Texas Appellate Law Blog : Texas Appellate Lawyer & Attorney : D. Todd Smith Law Firm : Appeals, Sanctions, Summary Judgment : Austin, Texas

Having seen some of my blog posts about Twitter, the folks at Texas Lawyer approached me about writing an article explaining it from a hands-on perspective.  The result of my efforts, entitled "Marketing Your Practice in 140 Characters or Less," appears in today's issue.  I hope readers find it informative.

1/13/09 Update:  Law.com has picked up the article on its Legal Technology page and has added some helpful links.  Thanks to all who have commented to me about it, both below and elsewhere.

• Email This
• Print
• Comments (2)
• Trackbacks

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.

• Email This
• Print
• Comments (3)
• Trackbacks

Last Updated 1/12/09:  Borrowing an idea from JD Scoop, I have decided to compile and maintain an index of Texas lawyers, legal professionals, and firms who actively use Twitter.  The alphabetical list (by username) appears below.

Like everything else, Twitter is what you make of it.  Though originally geared toward personal communications, it has evolved into a powerful networking and business-development tool.  I hope this list helps Texans working in the legal field connect with each other in ways they wouldn't have otherwise.

I am starting the list off at 20, but I anticipate it will grow over time.  The descriptive information comes from Twitter bios or other online sources.  If you want to revise yours, or if you're not on the list and would like to be, tweet me.

1. @aellislegal:  Recruiter placing bankruptcy attorneys nationwide and all attorneys within Texas.
2. @bigtkirk: Tom Kirkendall seeks freedom and justice in an increasingly regulated world.
3. @bksanchez:  Houston civil litigator.
4. @BlakeMBoyd:  Trial technologist and presentation specialist. based in San Antonio.
5. @BobKraft:  Injury, disability, and immigration lawyer in Dallas.
6. @bschuelke:  Partner in an Austin plaintiff's litigation law firm.
7. @chucknewton:  Husband, father, lawyer, Third Waver, carpet commuter, spare room tycoon.
8. @dtoddsmith:  The author of this blog.  Board-certified civil appellate practitioner based in Austin but practicing statewide.
9. @fulbright:  The international law firm of Fulbright & Jaworski L.L.P.
10. @glambert:  Law librarian and blogger.
11. @HouCrimLaw:  Houston criminal defense trial philosopher . . . and lawyer.
12. @mexicolawblog:  Mexican law and news for businesses and investors.
13. @nicolebroussard:  Longview-based immigration attorney.
14. @jackson_walker:  Jackson Walker L.L.P.
15. @johnsirman:  State Bar of Texas web manager and Texas Bar Journal technology editor.
16. @martinvisalaw:  Immigration lawyer with more than 11 years experience.
17. @PaulBKennedy:  DWI and criminal defense lawyer in Houston.
18. @shannongracey:  Shannon, Gracey, Ratliff & Miller, LLP.
19. @startuplawyer:  Startup lawyer and blogger.
20. @statebaroftexas:  Providing an array of services for members and the public.
21. @tamerabennett:  Copyright, trademark, and entertainment lawyer, among other things.
22. @TRLA:  Texas RioGrande Legal Aid.
23. @TheHRLawyer:  San Antonio lawyer handling disputes involving overtime pay, discrimination, wrongful termination, noncompete & separation agreements, and other employment-related issues.
24. @TomMighell:  All-around tech and collaboration guru.

1/12/09:  My friends at LexBlog are offering a free service known as LexTweet that collects tweets from members of the legal community.  It is an excellent source for identifying people to follow and is not limited by jurisdiction.

For a plain-English explanation of Twitter, watch the following video:

 

 

• Email This
• Print
• Comments (1)
• Trackbacks (1)

A sample of my microblog updates from the past week appears below.  To receive all of my updates, follow me on Twitter at at @dtoddsmith.

ABA Journal surveying lawyers about job market and state of economy. Results to be published in Jan. issue: http://tinyurl.com/5c5b3f. 

@Fulbright I welcome my former law firm to Twitter. Any progress on that LinkedIn alum group? No difference b/t LI & Twitter to me.

Working on motion responses in a large arbitration matter. Two reply briefs and two short articles lined up after that. Good to be busy!

Only @BobKraft and @bschuelke responded to shout-out to TX lawyers wanting to be included in special list like JD Supra's. Any others?

The Texas Supreme Court has begun releasing information about orders and its calendar via RSS feed, http://tinyurl.com/6lqbmt. 

Texas AG Greg Abbott names new First Assistant, Andrew Weber, http://tinyurl.com/5lvj52. 

TX lawyers, let me know you're [on Twitter]. Thinking of posting a TX-specific list along lines of what @jdtwitt did at http://tinyurl.com/6oogwr. 

Texas appellate lawyers should be aware of recent policy change re extensions of time in Third Court of Appeals, http://tinyurl.com/6nd6ap.

• Email This
• Print
• Comments
• Trackbacks

Hat tip to the Supreme Court of Texas Blog for pointing out that the Court has enabled RSS feeds via its home page.  As the following screenshot shows, the subscribe button is located just above the Court's photo.

The feeds include news and updates, as well as information from the Court's calendar.  This is yet another effort to make Court's workings more transparent and accessible to the public.

For a plain-English explanation of RSS, watch the following video.

 

• Email This
• Print
• Comments
• Trackbacks

Microblogging consists of brief text updates published broadly or to a restricted group chosen by the author.  My microblog can be found on Twitter at @dtoddsmith, where I invite you to become a follower.

Recent microblog posts include:

New at TALB: Announcing creation of Texas Appellate Law LinkedIn Group: http://tinyurl.com/6gn8ze. Thanks @kevinokeefe for the idea!

Reading"Is Now The Perfect Time To Start Your Solo  Practice?" (http://tinyurl.com/56g8oq). BigLaw clients consider downturn an opportunity?

Photographic evidence @kevinokeefe was in Austin at http://twitpic.com/h9te. @ernieattorney took the photo. With us is Dylan Drummond.

Finally! Horned Frogs No. 15 in both AP and USA Today polls released today. Nov. 6 opponent Utah is No. 12. Still room to move up.

Reading "Bent on Intent: Finger-Pointing, Politics Permeate [Entergy v. Summers] Rehearing," http://tinyurl.com/5c3nxa.

New at TALB: Texas Supreme Court releases opinion addressing specific performance proof requirements, http://tinyurl.com/5uamwz.

Had a great time visiting with @kevinokeefe & @ernieattorney at Driskill & Louie's 106 last night. Ernie took at least 1 picture. Share?

RT @TCU: Athletics: Frogs Leave No Doubt in 32-7 Defeat of No. 9 BYU http://tinyurl.com/6y59ze. DTS: 7-1, streak killers. Pollsters?

Reading "Forbes ranks Austin best city for the value," http://tinyurl.com/4nwrhe.

Reading ""In-House Counsel See Litigation Spike in Next Year," http://tinyurl.com/533u75. My old firm predicts better times for litigators.

New at TALB (http://tinyurl.com/3sh4): Looking for statistics. When court of appeals denies oral argument, are appellants hosed?

More on 3rd Court scuffle between CJ Law and J Patterson re DeLay case, including link to CJ's SCOTX response, at http://tinyurl.com/3hf7sf.

Just got email from BigLaw firm saying they're updating their media list and asking for my mailing address. Guess I'm media now.

More evidence of the power of blogging: Reporter just contacted me about a local, increasingly heated appellate court race.

Jumping into some short-fuse briefing in a ginormous arbitration I've been hired to help out on. Good stuff.

Promoting SBOT Appellate Section pro bono programs as part of Blog Action Day's focus on poverty: http://tinyurl.com/4ptz36.

What kinds of orders are subject to appeal in Texas? One of "20 Questions About Texas Appellate Practice" at http://tinyurl.com/4m9nwr.

How is the Texas appellate court system structured? One of "20 Questions About Texas Appellate Practice" at http://tinyurl.com/3mmeh7.

What is required to perfect appeal? One of "20 Questions About Texas Appellate Practice" answered at http://tinyurl.com/5xa6kc.

Attending Inn of Court meeting. Great topic: Perspectives re raid on Yearning for Zion Ranch and aftermath.

Ugh. Third Court dissension along political lines makes WSJ Law Blog: http://tinyurl.com/4y3634. Not a good sign, folks.

Texas Lawyer covers the 5th Circuit's en banc decision in In re Volkswagen at http://tinyurl.com/3zvs23.

Getting some nibbles on new venues/groups for variations of my "Appellate Practice Marketing 2.0" talk. Can you say "repurpose"?

Rough times at 3rd Court of Appeals. J. Patterson asks SCOTX to make court publish dissent in DeLay-related case, http://tinyurl.com/5xlksr.

Reading "5th Circuit Ruling Shoots Down IP Rocket Docket," http://tinyurl.com/53vr4v. En banc court sides w/ panel 10-7 in Volkswagen case.

As always, comments are welcome.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks (1)

That was the title of a CLE presentation I gave today to the San Antonio Bar Association's Appellate Practice Section.  In addition to "traditional" techniques—such as doing “law” work in trial courts; handling pro bono appeals; writing articles and giving speeches; bar association work; and networking with trial lawyers, industry professionals, and other appellate lawyers—my main focus was blogging.  I also briefly discussed a broader internet marketing strategy involving Twitter, Facebook, LinkedIn, TexasBarCircle, and Avvo, among other possibilities.

I enjoyed giving this talk and would consider "taking it on the road" if the opportunity arises.  The concepts aren't limited to appellate practice.  That's just where I've applied them.

To the SABA Appellate Practice Section, thanks again for inviting me!

10/28/08 Update:  I am posting my PowerPoint presentation here.  Thanks to Kevin O'Keefe for allowing me to borrow substantially from his work product on blogging and social media.

• Email This
• Print
• Comments (1)
• Trackbacks

As mentioned here, I experimented with Twitter last week by "live-tweeting" from the Advanced Appellate Seminar here in Austin.  I picked up a few followers as a result of this effort—including one who also tweeted from the CLE—but it otherwise seems as though the experiment went unnoticed.

For anyone who is interested, I'm reproducing the text of my seminar tweets below:

Last presentation of the conference: Topic is legal writing. Nothing like video clips from "My Cousin Vinny" to wrap thing up. 03:14 PM September 05, 2008 from twitterrific

Appellate e-filing system will allow proximity searches of all ct docs, bring transparency to ct business. Notices will be electronic. 02:27 PM September 05, 2008 from twitterrific

Discussion of e-filing in appellate courts: Please, please, please! Software is in development. 02:11 PM September 05, 2008 from twitterrific

Discussion of appellate rule changes: Focusing on changes to docket equalization rules, procedure for getting case transferred back. 01:47 PM September 05, 2008 from twitterrific

My blog just got mentioned for at least the 2nd time at the seminar I'm attending. 1st time was in a PowerPoint. 2nd gave URL. Nice. 01:40 PM September 05, 2008 from twitterrific

3 components: Be an expert, be comprehensible, be credible. Objective approach is more effective. 11:46 AM September 05, 2008 from twitterrific

New presentation re appellate advocacy: Helping the court do its job should be the appellate advocate's primary goal. 11:43 AM September 05, 2008 from twitterrific

When filing mandamus and asking for emergency relief, call clerk and ask about submitting documents electronically in addition to paper. 11:28 AM September 05, 2008 from twitterrific

Mandamus filings & grants haven't increased noticeably, despite predictions after AIU & Prudential. Too early to tell after In re McAllen. 11:24 AM September 05, 2008 from twitterrific

Staff attorney panel: First extensions of briefing deadlines are routinely granted across courts. Accelerated appeals are trickier. 11:21 AM September 05, 2008 from twitterrific

Oral argument: Avoid "with all due respect" and just answer question. Advise client/staff they're on "candid camera" with webcasts. 10:13 AM September 05, 2008 from twitterrific

Panel likes amicus briefs early if they're useful. Best to present "real world" view different from parties' perspective. 10:06 AM September 05, 2008 from twitterrific

Not commenting on merits, but just occurred to me that 3 of 4 TSC justices on panel are up on ethics charges. Weird. 10:02 AM September 05, 2008 from twitterrific

Statutory construction cases, justice turnover in recent years have made Court's job harder, negatively affected output. 09:34 AM September 05, 2008 from twitterrific

TSC Panel: http://twitpic.com/aar1 First question out of the chute, what's up with the backlog? 09:29 AM September 05, 2008 from twitterrific

David Keltner discussing City of Keller v. Wilson. 3 years later, even appellate lawyers don't understand effect on standards of review. 09:04 AM September 05, 2008 from twitterrific

2nd day of appellate seminar has begun. Pam Baron is talking about the TSC docket. With her permission, will post her paper on blog later. 08:43 AM September 05, 2008 from twitterrific

Last topic of the day: Reports on new SBOT Appellate Section website and pro bono efforts. Will blog about the website changes tonight. 04:53 PM September 04, 2008 from twitterrific

In-house counsel: Limited $ explain why amicus briefs aren't filed in more intermediate cases. Must limit to critical issues. 04:28 PM September 04, 2008 from twitterrific

Intermediate appellate courts want to see amicus briefs before oral argument. That's when they're most likely to have impact. 04:19 PM September 04, 2008 from twitterrific

TSC wants amici to target issues affected, historical analysis, not "me too" brief. Can make difference whether case is granted. 04:11 PM September 04, 2008 from twitterrific

Amicus briefing panel based on questionnaire to TX judges. J. O'Neill says amici are more accurately described as "friend of a party." 04:08 PM September 04, 2008 from twitterrific

Reply briefs can be very helpful, drill down to core issues. Justices sometimes read them first. 03:04 PM September 04, 2008 from twitterrific

Oral argument by capable advocate often useful. Otherwise, "it's just 20 minutes off your life." 03:02 PM September 04, 2008 from twitterrific

Many lawyers rehash briefs in argument. More likely granted in statutory construction cases, big records, hot issues not answered by TSC. 02:54 PM September 04, 2008 from twitterrific

Oral arguments: Trend is more being heard, particularly in 13th. Don't hesitate to ask for reconsideration if denied. 02:51 PM September 04, 2008 from twitterrific

Court of Appeals Panel: Brevity, accuracy in briefs appreciated. Put best argument forward. Limit number of issues raised. 02:44 PM September 04, 2008 from twitterrific

Tailoring litigation process through bench trials, master in chancery seen as possible solutions. 02:31 PM September 04, 2008 from twitterrific

Hearing what's left of attacks on arbitration awards after Hall St. v. Mattell. Is FAA exclusive, or are other vacatur grounds still valid? 02:28 PM September 04, 2008 from twitterrific

Scott Rothenberg's ethics presentation: Discussing new ABA opinion on outsourcing. Not sure it's consistent with TX rules. 12:45 PM September 04, 2008 from twitterrific

In-house: Treat billing as client relations opportunity. Communicate, review entries before bills go out. Panel ends. Good presentation. 12:22 PM September 04, 2008 from twitterrific

Clients want to know, what are chances, how long will it take, and how much will it cost? Rule of thumb: add 50% to estimate. 12:18 PM September 04, 2008 from twitterrific

Big-firm lawyer: Wisdom is, best biz developers often have biggest write-offs. 12:12 PM September 04, 2008 from twitterrific

In-house: Appellate lawyers can budget easier than trial lawyers. Universe is defined. Can adjust for unforeseen events. 12:10 PM September 04, 2008 from twitterrific

Discussion of fees & retainers. Solo works on contingency, gets ownership in cause of action. Reverse-contingent fees trickier to collect. 12:08 PM September 04, 2008 from twitterrific

In-house counsel emphasizes that go-to appellate counsel should deliver value, regardless of rate. Instill confidence, but be honest. 11:49 AM September 04, 2008 from twitterrific

Panelists agree major issue is setting client expectations. What is a "win"? Show client you care. 11:44 AM September 04, 2008 from twitterrific

Panel presentation on client relations. Panelists include in-house, solo, small firm, and big firm lawyers. Good cross-section. 11:41 AM September 04, 2008 from twitterrific

Just ran into fellow LexBlogger Jeff Rambin of the Tyler Appeals blog. Good to compare notes face to face. 10:49 AM September 04, 2008 from twitterrific

Not surprisingly, Tex Sup Ct's newly released decisions have been hot topic among first 3 speakers. 10:21 AM September 04, 2008 from twitterrific

Advanced Appellate Seminar under way. House is packed. Still strange not to see Justice Baker on the front row. 09:10 AM September 04, 2008 from twitterrific

If you've read this entire post, I'd like your feedback.  What do you think?  Should I do this again?

Update:  Here is a list of lawyer-Twitterers, courtesy of Susan Cartier Liebel at Build a Solo Practice, LLC.  I'll definitely be following some of these folks.

Further Update:  Adrian Lurssen of JDScoop will be updating the list here.

• Email This
• Print
• Comments (2)
• Trackbacks (2)

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.

• Email This
• Print
• Comments
• Trackbacks

Armed with my new iPhone 3G, I'm going to conduct a little social media experiment and "live Twitter" from the Advanced Civil Appellate Practice Course tomorrow and Friday.  If you're interested, follow the discussion at http://twitter.com/dtoddsmith.

• Email This
• Print
• Comments
• Trackbacks (1)

As the Texas Supreme Court returns from its summer break, the Court has posted its calendar in a new format on its official website.  The new version is vastly improved from the old Word and PDF documents previously available, as it is much easier on the eyes and provides more detailed information about the events listed.  For example, clicking on an "Oral Arguments" entry brings up a list of cases being argued that day.  This upgrade will be an even better resource for Court watchers (you know who you are), casual observers, and everyone in-between.

Source:  Blake Hawthorne, Clerk, Supreme Court of Texas.
 

• Email This
• Print
• Comments
• Trackbacks

Between vacations and a very full workload, I haven’t been blogging all that much over the summer. Nevertheless, I got a call last week from a reporter at law360.com who saw my posts on webcasting court proceedings and wanted to interview me for an article she was writing.  The article, quoting yours truly, appears here.

The article discusses live webcasting as a trend among state supreme courts, naming "Kentucky, Ohio, Illinois, Massachusetts, Texas, West Virginia, New Jersey, North Dakota, Maryland and Florida are among the states that webcast oral arguments, sometimes teaming up with a local law school to do it."  Federal courts—um, not so much.

While I like to think of the Texas Supreme Court (with help from St. Mary's Law School) as a pioneer in this area, it apparently doesn't get the "I was here first" award.  According to the law360.com article, the Florida Supreme Court "has been webcasting its oral arguments, and even broadcasting them on cable TV, since 1997."

• Email This
• Print
• Comments
• Trackbacks (1)

Even before the Texas Supreme Court began live webcasting oral arguments and archiving recent arguments last year (previously discussed here and here), the Court had ditched its old system of recording oral argument on audio cassette tapes.  Digital audio files from oral arguments dating back to 2004 are available through the Oral Argument Audio link on the Court's website.  Now, two new projects are continuing the Court's transition into the digital age.

First, the clerk's office is in the process of converting all the old oral argument cassettes to digital .mp3 files and making them available via the same link.  The Court used to charge for copies of oral argument tapes, but decided to preserve the arguments by converting them into digital files and to make them available to the public for free.  Audio of all oral arguments going back to 1989 will be available soon, and when complete, the project is expected to reach back to at least 1985.

Clerk Blake Hawthorne does not believe that any other state supreme court has made oral argument recordings dating back that far available on the web.  The Court's total expenditure on this project has been minimal (about $400) thanks to a cooperative agreement with Thomson West, who loaned the equipment necessary to convert the audio cassettes to digital files.  

Thomson West is also involved in the second project.  In exchange for providing transcripts of oral arguments dating back to January 2000—which will be available for free on the Court's website—Thomson West will be able to use video from the Court's oral arguments in a new service that will allow subscribers to search oral argument transcripts just as they do any other document.  The transcript search results will be linked to the oral argument video, so subscribers will effectively be able to search the oral argument video for words or phrases.

Anyone who reads this blog knows I'm a big proponent of technology, and digitization is an important way of preserving information that otherwise could be lost to history.  The Court and the clerk's office should be commended for these efforts.

Source:  Blake Hawthorne, Clerk, Supreme Court of Texas.  The Supreme Court of Texas Blog has also commented on these developments.

• Email This
• Print
• Comments
• Trackbacks (2)

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.

• Email This
• Print
• Comments
• Trackbacks

If something looks too good to be true, it probably is.  So it goes with the notion that the Fourth Court of Appeals would begin regularly webcasting oral arguments through the St. Mary's Law School web site.

According to the Tex Parte Blog, the Fourth Court will hear two cases tomorrow on the St. Mary's campus.  The St. Mary's courtroom is set up for live webcasting, but the court's regular home at the Cadena-Reeves Justice Center is not.  No wonder we didn't see any official announcement.

Webcasting an intermediate court of appeals argument is still a good thing.  It just needs to be done on a wider and more regular basis.

• Email This
• Print
• Comments
• Trackbacks (1)

Although I haven't seen an official announcement (or any publicity whatsoever), it looks as if the Fourth Court of Appeals will begin webcasting oral arguments through the St. Mary's University web site on March 5, 2008.

The Fourth Court would be the logical choice for expanding the webcasting program, considering that St. Mary's (also in San Antonio) provided all of the equipment and funding for the Texas Supreme Court pilot (previously discussed here, here, and here) and is presumably doing so again.  Until the Legislature appropriates the necessary monies or more Texas law schools step up, we can expect the other 13 intermediate appellate courts and the Court of Criminal Appeals to stay blacked out.

3/4/08 Update:  Sadly, it was too good to be true.

• Email This
• Print
• Comments
• Trackbacks

As a follow up to this post on the status of e-filing in the Texas appellate courts, the Third Court of Appeals is now accepting electronic courtesy copies.  The court is also asking (but not requiring) the party responsible for requesting or filing the record and briefs to submit e-copies of such documents on a CD or DVD in searchable PDF format.  For specific guidelines, see the "Electronic Filing" link on the court's web site.

I haven't surveyed the otherintermediate appellate courts, but if they aren't doing thisalready, they certainly should follow the Third Court's lead.

• Email This
• Print
• Comments (3)
• Trackbacks

Following up on this post, about 300 Texas lawyers have petitioned the Court of Criminal Appeals to adopt a rule permitting the e-filing of petitions, motions, and other documents in death penalty cases.  (UPDATE:  Per this news report, the CCA has agreed to allow e-mail filingfor emergency motions in death penalty cases and other "extraordinary matters.")

As mentioned here, the Texas Supreme Court allows parties to e-mail documents in emergency situations, although it doesn't consider them filed until it receives paper copies.  Change is on the horizon, however, as the state legislature appropriated $2.3 million in the current budget cycle for the State Office of Court Administration to start working on the Texas Appeals Management and E-Filing System.  As with anything government-related, it won't happen quickly, but it will happen.

(Hat tip to the Tex Parte Blog.)

• Email This
• Print
• Comments (1)
• Trackbacks

Austin Lawyer Chuck Herring is circulating a petition to be submitted to the Court of Criminal Appeals (download PDF here), along with the following message:

RE: Rule-Making Petition To Permit E-Filing in Death Penalty Cases

You may have seen the extensive press reports concerning the recent actions of Presiding Judge Sharon Keller of the Texas Court of Criminal Appeals.  In a death-penalty case (Richard), she allegedly refused to permit Mr. Richards lawyers to file papers after 5:00 p.m. on the very day when he was scheduled to be executed.  The lawyers computer had crashed, and they asked for only a twenty minute extension of time to permit the filing which ordinarily the Court grants routinely in death penalty cases when execution is imminent.  On that same day the United States Supreme Court had granted certiorari review on the same point that Mr. Richards's lawyers attempted to raise on his behalf concerning the constitutionality of lethal injection.  Thus, almost certainly a stay of execution would have been granted if Judge Keller had permitted the filing.  She also concealed her unilateral ruling from other judges on the Court, some of whom have publicly criticized her conduct.  As a result, Mr. Richard was executed at 6:00 p.m.on a day when he should have lived.

The press has reported that some twenty prominent Texas lawyers—including a former Bar president and various law professors—have filed a judicial disciplinary complaint against Judge Keller.  Press coverage and editorials across Texas, the country, and even in other nations, have condemned both Judge Keller's actions and the Texas system of justice. . . .

The Richard case dramatizes a glaring deficiency in the Courts procedures:  the Court does not permit e-filing (filing by electronic means).  Many courts and agencies, of course, permit e-filing.  Some require e-filing.  If the Court of Criminal Appeals had permitted e-filing in the Richard case, his lawyers would have been able to file the papers even by the 5:00 p.m. deadline that Judge Keller unilaterally imposed.

Therefore, to help avoid a recurrence of such a tragic, unnecessary execution, lawyers across Texas are joining together to petition the Court to adopt a rule to permit e-filings in death-penalty cases.

Please take a moment to review, sign, and return the attached petition, so that we can help avoid another similar malfunction of justice—and please circulate this petition to other attorneys who may be willing to sign the petition.

Please mail or email (pdf) completed petitions for delivery by Wednesday, October 24th, to:

Chuck Herring
Herring & Irwin, L.L.P.
1105 W. 12^th Street
Austin, Texas 78703
email: cherring@herring-irwin.com

• Email This
• Print
• Comments (1)
• Trackbacks

I don't practice criminal appellate law, and I don't ordinarily follow the the Texas Court of Criminal Appeals, but even I notice when the CCA makes front-page news for the wrong reasons.

In case you haven't heard, the media is lambasting the CCA (more specifically, Presiding Judge Sharon Keller) for refusing to keep the clerk's office open past 5:00 to accept a last-minute filing in a death penalty appeal.  Earlier the same day, the U.S. Supreme Court granted certiorari in a Kentucky case challenging lethal injections as cruel and unusual punishment, and Texas death row inmate Michael Richard was scheduled to die by lethal injection that evening.  The media coverage provides the details, but because of Presiding Judge Keller's decision, the Richard execution went forward without the possibility of court intervention on potentially meritorious grounds.

The Texas Supreme Court doesn't make life-or-death decisions, and it is receiving its share of negative press these days.  But one of the things that court does right is allow electronic or after-hours submissions (with an advance call to the clerk's office, as apparently occurred in the Richard case) to get emergencies in front of the Court when its decisions can still make a difference.  One would think that if a civil court can accommodate litigants when money is the only thing at stake, a criminal court could do the same in matters of life and death.

• Email This
• Print
• Comments (2)
• Trackbacks

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.

• Email This
• Print
• Comments (1)
• Trackbacks

Authoritative enough for the Fifth Circuit, apparently.  Last week, in Exxon Mobil Corp. v. Commissioner (note 1), a circuit panel cited the online encyclopedia for its definition of the accounting term "accrue."  (Hat tip to Appellate Law &Practice.)

Are internet-savvy clerks are showing their influence?  Should the Fifth Circuit rely on a wiki of uncertain authorship to define a term of art?

• Email This
• Print
• Comments (1)
• Trackbacks

Haynes & Boone's Mark Trachtenberg has an editorial in today's Houston Chronicle praising the Texas Supreme Court webcasts previously covered here and here.  Mark thinks the move to webcasting was wise because it makes the Court's business more transparent and will help educate folks about how our court system works. 

Here's hoping Mark's piece gets picked up in other media markets.  Its message is worth passing around.

• Email This
• Print
• Comments
• Trackbacks (2)

With this morning's live webcast of arguments before the Texas Supreme Court, a new era in Texas appellate practice has begun.  I was able to access the webcast and view the arguments without any problem.  The video feed—which has a certain "Court TV" look—appears on the left side of the screen, flanked by a brief summary of the case being argued.  A schedule of upcoming arguments, along with links to electronic briefs and summaries for each, appears on the main webcast page.

Bravo!

• Email This
• Print
• Comments
• Trackbacks (1)

In a joint project, the Supreme Court of Texas and St. Mary's University School of Law will begin live Internet video streaming of the Court's oral arguments March 20.

"This represents not only a great service to lawyers around Texas, but an educational opportunity for law students, colleges, high schools and the public at large," said Chief Justice Wallace B. Jefferson.  "Broadcasting these arguments over the Web will enable anyone, anywhere to see how an appellate court grapples with some of the toughest legal issues our state confronts."

"We will shed light about how the Supreme Court decides its cases, whether to counter the misimpression that an appellate argument is like Perry Mason in front of nine judges or to dispel myths about how justices on the Court decide cases."

Internet broadcast of oral arguments will be available through either the Court's Web site or the St. Mary's law school site.  The video arguments will be available in archives at the law school Web site.

Webcasting oral arguments represents a partnership between St. Mary's and the Court working through the Office of Court Administration, which provides technological support for courts across Texas.  The Supreme Court courtroom has been equipped with five remote cameras, updated audio equipment and improved lighting.

Bill Piatt, the dean of St. Mary's law school, suggested the collaboration last year in a meeting with Justice Paul W. Green, a St. Mary's law alumnus.  "We are honored that the Court is allowing us to assist in making these important proceedings accessible to the public over the Internet," Dean Piatt said.

"The Court's initiative in bringing oral arguments to the people will greatly improve the understanding of the Court's work, thereby enhancing the administration of justice in this state."  Justice Green added that the webcasts also offer a benefit to lawyers who might be preparing for their first argument before the Court, enabling them to watch the Court in action before actually appearing for arguments, and to learn about its procedures and traditions.

Bruce Hermes, technology director for the Office of Court Administration who managed the project implementation, said initial webcasts will be monitored to determine the demand.  "We are set up for 300 simultaneous viewers," Hermes said.  "After the first couple of months, we will review it to see if that meets demand."

Chief Justice Jefferson said that, with the Legislature's additional financial support, which he is seeking this session, the St. Mary's webcasting project will rival the best in the nation.  "Together, with St. Mary's on this venture and with the Legislature's support on other initiatives, we hope to bring the justice system closer to people."

The Court has issued a policy, pending revision of Texas Rule of Appellate Procedure 14, allowing attorneys by motion to the Court to opt out of webcasting a particular argument.

Source for post:  Osler McCarthy, Texas Supreme Court Staff Attorney for Public Information.

• Email This
• Print
• Comments
• Trackbacks (1)

Short on time to edit a brief?  Looking for a way to help catch passive voice in your writing?  If you are a Microsoft Word user, I've got just the trick for you. 

In the Grammar Settings dialog box (Tools / Options / Spelling & Grammar), select grammar and style instead of grammar only.  With that change, Word will alert you when it locates passive voice, just as it highlights sentence fragments and misspellings.  There are several other items you can customize.

Thanks to Susan McDonald and Lynn Gaertner-Johnson for the tip.

• Email This
• Print
• Comments
• Trackbacks

Yesterday's post at the Texas Law Blog has reinvigorated my interest in the "Small Is the New Big" discussion emanating from Seth Godin's original blog post and book by that title.  Other bloggers have discussed this concept in great detail, but the thumbnail version is that technology and a commitment to more personal service are allowing small businesses (including law firms) to compete with the corporate giants.  As a sole practitioner and former BigLaw attorney, I find this idea fascinating.

Extending the concept further, the Virtual Lawyer recently predicted a future in which "there will be big firms and small firms, but few in the middle.  "If that holds true, what will it mean for my practice?  Hopefully, in addition to validating my current career path, it will present an opportunity to work with an even broader network of lawyers than I do now.

• Email This
• Print
• Comments (2)
• Trackbacks

Since opening my practice, I have tried to take advantage of technology whenever possible.  One of the best developments has been the advent of electronic court filing.  Sitting at my desk, I can e-file a document for less than what it would cost to have a hard copy delivered to the Travis County Courthouse a few blocks away.  This is a powerful tool for fairly computer-literate practitioners looking to streamline their office procedures and capitalize on new technology as a means of becoming more efficient.

I recently filed an appeal from a Dallas County judgment using my e-filing service, which provides near-immediate electronic confirmation that the clerk has received and accepted the filing.  In the old days, I would have sent the initial appeal papers by regular or overnight mail and waited a few days before receiving a file-stamped copy as confirmation.  As with other forms of technology, e-filing is helping to break down geographic barriers in the practice of law.

Unfortunately, both federal and state appellate courts have been slow to meet this trend.  While they have developed very helpful web sites that make orders and opinions available online and through e-mail notification, parties cannot yet file appellate briefs electronically.  The Texas Supreme Court has made strides by posting briefs and oral arguments on its site.  More work is needed to make e-filing in appellate courts a reality.

• Email This
• Print
• Comments (2)
• Trackbacks

The Texas Supreme Court's web site has been updated to mirror the new court of appeals sites, which received facelifts last fall.  The Court's new home page includes a tasteful photograph of the justices in the courtroom and too many helpful links to mention.  Give it a look!

• Email This
• Print
• Comments
• Trackbacks

Welcome to the Texas Appellate Law Blog!  For those of you who have followed my previous ventures into the blogosphere, Reversible Error (geared toward my personal experience transitioning from mega-firm lawyer to sole practitioner) and Court of Appeals Update (providing summaries of significant civil decisions from the Third Court of Appeals in Austin), my idea to re-tool and improve those projects sort of took on a life of its own, resulting in what you are reading now.  Since no one else seems to be publishing a general-interest blog about Texas civil appellate practice, I figured, why not me?

I am committed to developing this blog and making it a resource for appellate practioners, both the purposeful (like me) and the accidental (who should consider calling someone like me).  But I am starting to doubt whether I can do that and maintain two other blogs (one of which requires a considerable time investment in reading and summarizing cases).  Oh, and I also need to make a living practicing my craft.

So, I'm going to experiment with blending all of my ideas together in this format.  My more personal posts will involve practice management issues, and my case-related postswhile still focused largely on the Third Courtwill not go into quite as much detail as before.  Most likely, this blog will supersede the others entirely.

Please send me your ideas and comments, and I will do my best to post about them. I will also consider guest posts, if anyone is so inclined.  Thanks for visiting, and Happy New Year!

D. Todd Smith
Austin, Texas
Board Certified, Civil Appellate Law
Texas Board of Legal Specialization

• Email This
• Print
• Comments
• Trackbacks