State Bar Director Spotlight December 2021
D. Todd Smith
Interview by Eric Quitugua
Photo courtesy of Butler Snow
Hometown: Austin
Position: Attorney at Butler Snow in Austin
Board Member: District 9, Place 1
I’m the only lawyer in my family, so law school wasn’t
something I fell into.
I first thought about becoming a lawyer during my senior year of high
school. A teacher recruited some of us to participate in University
Interscholastic League speech and debate competitions, and my partner
and I wound up making the state tournament in standard debate. That
experience taught me how to argue both sides of an issue, so the
foundation was laid. When I got serious about law school years later, as
I was finishing a master’s degree while working full time, my dad tried
to talk me out of going. Just this once, not following his advice was
the right call.
Getting up to speed quickly on a new substantive area is something I
enjoy,
but I gravitate toward commercial, real estate, and tort cases or those
involving procedural issues. I love parachuting in to help get a case
ready for trial and then guiding trial counsel with the assumption that
one party or the other will appeal. That puts me in a great position to
handle the appeal and gets me involved at a point where I can make a
difference.
If you know what you want to do, don’t let someone else pick your
path.
Bet on yourself and do what it takes to get there. To put this in
context, I decided early on that I wanted to be a Texas appellate
lawyer, and I pursued opportunities that made it happen. When I started
my own appellate boutique, even some close friends doubted I would make
it. Prepare yourself well, and don’t be deterred. Having the right
mindset is everything.
My initial involvement with the State Bar was tied to my desire to
develop as an appellate lawyer.
When I first went into private practice, I joined the Appellate
Section and later got on the editorial board for its quarterly
publication, The Appellate Advocate. From there I worked my way
up to editor and then served on the section’s council. A few years
later, I was appointed to serve on the Pattern Jury Charge Committee for
the commercial volume. Both the Appellate Section and the PJC Committee
provided great opportunities to connect with appellate lawyers and
judges and work on projects important to the bar.
Directors must understand the process the board follows when making
decisions. If you ever wonder why Robert’s Rules of Order
exists, tune in to one of our meetings.
The State Bar board meets on a quarterly basis, and our agendas and
meetings are long. Productive discussion is important and encouraged,
but we have to stay on track to finish our scheduled business. Airing
grievances with questionable connections to the agenda that don’t
advance the discussion is counterproductive and harmful. And personal
attacks have no place.
Like many other things in life, bar membership is largely what you
make of it. The good news is that opportunities to get involved are
abundant.
As a starting point, I would encourage lawyers unsure about what the
State Bar does for them to join and become active in sections relevant
to their practice area. Section and standing committee work is very
rewarding and is one of the best ways to make meaningful connections
within the bar.
We’re facing several critical issues, including the U.S. Court of
Appeals for the 5th Circuit’s McDonald v. Longley decision and
a backlog of jury trials in the wake of the pandemic. But I’d put lawyer
well-being at the top of the list.
The sheer number of lawyers facing addiction and mental-health issues is
staggering. We already have the excellent Texas Lawyers’ Assistance
Program in place, but we need to continue talking about these issues to
break the stigma and encourage lawyers facing these difficulties to seek
help.
The State Bar has weathered the pandemic without any significant
decline in services.
As the world continues to open up, we look forward to more in-person
events, including traditional CLE programs. Rather than fight aspects of
the McDonald decision that didn’t go our way, the board
approved a comprehensive plan for addressing those issues so the State
Bar and its members can move forward. The future will present new
challenges, but the board is well prepared to serve Texas lawyers and
will continue to do so with integrity.
I would encourage lawyers interested in having the board address
specific issues to contact their district representatives.
Although our constituents have many different viewpoints, we want to
understand your concerns. On specific agenda items, the board invites
public comment during our meetings. There’s no better way to weigh in on
an issue you care about than addressing the board
yourself.TBJ
