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This is so interesting and something I’ve thought a LOT about because when I moved to NYC I was so surprised that dedicated appellate practice wasn’t much of a thing. Not like in Texas. 1/ https://twitter.com/dtoddsmith/status/1301995975519727623">https://twitter.com/dtoddsmit...
I think the interlocutory appeal statute may have something to do with it, but not bc of the quantity of things appealable—but the specificity. In NYC you can basically do an interlocutory appeal of anything important so they are quite common. 2/
An interlocutory order that “involves some part of the merits;” or “affects a substantial right” can be appealed as of right. Which as you can imagine is basically anything. So the notion of handing it off to an appellate lawyer was a little weird for some. 3/
So I think the fact that it was fairly common made it less “special” in terms of warranting specialized counsel.
And I’ve had cases in other jurisdictions where the appellate bar just isn’t as developed (at least until recent years). 4/
And I’ve had cases in other jurisdictions where the appellate bar just isn’t as developed (at least until recent years). 4/
I’ve come to believe that the unique depth & quality of texas appellate practice is about the people. In the 80s & 90s there were some spectacular lawyers who just said that’s what they want to do. And the happened to be fantastic mentors, so they trained others to do it too. 5/
Nina Cortell in particular, who created a dedicated, top-notch appellate practice group at Haynes and Boone years before it was A Thing. She showed how having a dedicated appellate group added value for firms and clients. And others followed suit over the years 6/
If you look at TX appellate world, everyone knows each other, collaborates, supports that specific community. It’s not just about a shared interest or skill, it’s a culture. 7/
And we also have lots of former judges who have dedicated themselves to the practice, building groups and firms. 8/
So I think there are lots of reasons we have such a well developed appellate community—dedicated civil Supreme Court, many many courts of appeals, etc. That’s all true. 9/
But none is as unique as the people who have built and sustained the wonderful appellate community we have here in the Lone Star State. 10/end
