Reading a determination letter for appealable error.
A determination letter is a regulated document with mandatory contents. Most respondents read it once, for the outcome. Read properly, against the requirements, it is the map of the appeal.
The required contents.
The rule specifies what a written determination must include: identification of the allegations, a description of the procedural steps taken, findings of fact supporting the determination, conclusions applying the code of conduct to the facts, a statement of and rationale for the result as to each allegation, any disciplinary sanctions and whether remedies will be provided, and the procedures and permissible bases for appeal.
Where letters fall short.
The most common defect is the absence of findings of fact. A letter that summarises what each party said and then announces a conclusion has not made findings and has not applied the policy to them. Others rest on conduct that never appeared in the notice, treat a respondent’s non-participation as corroborative, rely on material the institution declined to produce, or state a standard of proof different from the one the policy adopts. Each of these is visible on the face of the document and each is a procedural ground.
The clock, and what to do with it.
Appeal windows are short - three to ten days is typical - and they run from the date of the letter rather than from when it was read or understood. The deadline is calendared before the letter is analysed. Then the letter is read against the requirements, the defects listed with the specific text at issue, and the appeal drafted around the ground that has both a documented departure and a demonstrable effect on the outcome.
Why you should call us.
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Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
