Welcome back to 1910 & Beyond, your regular briefing on the ever-evolving world of appellate law in Houston and beyond. Each post spotlights notable developments from Houston’s two courts of appeals—the First and Fourteenth—as well as from other state and federal appellate courts across Texas and nationwide, while also sharing practical tips on oral and written advocacy. I hope you find these posts useful to your practice and your understanding of what’s happening in Texas appellate law.
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I’m pleased to introduce Questions Presented, a new monthly 1910 & Beyond interview series about the craft of appellate advocacy, viewed from the other side of the bench. In each installment, an appellate judge or justice answers the same ten questions about the path to chambers, what earns an advocate trust on the page, what helps at the lectern, and what lawyers should better understand about the work of appellate judging.
The series takes its inspiration from Howard Bashman’s 20 Questions for the Appellate Judge at How Appealing, adapted here for the courts and advocates covered by 1910 & Beyond.
Our debut guest is Chief Justice Terry Adams of the First Court of Appeals. Chief Justice Adams joined the First Court by appointment in 2020 and was elected to the court in 2022. Before taking the bench, he was a longtime Houston appellate lawyer who led appellate practices at both his own boutique and a national law firm. He is a former Supreme Court of Texas briefing attorney and currently chairs the Council of Texas Chief Justices.
1910: Path to Chambers
The road to law and the experiences that shape a judge.
1. What first drew you to the law, and which parts of your career most shaped the judge you’ve become?
My interest in law was first sparked in about 6th grade. I was interested in our Founding Fathers and I knew that many of them were lawyers. I also had a basic belief that the law was something that was meant to be for the good of all. And I wanted to do something one day that could be a positive difference for others. So, in my mind, being a lawyer was the way to do that. That belief never waned.
The biggest influence on who I am as an appellate court justice, so far, is the year I spent as a briefing attorney for Justice Raul Gonzalez at the Supreme Court of Texas. He instilled in me the importance of faith, hard work, and true judicial service to all. Of deciding every case with impartiality and integrity and according to the law—and not allowing any personal viewpoints or outside influences to get in way.
2. Is there a lesson from a mentor, colleague, or advocate that still influences how you approach cases today?
My predecessor and good friend, former Chief Justice Sherry Radack, told me early on to always remember that I now work for every person who walks into the courthouse. And that every case I work on is the most important case in the world to those parties.
Statement of the Case
How judges read briefs and what earns trust on the page.
3. When you first open a brief, what are you looking for, and what helps you get oriented quickly?
The first thing I do with a new brief is to check to see if it is electronically bookmarked as required by the rules and whether the appendix (or mandamus record) is word searchable.
4. What signals tell you that a brief, and the advocate behind it, can be trusted?
From an initial signaling standpoint, it is always good when the Issues Presented are focused in content and number. It is also a positive sign when the use of “ly” words is minimal and there are no disparaging comments about the opposing party or counsel.
5. When the law or the record is unfavorable, what can counsel do to present the strongest credible argument without overstating the case?
Acknowledge upfront that the law or facts are unfavorable to you and then make your strongest arguments. Being candid with the court enhances your credibility and reflects positively on your brief. The opposite is true when these things are buried at the end of a brief. Not only does that cut against your credibility, it also calls into question the correctness of all your arguments.
At the Lectern
What works in oral argument, what doesn’t, and when it matters.
6. What distinguishes an advocate who merely knows the case from one who knows how to help the court decide it?
The cases that we set for oral argument tend to present novel questions or gray areas in the law. And we are typically interested in how the parties’ positions impact our jurisprudence as a whole. With that as backdrop, oral argument is effective and helpful to us when it is a conversation (directed by the Court) that interweaves the procedural, legal, and factual aspects of the case. And also incorporates how the advocate’s position fits within the existing framework of our jurisprudence.
The former type of advocate tends to be tied to a script and provides answers to questions that simply parrot that script—even when the answer is not responsive to our question.
The latter type of advocate treats oral argument as his or her ticket to conference and embraces it as a conversation to help us decide the case correctly. This advocate tends to provide more responsive answers—especially to hard questions—and still can pivot to the points that he or she wants to make, without taking unreasonable positions.
7. What can oral argument add to the court’s understanding that even an excellent brief often cannot?
For cases involving complicated facts and/or complex transactions or documents, being able to talk through them with counsel at oral argument often provides important context for our decision that even an excellent brief may not convey.
8. When a question from the bench exposes a weakness in counsel’s position, what does a useful answer sound like?
Don’t deflect. Address the question head on and candidly.
& Beyond: Judge to Counsel
Perspective on the court, the craft, and building an appellate career.
9. What do you wish lawyers, appellate or otherwise, better understood about the work of appellate judging?
Lawyers who write appellate briefs have a good appreciation of the time and effort it takes for us to process the entire record, the law, and the 100-plus pages of briefing in each case to decide it correctly and in a timely manner.
There is less of an understanding by the Bar of the large volume of new filed cases that we, and the other the courts of appeals, are now receiving and must decide. The First Court of Appeals, for example, had 877 new cases filed in fiscal year 2022. This fiscal year, which just concluded, we had 1,274 new cases filed. That is an increase of 45% in just four years—and we have the same number of justices and close to the same size staff as before. With five new civil district courts coming online this Fall in Harris County alone, this increased volume of new cases is here to stay.
10. What advice would you offer lawyers who are trying to find their way into appellate practice or beginning to find their footing in the field?
Find a mentor in your firm who is willing to provide you with guidance and opportunities to do appellate work. Network with appellate lawyers outside your firm, over coffee or lunch, and at the HBA Appellate Section luncheons and other events. Also take advantage of the HBA Appellate Section’s pro bono program to get more oral argument opportunities.
Red Light
My many thanks to Chief Justice Adams for joining me for the debut of Questions Presented. I’m looking forward to continuing these conversations with appellate judges from Texas and beyond. If you’re a judge who’d like to take part in a future installment, I’d be very glad to hear from you.
To everyone reading and subscribing, thank you. If you haven’t subscribed, I hope you’ll consider joining us. It’s free, and sharing 1910 & Beyond with another appellate-minded reader is always appreciated.
Until next time, have a great week!
Thank you to my law firm, Hicks Johnson PLLC, for its support of 1910 & Beyond. Hicks Johnson is a premier trial and appellate boutique with offices in Houston and Chicago, known for delivering successful outcomes in high-stakes, complex litigation. We provide superior results for clients by combining elite legal talent and real courtroom experience with cutting-edge technology and strategic client collaboration.