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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
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Experience:  19+ Years of Legal Practice in the Employment law arena.
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What is the difference between an appeal brief and an appeal

Resolved Question:

What is the difference between an appeal brief and an appeal statement?
Submitted: 2 years ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 2 years ago.
Hi, thanks for your inquiry! I have been practicing appellate law for 17+ years. My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge.



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Now, with regard to your post:

QUESTION: What is the difference between an appeal brief and an appeal statement?



ANSWER: An Appeal Statement is a summary of some of the procedural facts of a case that should include some basic information. See here for this form which will give you a list of what to include).

*(There is also a Statement of the Evidence that typically must be filed if there is no Transcript you can order and file).

An Appeal Brief is your actual legal argument on why the lower court ruling should be overturned - what was legally inadequate by that court.

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You can ask for me directly in the future by starting your post with "To Alexia Esq."

Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.



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Customer: replied 2 years ago.
I am attempting to write an appeal statement for EEOC pro se. I can't find a sample of what that would look like so I have modeled my reponse from a brief. I don't want to write a brief, I want to write a statement. I think your sample has information on it that doesn't apply to me.Do you know what an appeal statement to EEOC would include?
Expert:  AlexiaEsq. replied 2 years ago.
I think you're right, if you are referring to an appeal at the agency level, correct? I.e. you are not even in court at this point?
Customer: replied 2 years ago.
This is still administrative...no court. I would like to see a sample of what an appeal statement would look like and if and how it would differ from a brief.
Expert:  AlexiaEsq. replied 2 years ago.
You are appealing which adjudicating level to which adjudicating level?
Customer: replied 2 years ago.
I have received a Final Agency Decision from the DOI. My appeal to that is going from there to the EEOC, an outside agency.
Expert:  AlexiaEsq. replied 2 years ago.
DOI - Dept. of Interior?
DOI - Dept. of Insurance?
Customer: replied 2 years ago.

I'm sorry. Department of the Interior.

Expert:  AlexiaEsq. replied 2 years ago.
No problem, let me see what I have. I'll be back shortly.
Customer: replied 2 years ago.
Do you need any more information from me?
Expert:  AlexiaEsq. replied 2 years ago.
Hi again,

OK, with regard to your question when applicable to an EEOC matter:

What is the difference between an appeal brief and an appeal statement?

 

OK, typically a Brief is the formal presentation of information in a definitive format - with sections, point headings, etc. A Statement is not a formally defined document, it is typically for those that are not comfortable brief writing (pro se's) so that they are not denied the right to present their argument or position in writing. A statement runs the danger of non-being cohesive or organized in a way that will be present the arguments - since it is more free style. They also tend to be shorter, since they usually eliminated some of the sections in a brief, and they may be prepared by a person who objects to his loss below but doesn't really know the legal basis, if any, for doing so. It is similar to a letter brief or "memorandum" and is more free style (which is why there is no "form").

In addition:
I'm finding no proffered redacted statements from any attorneys (and apparently no pro se's have cared to share. Attorneys tend to use Briefs (we are wordy). It seems you have the suggested brief format. I"m not sure why you'd want to provide a statement, since they tend to be used when you have less to explain and just want to say, "the ruling should be reversed because _____". And this it is, literally, just that, a "statement" without a mandatory format.

But know this, if you do use a Statement rather than brief format, you WANT to provide as much clout as a Brief - you just need not use formal format of a brief. A brief assists the court or other adjudicating entity in that it provides for an organized presentation of everything so what one wants to jump to, they can easily find. A "statement" is typically less so, more like a "letter brief", which is why pro se's prefer it - they may not feel they can organize their arguments into the outline type brief format. Therefore, there is no "format" for a statement beyond making sure you get your facts and arguments in as to why the ruling should be overturned (and hopefully you have law supporting that overturning), what the lower adjudicator did wrong when making his decision. And using the brief format that you indicate you have been using is actually a great way of doing so in terms of putting things in the proper order at least. If you do decide to only submit a statement, you will want it to be short, as it is only a "statement" - if you find you need more, consider a brief so your reader can can be clear on all that you are putting forth.

If I Do come across an unexpected "statement" I will link you to it - but I think it is unlikely for the above reasons (perhaps you will post one to the 'net when you are done and have succeeded - for others?). But using your brief structure to organize your statement is a smart move.

Hope this helps you to know the difference between the two!

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I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq."

Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.



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AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11698
Experience: 19+ Years of Legal Practice in the Employment law arena.
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