D. Todd Smith
Office Information
Practice Areas
D. Todd Smith joined Butler Snow after having founded, built, and managed his own successful appellate boutique. Todd has extensive experience representing clients as lead appellate counsel and has briefed and argued multiple cases before the Texas Supreme Court and the United States Court of Appeals for the Fifth Circuit. He also works with trial teams in all phases of civil litigation, often taking 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.
Biography – View PDF Bio
- Associations
- Bar Admissions
- Civic Involvement
- Distinctions
- Education & Honors
- Experience
- In the News
- Papers, Presentations, & Publications
- Recent Blogs
Bar Admissions
- Texas, 1996
- U.S. District Courts
- Texas: Northern, Southern, Eastern, Western
- U.S. Court of Appeals
- 5th Circuit
- 7th Circuit
- 10th Circuit
- U.S. Supreme Court
Civic Involvement
- Westlake Hills Presbyterian Church
- Member, 2008-Present
- Deacon, 2017-2019
- Mobile Loaves and Fishes Volunteer
- Westlake High School Marching Band Volunteer
Distinctions
- Board Certified in Civil Appellate Law, Texas Board of Legal Specialization
- Thomson Reuters Super Lawyers®
- Texas Super Lawyer, Appellate, 2013-2021
- Benchmark Litigation
- Litigation Star, Appellate Law, 2014-2015
- Fifth Circuit Litigation Star, 2013
- Life Fellow, Texas Bar Foundation
- Life Fellow, Austin Bar Foundation
- Fellow, Texas Bar College
Education & Honors
- St. Mary’s University School of Law, J.D., cum laude, 1995
- Editor in Chief, St. Mary’s Law Journal
- Internship, Honorable Emilio M. Garza, U.S. Court of Appeals for the Fifth Circuit
- Phi Delta Phi Honor Fraternity
- John M. Harlan Society
- American Jurisprudence Award, Texas Civil Procedure
- Texas Tech University, M.P.A., 1992
- Pi Alpha Alpha Honor Society
- Texas Christian University, B.S., Criminal Justice, 1989
- Alpha Kappa Delta Honor Society
- Alpha Phi Sigma Honor Society
- Senior Scholar in Criminal Justice
- Austin L. Porterfield Award
- Dean’s List
- Clerkship, Honorable Raul Gonzalez, Supreme Court of Texas, 1995-1997
Experience
- Todd spent his first two years after law school clerking at the Texas Supreme Court, where he learned the value of persuasive, succinct legal writing when combined with thoughtful and credible oral advocacy.
- Following his clerkship, Todd was a member of the litigation and appellate groups at a large international firm. While there, he was trained by renowned practitioners in both areas and tried several litigation and arbitration matters to conclusion. After achieving certification as a specialist in Civil Appellate Law, Todd launched his own firm, where he practiced for the next fifteen years.
- Todd has a long history of bar leadership and service. He sits on the State Bar Board of Directors, is immediate past-chair of the Austin Bar Foundation and is a past-president of the Austin Bar Association. As Austin Bar president, Todd created the Lawyer Well-Being Committee, which aims to educate, support, and connect the Austin legal community to achieve more balanced, mindful, and joyful lives and practices.
In the News
- D. Todd Smith to Present at TexasBarCLE Advanced Civil Appellate Practice Course
- Texas Super Lawyers® Recognizes 4 Butler Snow Attorneys
- Podcast: “Everything After That is Just Production” - Texas Appellate Attorney Todd Smith on Making a Legal Podcast
- Butler Snow Attorneys to Speak at TexasBarCLE Business Disputes Course
- While Others Struggle, Austin's District Courts Have Mastered Remote Trials - Texas Lawyer
- D. Todd Smith to Present at Texas Bar Collections and Creditors’ Rights CLE
- D. Todd Smith to Speak about Lawyer Perfectionism at Austin Bar Panel
- Butler Snow Nabs Appellate Boutique Founder In Austin - Law360
- D. Todd Smith Joins Butler Snow’s Appellate Group
Papers, Presentations, & Publications
- Creator, Producer, and Co-Host, Texas Appellate Law Podcast.
- Creator and Author, Texas Appellate Strategy Blog.
- Guest, "Todd Smith '89 & Jody Sanders '01," Frog for Life Podcast, TCU Alumni Podcast Network, December 17, 2021.
- Presenter, “Ethical Interactions with Clients,” TexasBarCLE, Advanced Civil Appellate Practice Course, December 2, 2021.
- Interviewed, “State Bar Director Spotlight – D. Todd Smith,” State Bar of Texas, December 2021.
- Guest, "What Automated Certificates of Service Mean for Texas Lawyers," State Bar of Texas Podcast, October 7, 2021.
- Author, "Automated Certificates of Service Are Here." Texas Bar Journal, pp. 808-809, October 2021.
- Guest, "“Everything After That is Just Production” – Texas Appellate Attorney Todd Smith on Making a Legal Podcast," Small But Mighty: The Niche Lawyer Podcast, September 2, 2021.
- Presenter, “Attorney’s Fees: Updated Proof Requirements and Legislative Amendments,” TexasBarCLE, Business Disputes Course, September 3, 2021. More...
- Quoted, "While Others Struggle, Austin's District Courts Have Mastered Remote Trials," Texas Lawyer, June 21, 2021.
- Author and Presenter, “Collections During Appeal and Attacking the Negative Net Worth Affidavit,” TexasBarCLE, Collections and Creditors’ Rights Course, May 7, 2021.
- Panelist, "Lawyer Well-Being Virtual Panel Discussion: Dismantling the Myth of Lawyer Perfectionism," Austin Bar Association, February 26, 2021.
- Quoted, "Butler Snow Nabs Appellate Boutique Founder in Austin," Law360, February 8, 2021.
- Presenter, “Eight Common Traps When Seeking Attorney Fees (and How to Avoid Them),” Collin County Solo/Small Firm Section Webinar, January 25, 2021.
- Moderator, “Handling Cases in District Court Under the Second Amended Emergency Order,” Austin Bar Association, May 27, 2020.
- Moderator, “Travis County Civil Courts During the COVID-19 Crisis,” Austin Bar Association, April 14, 2020.
- Presenter, “Tax Stimulus Packages for Law Firms in the Wake of COVID19,” Texas Bar CLE Live Webinar, April 6, 2020.
- Author and Presenter, “Enforcing and Superseding the Judgment,” TexasBarCLE, 36th Annual Litigation Update Institute, January 30, 2020.
Recent Blogs
- Overseeing The Texas Pattern Jury Charges | Judge Dan Hinde
- A Primer on the Texas Bar Disciplinary System | Seana Willing
- Happy Holidays from the Texas Appellate Law Podcast!
- Expanding Pro Bono Appellate Services | Mike Truesdale
- What Lawyers Need to Know About Cybersecurity | Dennis Van Metre
- An Unexpected Path to the Appellate Bench | Justice Rebeca Huddle
- Authenticity and Finding Your Place in the Law | Karen Vladeck
- Building a Library of Law Practice Advice | Jonah Perlin
- Criminal Appeals from the DA's Perspective | Andrew Warthen More...
- Why Lawyers Should Care About Typography | Matthew Butterick
- A Different Kind of Advocacy | Amy & Steve Bresnen
- A Texas Legislative Postmortem | Jerry Bullard
- Extraordinary Writs in Criminal Cases | Michael Falkenberg
- Four Decades of Appellate Practice | Luther Munford
- How to Attack a Negative Net Worth Affidavit, Part II: A Case Study
- Extending into Other Media
- How to Attack a Negative Net-Worth Affidavit, Part I: The Procedure
- Technology and the Future of Law Practice | Jake Heller
- Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd
- Automated Certificates of Service Are Here—But Are Traditional Certificates Still Required?
- Virtual Jury Trials Are Here to Stay . . . for Now
- Court of Appeals Reversals from a Criminal Perspective | Jim Huggler
- The Evolution of Legal Publishing | Jason Wilson
- Handling the Texas Supreme Court's Public Information | Osler McCarthy
- From the Trial Bench to the Court of Criminal Appeals | Judge Bert Richardson
- Disruption and Increasing Access to Justice | Chief Justice Bridget McCormack
- Leveraging Technology to Improve Legal Writing | Ross Guberman
- Psycholinguistics and Legal Writing | Judge Robert Bacharach
- Original Proceedings and Emergency Relief in the Courts of Appeals | Kirk Cooper
- Using AI to Improve the Briefing Process | Jacqueline Schafer
- Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell
- Helping the Court Decide Your Case | Justice April Farris
- Nontraditional Paths to a Career in Appellate Law | Mia Lorick
- Appellate Practice Perspectives: Criminal Defense | Naomi Howard
- Why Judges Should Be on Social Media | Judge Stephen Dillard
- Perfecting the Remote Jury Trial | Judge Karin Crump
- Paths to Texas Judicial Selection Reform | Chief Justice Tom Phillips
- Promoting Diversity in Appellate Practice | Juvaria Khan
- Building Credibility as an Appellate Advocate | Rachel Stinson
- Appellate Practice Perspectives: Representing the State | John Messinger
- A Trial Lawyer's Perspective on Appellate Practice | Carlos Soltero
- Training the Next Generation of Appellate Lawyers | M.C. Sungaila
- A Red River Crossover | Gabe Bass & Jana Knott
- Tips and Traps When Recovering Appellate Attorney Fees
- Prelude to the 87th Texas Legislature | Jerry Bullard
- Deconstructing a Virtual Jury Trial | Judge Roy Ferguson
- From the Texas Supreme Court to the Fifth Circuit | Judge Don Willett
- Appellate Practice Perspectives: Private Civil Firms | Reagan Simpson
- Effective Storytelling in Appellate Briefs | Jason Steed
- Appellate Blogging and Solo Practice | Howard Bashman
- Litigating Issues Under State Constitutions | Judge Jeffrey Sutton
- Well-Being Strategies for the Pandemic and the Holidays | Chris Ritter
- Lessons Learned from Online Court Proceedings | Beth Thornburg
- From Appellate Lawyer to Trial Judge | Judge Dustin Howell
- Teaching and Learning Legal Research and Writing | Beth Wilensky
- Planting Seeds in Amicus Practice | Carl Cecere
- What Is the Deadline for Filing a Mandamus Petition?
- How to Get a Supersedeas Bond | Daniel Huckabay
- From Appellate Lawyer to Appellate Justice: The Road to the Fifth Court of Appeals | Justice John Browning
- Helping Courts Interpret Statutes | Daniel Olds
- A Peek Into Life on the Fifth Circuit Bench | Judge Gregg Costa
- Clerking at the Texas Court of Criminal Appeals and the Texas Supreme Court | Marshall Bowen
- Trailblazing in the Rio Grande Valley | Justice Gina Benavides
- Appeals, Jury Trials, and the Texas Constitution | Bill Chriss
- Ruminations on a Career in Appellate Judging | Justice Paul Green
- The TCPA’s Impact on Civil Appellate Practice | Amanda Taylor
- Rethinking Your Role in the Legal Industry | Mike Whelan
- Working with Trial Counsel: The Dynamic Between Trial Lawyers and Appellate Lawyers
- Understanding the Texas Standards for Appellate Conduct | Kevin Dubose
- Briefing Beyond Words | Mark Trachtenberg
- Appellate Review in Family Law Cases | Michelle O'Neil
- Proper Advocacy in the Texas Supreme Court | Justice Brett Busby
- Unlikely Heroes: The Fifth Circuit Four | Dr. Jack Bass
- How to Make Your Written Advocacy Effective | Justice Elizabeth Kerr
- Setting the Appellate Bar in Texas | Kevin Dubose
- Using Checklists When Preserving Error for Appeal | Steve Hayes
- Why Appeals Matter Even When the Odds Are Low
- Discretionary Decisions in the Courts of Appeals | Michael Ritter
- The Second-Wave Virus: Ransomware Attack on the Courts
- Making Appealing Arguments in Federal District Courts | Judge Jeff Brown
- Providing Access to Courts Through Remote Technology in These Uncertain Times | David Slayton
- Court of Appeals Reversals by the Numbers | Kent Rutter
- Sharing a Page from Lady Lawyer Diaries | Kendyl Hanks & Kristen LaFreniere
- Getting Your iPhone and iPad J.D. | Jeff Richardson
- Getting Wise About Appellate Law, Texas History, and Podcasting | Justice Ken Wise
- Transition from Bench to Practice and Judicial Mental Health | Justice Scott Field
- Zooming into Remote Law Practice | Judge Emily Miskel
- How SCOTX Is Addressing the Coronavirus Pandemic | Blake Hawthorne
- Technology on Appeal, Present and Future | Blake Hawthorne
- SCOTX Petitions for Review and Decision Process | Justice Jeff Boyd
- Notice of Our Appeal (Podcast)
- Can You Cancel a Hearing Unilaterally in Travis County District Court?