Happy New Year (and Second Birthday Texas Appellate Law Blog)!

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:

Texas Lawyers to Follow on Twitter

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. @mexicolawblogMexican law and news for businesses and investors.
  13. @jackson_walker:  Jackson Walker L.L.P.
  14. @johnsirman:  State Bar of Texas web manager and Texas Bar Journal technology editor.
  15. @martinvisalaw:  Immigration lawyer with more than 11 years experience.
  16. @PaulBKennedy:  DWI and criminal defense lawyer in Houston.
  17. @shannongracey:  Shannon, Gracey, Ratliff & Miller, LLP.
  18. @startuplawyer:  Startup lawyer and blogger.
  19. @statebaroftexas:  Providing an array of services for members and the public.
  20. @tamerabennett:  Copyright, trademark, and entertainment lawyer, among other things.
  21. @TRLA:  Texas RioGrande Legal Aid.
  22. @TheHRLawyer:  San Antonio lawyer handling disputes involving overtime pay, discrimination, wrongful termination, noncompete & separation agreements, and other employment-related issues.
  23. @TomMighell:  All-around tech and collaboration guru.

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

 

 

Flying Solo in Appellate Law

Faculty @ SPU

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.

Microblog Roundup 12/20/08

A sample of my microblog entries thus far in December appears below. To receive all of my updates, follow me on Twitter at at @dtoddsmith.

Thanks to @glambert for including me as nos. 32, 45, 65 & 125 in the "'Must Read' Blog Posts of 2008" at http://is.gd/cv74. A great list.

Texas Lawyer says the intermediate appellate courts are hearing more oral arguments. I link and add a few thoughts at http://is.gd/bYTl.

Yet another appellate law blog closes down, http://is.gd/bHlk. Good reason (entering public service), but I don't like the trend.

WSJ.com picked up my post on the 2010 judicial races in Austin, http://is.gd/bnc2. Always a good feeling.

Reading "Texas Appeals Court Does About-Face in Vioxx Case," http://is.gd/bkqG.

3rd CA Justice Patterson confirms candidacy for district bench, Kurt Kuhn to run for her spot, both in 2010: http://is.gd/bhPI.

New 3rd Court of Appeals Chief Justice Woodie Jones to preside over oral arguments starting January 14, http://is.gd/bdEl.

Hate to see another appellate blogger hanging it up: http://is.gd/b52l. Farewell Appellate Law & Practice. Thanks for the inspiration.

Just filed a motion for new trial in a case in the Rio Grande Valley. Ah, technology!

Reading "How to Build a Better Law Blog," http://is.gd/aGxs. @kevinokeefe quoted.

Had lunch with another Austin appellate lawyer. Enjoyed the visit, even though he's technically a competitor. Keeping up referral sources.

Appellate counsel, wasting the court's time could cost you $6,000, per http://is.gd/a5vc (HT @publicrecords).

Reading "Boutique Firms Well-Positioned in Current Economy," http://is.gd/a23g.

I'm in one of those places where I've been too busy to blog, but able to take 30 seconds to string together 140 characters periodically.

Note to self: If you want to make the ABA Top 100, don't write a blog covering a niche practice area in a specific jurisdiction.

New ABA Blawg 100 is out at http://is.gd/9MeG. Lots of familar names on the list. Only half were repeats from last year. HT @startuplawyer.

After mildly criticizing TexasBarCircle, I've been asked to join the SBOT Web Services Committee, which oversees it. Thanks @johnsirman.

Reading "UT fraternity will get new trial in wrongful death case," http://is.gd/9cLR. Judge John Dietz set default judgment aside.

Signed up two new appeals today, one 5th Circuit and one 13th CA, and I'm not even in the office. Technology is wonderful.

Reading "Boutique firms well-positioned to ride it out," http://is.gd/96Lb.

Texas Supreme Court Orders & Opinions 12/19/08

The Texas Supreme Court issued five new opinions and one supplemental opinion on rehearing with this week's regular orders, its last set for 2008.  The next regular orders will be released on Friday, January 9, 2009.

Osler McCarthy's opinion summaries are available here.

More Oral Arguments?

As I prepare for an oral argument tomorrow, I came across this article from Texas Lawyer reporting that the intermediate appellate courts are granting argument in more cases.  That's welcome news, if it holds up.

The article quotes incoming Third Court Chief Justice Woodie Jones as supporting a default position that the Court should grant oral argument.  I will be watching with interest to see how the numbers change after he assumes the helm next month.

For some of my previous thoughts on oral argument, follow these links:

Texas Supreme Court Orders 12/12/08

After a week filled with oral arguments, the Texas Supreme Court released no new opinions with this week's regular orders.  The Court will be in conference on Monday and Tuesday, so we'll likely see some decisions next Friday.

Let the 2010 Judicial Races Begin!

Shortly after the election, I mentioned having heard rumblings that a sitting justice on the Third Court of Appeals may be leaving.  I haven't brought it up again because I hadn't confirmed it directly with the judge in question, but with this story, the news has been broken.

Congratulations to Kurt Kuhn on declaring his candidacy to replace Justice Jan Patterson (pictured), who has announced her intention to run for the district bench in Travis County.

Now that Kurt has begun the campaign process, I suspect others may be making similar announcements.  The last open-seat race in that court was quite interesting, with both parties fielding several primary candidates.

Chief Justice Jones to Preside Starting January 14

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 Supreme Court Orders & Opinions 12/5/08

The Texas Supreme Court issued four new decisions with this week's orders.  Links to the opinions are available here.

The two signed opinions involved mandamus actions.  (The other two were per curiam opinions on petitions for review.)  I haven't looked at the statistics, but it seems as if the Court has put out more mandamus decisions than usual lately.