AD&T lawyers collectively have authored over 100 book chapters, bar journal articles, and seminar papers. Links to selected representative writings are provided below.
TEXAS SUPREME COURT »
- The Ultimate Petition for Review - Douglas W. Alexander
Doug interviewed Texas Supreme Court justices, staff, and prominent practitioners for this article, recognized as the definitive guide to petition for review and mandamus practice. - Supreme Court Internal Operating Procedures - Douglas W. Alexander
- Supreme Court Briefing Trends - Robert Dubose
This landmark paper is a unique statistical survey of the stylistic choices that advocates are making in briefs to the Texas Supreme Court. - Writing a Persuasive Supreme Court Brief - Kevin Dubose
A chapter in the 2005 Texas Supreme Court Practice Manual providing an overview of how to write persuasive briefs for the Texas Supreme Court. - Writing a Good Supreme Court Brief on the Merits - Kevin Dubose
This paper provides both an overview of effective writing techniques and strategic considerations in drafting a brief on the merits in the Texas Supreme Court, and also a step-by-step approach for putting together a brief on the merits.
FIFTH CIRCUIT AND FEDERAL COURTS »
- Fifth Circuit Practice---the Ultimate Guide - Dana Livingston
This paper is considered to be the most comprehensive guide to practice before the Fifth Circuit, synthesizing all the applicable rules with practice tips based on knowledge of the inner workings of the court, the court's unwritten internal procedures, and years of experience practicing before the court. - Interlocutory Appeals and Mandamus in Federal Court - Dana Livingston
Want appellate review in federal court but don't have a final judgment? Dana Livingston explains the various avenues for interlocutory appeal and mandamus in federal court. - If It's Broke, Fix It! - Roger D. Townsend
A handy guide for curing unusual problems involving the record in federal court.
REPRESENTING CORPORATIONS IN LITIGATION »
- Managing Complex Litigation - Roger Townsend
In this article from the American Corporate Counsel Association's Docket, Roger Townsend and his co-author provide a checklist of steps for corporate counsel facing complex litigation, foremost of which is a recommendation to retain a case manager at the outset. - Appellate Practice from the Corporate Perspective - Roger D. Townsend
Roger Townsend discusses the unique issues facing corporations on appeal.
EFFECTIVE USE OF APPELLATE COUNSEL»
- Ten Practical Tips for Making Your Case Appealable (or, How Not to Lose Your Appeal at Trial and When to Call in the Cavalry) – Susan Vance and Alex Albright
Practical tips to help litigation counsel better plan for an appeal, preserve the record, and effectively use appellate counsel before, during, and after trial.
BRIEF WRITING AND RESEARCH»
- Appellate Brief Writing - Robert Dubose
Based on Robert's experience of teaching appellate brief writing to law school students and practicing attorneys for more than a decade, this paper highlights the most important tools to make appellate briefs easer to read and more persuasive. - A Functional Approach to Footnotes in Briefs and Opinions - Roger D. Townsend
Braving to enter the debate about what to put in footnotes in briefs, Roger Townsend explains why the perspectives may differ. - Brief Writing: Advanced Techniques for Writing a Statement of Facts - Roger D. Townsend
Except for the advent of computerized abstracting of records, this older paper is still relevant for the nuances of drafting a statement of facts in an appellate brief. - Carts and Horses, or Circles and Spirals: Ramblings and Ruminations on Legal Research - Roger D. Townsend
Roger Townsend give advanced advice about how to make legal research more efficient. - Brief-Writing: The Appellee's Perspective - Roger D. Townsend
The comprehensive guide to preparing an appellee's brief. - Writing for the 21st Century Reader - Robert Dubose
As judges begin reading from screens instead of papers, studies show that their reading patterns will change. This paper draws from a number of studies about computer-reading habits to suggest new techniques for writing legal arguments.
ORAL ARGUMENT »
- Oral Argument - Kevin Dubose
Kevin Dubose was asked to write the chapter on Oral Argument in the 1993 version(2nd ed.) of the Texas Appellate Practice Manual. This basic primer still provides a useful overview to the oral argument process. - Oral Argument on Appeal: Go Forth and Sin, Sin, Sin, 22 The Appellate Advocate 20 (Fall 2009) - Roger Townsend
This paper explores the drastic changes in oral argument since the legendary John W. Davis promulgated his “Ten Commandments of Appellate Advocacy.”
APPELLATE ADVOCACY »
- A Court-Centered Approach to Appellate Advocacy - Kevin Dubose
This paper describes a sea-change in the authors’ approach to appellate advocacy, from a view of advocacy as an advocate-centered performance that attempts to manipulate the court and hide the ball and reach a desired result by any means necessary to a court centered approach that recognizes what the court needs out of the process and engages in a frank discussion aimed at helping the court. - Appellate Advocacy - Whose World Is It?, 51 For the Defense 52 (Nov. 2009) - Roger Townsend, Amy Warr, and Anna Baker
This paper explores the tensions between appellate counsel’s approach to briefing and argument and the client’s desires.
OVERTURNING JURY VERDICTS »
- Special Considerations in Appealing Jury Verdicts - Roger D. Townsend
Until recently, the hardest thing anyone could do as a lawyer was to try to overturn a jury verdict on appeal. This article gives tips on improving the odds.
STATUTORY CONSTRUCTION »
- Models of Statutory Interpretation Applied to Your Daily Practice - Hon. Adele O. Hedges and Roger D. Townsend, State Bar of Texas, Advanced Civil Appellate Practice Course 2007
A Chief Justice and Roger Townsend join forces to contrast different models used by courts and advocates to try to divine what statutes mean.
PRESERVATION OF ERROR »
- Preservation of Error: Post-Trial Motions - Kevin Dubose
Post trial motions are an important part of the appellate process, and the motions described in the Texas Rules of Civil Procedure are often misunderstood and mis-used by counsel. Many Texas lawyers still turn to this landmark 1992 article to understand how these motions are supposed to work. - Preserving Reversible Error in Texas: The Art of Cultivating Clairvoyance - Roger D. Townsend
A short primer on preserving complaints for appeal during trial. - Ten Practical Tips for Making Your Case Appealable (or, How Not to Lose Your Appeal at Trial and When to Call in the Cavalry) – Susan Vance and Alex Albright
Practical tips to help litigation counsel better plan for an appeal, preserve the record, and effectively use appellate counsel before, during, and after trial.
ETHICS AND PROFESSIONALISM »
- Improper Jury Argument and Professionalism: Rethinking Standard Fire v. Reese - Roger Townsend
A plea to the Supreme Court of Texas to revisit an old precedent in an effort to limit prejudice and restore professionalism to the legal system. - "Fitness" to Practice Appellate Law - Kevin Dubose
Interested in becoming a better lawyer? Then become a better person who happens also to be a lawyer. Kevin Dubose offers advice on putting law and life into a balanced perspective in order to improve both. - Ethical Conduct on Appeal: It’s What’s Expected - Kevin Dubose
A discussion of the heightened expectations of professionalism in the appellate courts, and an explanation of why ethical conduct is not only the right thing to do, but is expected by the appellate courts. - Ethical Issues for Appellate Lawyers Dealing with Trial Lawyers - Roger D. Townsend
Pitfalls to avoid when the trial lawyer retains the appellate lawyer.
POST-JUDGMENT INTEREST »
- HB 4: Post Judgment Interest Subject to Appeal - Jennifer R. Josephson
The leading paper on the difficult question whether the tort-reform changes to postjudgment interest rules applied to pending appeals.
ASSERTING WAIVER ON APPEAL »
- Briefing Preservation Issues and Preserving Issues in Briefs - Roger D. Townsend
Strategic advice for when to assert waiver on appeal.