Appellate Practice & Procedure

Class #1:

Overview and Tools of the Trade

presented by

D. Todd Smithhttp://texasappellatelawblog.com

for

Solo Practice University™

Today’s Topics

Introduction

Overview of course/review syllabus

Why practice appellate law?

Anatomy of the appellate process

Tools of the trade

Syllabus

Posted in the SPU classroom

Outline of major subjects, but flexibility

Course perspective

Encourage questions during office hours, through official

study group, or through Appellate Discussion Lounge

Syllabus

I. Overview

A. Why Practice Appellate Law?

B. Anatomy of the Appellate Process

II. Tools of the Trade

A. Computer & High Speed Internet Connection

B. Research Databases

C. Reference Materials

D. Legal-Writing Ability

Syllabus

III. How Appellate Lawyers Bring Value at the Trial

Court Level

A. Strategic Planning and Analysis

B. Error Preservation

C. Jury Charge Preparation

D. Motions/Responses and Trial Briefing

IV. Handling an Appeal

A. The Decision to Appeal

B. Preliminary Matters

Syllabus

IV. Handling an Appeal (cont’d)

C. Preparing Briefs

D. Oral Argument

E. The Decision

F. Rehearing

G. Higher Court Review

V. Tips and Strategies for Marketing an Appellate

Practice

Why Practice Appellate Law?

Flexibility: More manageable that most other types of litigation

A fairly regular work schedule is possible

Variety: A specialty with a generalist perspective

Know the system, know the courts

But different substantive issues in every case

Marketability: Busy trial lawyers appreciate you

Potential opportunity in the current legal climate

Anatomy of the Appellate Process

Trial Court Issues Reviewable Order or Judgment

Appeal Perfected; Parties Brief Arguments; Appellate Court Issues Decision

Higher Court Review Possible?

Reviewable Order or Judgment

Appeal Perfected

Parties Brief Arguments

Appellate Court Issues Decision

Higher Court Review?

Tools of the TradeComputer & High Speed Internet Connection

•Depends to some degree on office arrangement

•Laptop offers the most flexibility

•Docking station, external keyboard, monitor, wireless mouse are useful

•Wi-Fi widely available, or consider 3G card

Research Databases•Paid Subscriptions (Lexis or Westlaw)

•Low or No-Cost Alternatives (Loislaw or Casemaker)

Tools of the TradeReference Materials

•For example, O’Connor’s Texas Civil Appeals or West’s Texas Practice

Guide: Civil Appeals

•Check for equivalents in your jurisdiction

Legal-Writing Ability•Beyond the scope of this course, but critical for success in appellate practice

•Multiple resources available to help sharpen and maintain skills

•See the online syllabus and my blog post “Three Steps to Improving Your

Legal Writing” (republished on the classroom page here) for some ideas

Next Time . . .

Appellate Practice & Procedure

Class #2:

How Appellate Lawyers Bring Value

at the Trial Court Level

presented by

D. Todd Smithhttp://texasappellatelawblog.com

for

Solo Practice University™