Helping Trial Lawyers Navigate the Appellate System

How Not to Handle Oral Argument

I recently promised a little humor, so here you go.

In this video, produced for the Advanced Appellate Seminar put on last week by the State Bar Appellate Section and TexasBarCLE, Houston appellate lawyer David Holman demonstrates a number of things counsel should not do during oral argument.  The video was part of an “ethics intervention” in which Holman’s colleagues Russell Hollenbeck and Daryl Moore expressed concern about Holman’s “ethical lapses.”  Richard Hogan appears as Holman’s opposing counsel in the video, which also features real-life Justices Martha Hill Jamison, Terry Jennings, and Sharon McCally.

Having this kind of material in a statewide CLE program shows why practicing appellate law in Texas is so special.

Within the next few days, I’ll post a similar video addressing motions for rehearing.

D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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