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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?
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
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™
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