Elana Einhorn

Elana Einhorn is an appellate lawyer with over thirteen years of experience and an extensive background working with Texas judges. Between 1989 and 2002, Elana clerked and worked with three Texas Supreme Court Justices, including Justice Hankinson, and a federal district judge. By virtue of this unique background, Elana has a deep understanding of the Texas judicial system and of Texas appellate courts in particular. She knows what judges are looking for, the kinds of arguments that they find most persuasive, and how to organize and frame legal issues for maximum impact. Elana uses all of this know-how on behalf of her clients, working closely with them to present the strongest, most cogent arguments possible.

Over the years, Elana has learned that both form and substance are critically important in the appellate process. A stickler for detail, Elana also appreciates the importance of the big picture. For this reason, each argument she presents stands alone on its own merit, but contributes to the strength of the briefing as a whole. Elana is also sensitive to an appellate court's concern with setting precedent, and combines factual analysis and legal argument together with applicable policy considerations in her briefing.

Elana brings her unique background and expertise to a variety of roles. She primarily works on appeals that are brought to the firm after trials have been completed. In other cases she works closely with trial counsel, providing guidance on potential appellate issues as the case is prepared for trial, and also handles or assists in related trial and post-trial proceedings.

Elana graduated with Honors and Order of the Coif from The University of Texas School of Law in 1989. She was a judicial clerk for the Honorable Nathan L. Hecht of the Texas Supreme Court, as well as the Honorable Edward C. Prado, Federal District Judge for the Western District of Texas. She later served as a staff attorney to the Honorable John Cornyn and the Honorable Deborah G. Hankinson, both Justices on the Texas Supreme Court. Elana received her B.A. in English, with High Honors, from Florida International University in 1986.

Elana is a member of the State Bar of Texas and has been Board Certified in Civil Appellate Law in Texas since 1998. She is currently a member of the Civil Appellate Specialization Exam Committee. She is a member of the Austin Bar Association, and serves on the Council of the Civil Appellate Section. She is also a member of the Bar Association of the Fifth Federal Circuit and the Travis County Women Lawyers' Association.

Publications:
Elana has co-authored a host of papers for continuing legal education seminars in areas that include discovery and sanctions, evidentiary rules and sufficiency of the evidence, negligence, and construction law. She has written numerous Texas Supreme Court updates as well. She is also the co-author with John Cornyn of Conflicts of Interest C Recent Developments in the Texas Supreme Court. 16 Rev. Litig. 515 (1997), and with David L. Plaut of A Guide to the Local Rules in Texas Federal Courts, 54 Tex. B.J. 604 (1991). She is the author of Chapter 12 in the Use of Restatements and Federal Authority in the Texas Supreme Court Practice Manual 2005.