members did not receive hard copies of the Winter Appellate Advocate (vol. 21, no. 2) in the mail.
The issue is available electronically here. Section members wishing to obtain a print version may send a request to the printer's representative, Tina Adams, at tina@theovernightpress.com.
As editor of the publication, and on behalf of the Appellate Section, I apologize for the inconvenience.
Following up on this post, I am pleased to announce that Hein Online has finished archiving past volumes of The Appellate Advocate. The 1987 inaugural issue through volume 20, number 4 are now available by following the "Appellate Advocate" button and the "Archives" link on the State Bar Appellate Section's website.
The newly posted current issue is available on the Section's website as well. In addition to the regular case summaries, it features Texas Solicitor General Jim Ho's essay in honor of his office's tenth anniversary and Justice Terrie Livingston's interview of now-retired Justice Dixon Holman. As a special treat, we have also included some of David Mills's excellent Courtoons.
I have had the privilege of serving as the publication's editor for nearly three years, and my time in that role is drawing to a close. Watch for an announcement in the Spring issue seeking applications for my replacement.
Updated 1/7/09: Regular readers of this blog know that I'm interested in technology and how it impacts law practice. In keeping with that interest, I wrote an article for the January issue of the Texas Bar Journal entitled "Internet-Based Practice Management Solutions." The article discusses some “software as a service” alternatives to traditional practice-management software programs, particularly those geared toward solos and small firms.
I am proud of the article and think it will help inform scores of Texas lawyers about these new options. I would be remiss, however, if I failed to mention an error in the print version that needs correcting. The article notes that Rocket Matter, one of the service providers discussed, recently unveiled a new pricing structure, but gets the pricing wrong. The correct information can be found here.
As the article concludes, technology helps level the playing field for solos and small firms and is changing the way we all practice law. Here's hoping this change is one for the better.
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Two years ago today, I launched this blog—the first of its kind in Texas— to engage folks who are interested in or involved with civil appellate issues. As was the case last New Year's Day, publishing content and interacting with readers remains very fulfilling, and the blog continues to open doors for my practice. I hope it remains a useful tool for its audience.
I wish everyone reading this post a blessed, safe, and productive 2009. As I reflect on the past year and consider my goals for the next, here are some of my favorite posts from 2008:
In early 2006, when I first seriously pondered leaving BigLaw and opening a solo practice, I found a great deal of information and support through various listservs and blogs. Even still, making the leap was daunting, largely because I had little training or experience relevant to the unique, day-to-day challenges running a solo practice brings.
By launching Solo Practice University, lawyer coach and consultant Susan Cartier Liebel aims to solve that common problem. SPU is a web-based educational community designed to take up where law school leaves off and to provide solos with the practical tools they need to succeed.
Appellate law is particularly well suited to solo practice; I'm living proof of that fact. So I'm thrilled to announce that I have accepted Susan's invitation to teach Appellate Practice and Procedure at SPU. In addition to breaking down the elements of an appeal and providing practical tips for handling each element, the course will explore other services appellate practitioners commonly provide and will address the skills, temperament, and resources necessary to succeed in this practice area.
Thanks for the opportunity, Susan. I look forward to sharing what I've learned.
Incoming Third Court of Appeals Chief Justice Woodie Jones won't take office for a few more weeks, but he is already showing up on the Court's January oral argument calendar.
After next Wednesday (when I happen to be arguing a case), the Court's next oral submission date is January 14, 2009, with the Chief presiding over the morning panel. His public investiture ceremony will be held at 4:00 p.m. on Monday, January 12, in the Third Court of Appeals courtroom.
Texas Attorney General Greg Abbott has named my friend Andrew Weber (pictured) First Assistant Attorney General. He replaces Kent Sullivan, who Governor Perry recently appointed to the Fourteenth Court of Appeals.
Aside from his legal skills, Andrew is a heck of a nice guy. He is well known to appellate lawyers throughout the state because of the three years he spent as Clerk of the Texas Supreme Court.
Congratulations, Andrew! Well done.
The Review of Litigation, a student journal at the University of Texas School of Law, has asked me to help promote its upcoming symposium entitled “The Rise of Appellate Litigators and State Solicitors General.” Timed to coincide with the tenth anniversary of the Texas Solicitor General's Office, the symposium will explore the creation of state solicitor general and state appellate chief positions, as well as matters significant to private appellate practitioners.
The symposium will take place on January 22-23, 2009, in the Eidman Courtroom at UT Law School. Admission is free, and CLE credit will be provided for a reasonable fee. More information, including how to register, is available here.
The Fall 2008 issue of The Appellate Advocate is now available through the State Bar Appellate Section's newly revamped website. As usual, the publication is packed with interesting articles and useful case updates.
As a service to its members and the public, the Section has elected to post the electronic version before the print edition is mailed. The Section has also undertaken an archiving project that will make all previous issues available to members online. When that service rolls out, I'll be sure to announce it here.
LinkedIn has become a useful networking tool for professionals, and lawyers are no exception. Six months ago, the number of lawyer profiles on LinkedIn was estimated at just under 120,000. As more lawyers become educated about the value of social media, there's no telling how high that number will climb.
With that in mind, I have started a Texas Appellate Law Group to facilitate conversation and collaboration among trial and appellate lawyers, in-house counsel, and other professionals working on matters before Texas appellate courts and the Fifth Circuit.
LinkedIn explains the Groups concept this way:
Many professionals advance their careers and business goals by counting on industry and professional groups, alumni organizations, industry conferences and corporate alumni groups to help them make vital new business contacts. LinkedIn Groups offers extra features to group-based organizations to help their members stay in touch with one another and discover powerful new business contacts within their groups and beyond.
LinkedIn has added several new features to Groups this year, including a discussion capability, a searchable directory of the various groups, and the ability to search for people within groups.
If you're a lawyer or other legal professional with an interest in Texas appellate law, I invite you to join the Texas Appellate Law Group by clicking here.
Blog Action Day is an annual nonprofit event that encourages bloggers, podcasters, and videocasters around the world to post about the same issue on the same day. Its aim is to raise awareness and trigger a global discussion. This year's theme is poverty.
Over the past year, Texas civil appellate lawyers have confronted poverty through the newly launched Texas Supreme Court and Third Court of Appeals pro bono projects. In these programs, litigants who would otherwise be representing themselves on appeal because they cannot afford to hire counsel have been paired with qualified attorneys to help them navigate the often-complicated appellate process. The program has drawn rave reviews from bar groups, judges, and—most importantly—the clients.
I have had the good fortune of participating in the Texas Supreme Court program and intend to do so again. It's a wonderful way of doing justice and doing good at the same time.
Justice Diane Henson will be speaking to the Austin Bar Association's Solo and Small Firm Section at noon tomorrow, September 25, in the ABA seminar room. The topic will be "Practice Pointers From the Third Court of Appeals." Attendees will receive 30 minutes of CLE credit.
The event is free for Section members, and others may attend for a nominal charge of $10. Validated parking is available in the 816 Congress garage. If you're interested in reserving a catered lunch, please contact Bill Biggs at wbiggs@sbcglobal.net. Brown baggers are welcome.
The State Bar Appellate Section officially rolled out its re-designed website today. The new, user-friendly interface is full of useful information and contains links to a number of handy resources. I suggest that anyone reading this blog visit the new site and bookmark it for future reference.
Among the site's new features is a permanent link to the current issue of the Section's quarterly publication, The Appellate Advocate (of which I am editor). We have also included a new author/title/subject index and a special page linking to all of the judicial interviews published to date. Finally, we have arranged for Hein Online to archive all past issues in searchable form, which will be made available to Section members at no charge. The archives are in the process of being populated and will be available within the next few weeks.
Our outgoing Section Chair, Doug Alexander, deserves credit for spearheading this project, and Steve Hayes should be commended for the fine job he did working with the designer to get things just right. And on behalf of The Appellate Advocate, I would like to thank Rich Phillips for his help in getting the ball rolling with Hein. All in all, this was a great team effort.
As many of you know, I am editor of the State Bar of Texas Appellate Section publication, The Appellate Advocate. We are filling out our roster of contributors for Volume 21—my last as editor per the Section's bylaws—and have several opportunities available for folks interested in contributing case updates or substantive articles. If interested, please contact me directly.
Now that the Texas Supreme Court has broken for the summer (sort of), I'd like to start a series I'm calling "20 Questions About Texas Appellate Practice." My intent is to answer the questions someone unfamiliar with Texas appellate law might ask when faced with the prospect of taking or defending an appeal in the Lone Star State.
Here's what I've come up with so far:
1. How is the Texas appellate court system structured?
2. What kinds of orders are subject to appeal in Texas?
3. What is required to perfect appeal?
4. If an appeal is not available, do I have any other options for obtaining higher court review?
5. What are post-trial motions, and what is their effect?
6. Is a judgment automatically stayed while the case is on appeal?
7. What is the appellate record, and how do I go about getting it?
8. What is a docketing statement?
9. What rules apply to appellate briefs, and when must briefs be filed?
10. What standards do appellate courts use when reviewing a trial court’s rulings?
11. How long will an appeal take?
12. What will an appeal cost?
13. Will the court of appeals hold oral argument in my case?
14. What can I expect from oral argument?
15. What are my chances for obtaining relief on appeal?
16. What are my options if I lose in the court of appeals?
17. How does the Texas Supreme Court’s petition for review process work?
18. When does an appellate court’s judgment become final and enforceable?
19. Does Texas recognize appellate practice as a specialty?
20. What value does an appellate specialist add to a trial team?
Each question will be the subject of its own post. As I go through them, I will update this post to hyperlink each question to its respective answer. The list is flexible, so if you have a question that you don't think I intend to cover, please send it to me, and I'll see about working it in.
As always, comments are welcome. Stay tuned!
This past Saturday marked the second anniversary of my law firm. My sentiments today are much the same as when I wrote this post marking the first year:
One year ago today, I departed big firm life to start my own appellate boutique—if you can call one lawyer a boutique! The result has exceeded my expectations in almost every way. While I am grateful for the opportunities I had at Fulbright & Jaworski and the excellent experience I obtained there, my current practice is a much better fit for my personality and work style, and it is also better for my family (although my wife would say that I don't work any less). Special thanks to all the folks who have referred cases to me or hired me over the past year. Without you, I wouldn't be posting this message.
I am fortunate to continue working on a number of interesting matters with great clients who are also really great people. In this day and age, that makes all the difference in the world.
I remain thankful to those who have sent me referrals or retained me to work alongside them on their own cases this past year. The continued success of my practice depends on these existing relationships and on developing new ones. If you have a matter that could use the attention of an appellate specialist, please don't hesitate to contact me to discuss how I can help.
The State Bar Appellate Section and Texas Bar CLE are co-sponsoring the 22nd Annual Advanced Civil Appellate Practice Course, which is set for September 4-5, 2008 at the Four Seasons Hotel here in Austin. The popular Appellate Boot Camp will take place on September 3 and the Section's annual meeting is scheduled for September 6, to be followed by a cocktail reception with the judiciary.
I have attended this seminar for many years and strongly recommend it to any lawyer who handles appeals with any regularity or who is interested in doing so. A brochure with registration information is available here.
Aside from its timely topics, informative speakers, and excellent written materials, the best part of this program may be what has become an annual Appellate Song Lyrics Contest, in which contestants are asked to alter the lyrics of a well known song to give it an "appellate" touch. You will find the contest rules here and in the Summer issue of The Appellate Advocate, which should be hitting Section members' mailboxes in the next couple of weeks. The contest submission deadline is 5:00 p.m. on Friday, August, 15.
To give you an idea how creative (and fun!) appellate lawyers can be, here is last year's winning entry, set to the tune of Paul Simon's "50 Ways to Leave Your Lover":
50 Ways To Waive Your Error
The problem's all in your record she said to me.
The answer is easy if you brief it legally.
I'd like to help you but your objection's absentee.
There must be fifty ways to waive your error.
She said it's really not my habit to advise.
Furthermore, I hope my counsel won't lead to your demise.
But I'll repeat myself so the court's words won't surprise.
There must be fifty ways to waive your error.
Fifty ways to waive your error
CHORUS 1:
You just fail to object, Hecht
Leave it outta the brief, Chief
You don't need to be seen, Green
Just get it denied PC
Don't make a bill, Phil
just take a big chill pill
don't timely appeal, O'Neill
and get it denied PC
She said it grieves me so to see you in such straits.
I wish there was something I could do to lower your rates.
I said I appreciate that, as again she explicates.
About the fifty ways...
She said why don't we both just work on it all night.
And I believe by the morning you'll begin to see the light.
The error's jurisdictional, my liability is slight.
There must be... fifty ways to waive your error
Fifty ways to waive your error
CHORUS 2:
You just fail to object, Hecht
Leave it outta the brief, Chief
don't bother to call, Paul
Just get denied PC
Just say you forgot, Scott
The issue's long gone, Don
it's already stale, Dale
And it's been denied... PC
Though somewhat afield from this blog's primary focus, the topics of electronic discovery and computer forensics should concern anyone practicing law in this day and age. I am therefore pleased to announce that nationally recognized expert Craig Ball—a board-certified trial lawyer in his own right—will speak to the Austin Bar Association's Solo & Small Firm Section at noon on Thursday, May 22, 2008 at the Austin Bar office. (In case you're wondering, as the Section's Program Co-Chair, I'm the guy responsible for lining up speakers.)
The event is free for Section members, and others may attend for a nominal charge. If you'd like to attend and reserve a catered lunch, please contact Bill Biggs at wbiggs@sbcglobal.net.
UT Law School will be holding its annual Conference on State and Federal Appeals on May 29-30, 2008 at the Four Seasons Hotel here in Austin. You can find more information about the conference and register online here.
This is a "don't miss" event for lawyers looking to stay up to speed on current trends and emerging issues in Texas and federal appellate practice. I am particularly interested in the session entitled "Effective Use of Appellate Counsel in Federal District Court," during which we will learn "what’s effective and what’s not when appellate counsel venture into federal trial courts."
The Appellate Sections of the State Bar of Texas and the Austin Bar Association are sponsoring a program entitled “An Evening with the Texas Supreme Court” on Thursday, March 27, 2008, from 4:30 to 7:00 p.m. at the InterContinental Stephen F. Austin Hotel here in Austin. CLE credit (1.5 hours, .33 ethics) has been requested.
The event will feature a panel discussion with Chief Justice Jefferson and Justices Brister, Johnson, and Willet. A reception with the justices will follow.
Register by mailing a $25 check payable to “State Bar of Texas Appellate Section” to Anne Johnson at Haynes and Boone, 901 Main Street, Suite 3100, Dallas, Texas 75202. You may also reserve a space by calling Anne at (214) 340-7974 or by e-mailing her at anne.johnson@haynesboone.com, with $30 payable at the door.
I am pleased to announce that this blog has moved over to the LexBlog platform. The new URL is http://texasappellatelawblog.com.
All previous posts have been incorporated into the new format, and the old URL will remain active for a few weeks to ensure a smooth transition. After that, visitors to the old address will be redirected here.
This is an exciting development as I look to take this blog and my practice to the next level. If you have comments about the new format or any suggestions, please let me know.
It's hard to believe, but I launched this blog one year ago today. I have enjoyed writing the first 187 posts and interacting with readers, both through the blog and in person. Your comments and compliments help keep this thing going.
I have big plans for the blog in early 2008, so keep your eyes open for some major changes. Here's to a happy, safe, and productive 2008!
The State Bar of Texas has contacted a number of law bloggers for assistance in promoting its YouTube contest, "Lone Star Stories: Texans on Justice." I am happy to oblige.
The SBOT is touting this contest as the first of its kind by a bar association. Follow the links for a copy of the press release and an upcoming article in Texas Lawyer.
The contest is part of President Gib Walton's public education initiative on the justice system and is intended to give all Texans a venue to share their vision of the promise of justice for all. Two winners will receive $2,500 prizes and a trip to the January State Bar board meeting in Grapevine. Entries will be accepted between October 15 and December 15.
Congratulations to the SBOT for taking on such a worthy project in such an innovative way.
The Texas Supreme Court has added links to its calendar (in Microsoft Word and PDF form) as a new feature on the Court's web site. Advocates and others now have ready access to the Court's schedule through August 2008, including dates for oral argument, conference, orders, and holidays.
Thanks to Elana Einhorn for the tip.
The State Bar Appellate Section and Texas Bar CLE are co-sponsoring the 21st Annual Advanced Civil Appellate Practice Course, which will take place September 6-7, 2007 at the Four Seasons in Austin. Related events are the ever-popular Appellate Boot Camp on September 5 and the Section's annual meeting on September 6, which will be followed by a cocktail reception with the judiciary. A registration brochure is available here.
I strongly encourage any lawyer interested in appellate practice to attend this program. The topics are always timely, and the speakers and written materials are always informative. And if you think this group is dull, you've got another thing coming. In connection with the annual meeting, the Appellate Section is holding its first Appellate Song Lyrics Contest, in which contestants are to alter the lyrics of a well known song to give it an "appellate" touch. You can find the contest rules here or in the Summer issue of The Appellate Advocate, which should be hitting mailboxes now. The submission deadline is 5:00 p.m. on Wednesday, August 29.
Per How Appealing:
The U.S. Supreme Court has issued a "Memorandum to Counsel" about the forthcoming revisions to that Court's rules: You can access the five-page memorandum at this link. Among other things. the memorandum suggests that the Court will begin making electronically-filed briefs available for access over the Court's own web site.
The State Bar Appellate Section and TexasBarCLE are offering a total of $95 off the combined registration fees for the 2007 Practice Before the Texas Supreme Court and Advanced Civil Appellate Practice courses. To get this deal, attendees must register by telephone (800-204-2222 x1574), fax (512-427-4111), or mail by April 13, 2007. (Unfortunately, online registration is not available, and I was unable to locate an online brochure for either seminar.) Appellate Section and State Bar College members get an additional $25 off.
These courses, along with the annual UT Conference on Federal and State Appeals, are some of the best and most informative CLEs around. I would encourage anyone interested in appellate practice to attend.
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