For appeals handled by the USAOs, every appellate brief must be assigned to at least one AUSA or Special AUSA who shall review opposing counsel's brief, the record, and all pertinent legal authority and prepare the government’s brief. USAOs are encouraged when feasible to have a single attorney draft the entirety of an appellate brief.

The appellate brief is the central focus of an appeal. Delegating its preparation to agency counsel, a paralegal, or a law student, without adequate guidance and supervision, may jeopardize the quality of the brief. Without appropriate guidance and supervision, delegation also shifts the initial burden of accuracy to someone who may not be licensed to practice law, who has not taken the government attorney's oath, who will not be able to argue the appeal, and who cannot sign the brief as required by Federal Rule of Appellate Procedure 32(d). This standard does not prohibit all use of agency counsel, paralegals, or law students, but in making judgments about the proper use of agency counsel, paralegals, and law students, the office must consider the competence and experience of the individuals involved, as well as the importance of the case. Any part of a brief that has been drafted by someone who is not an AUSA should be identified for the AUSA supervising appellate matters, another appellate AUSA, or an AUSA with significant appellate experience who will review the brief (the "brief reviewer"), even though the AUSA or Special AUSA who will be signing the brief is fully responsible for the draft that is submitted to the brief reviewer.

If an AUSA believes that confession of error on an issue may be warranted in the appeal, the relevant Department appellate section should be notified as soon as possible, for consultation and to determine whether authorization to confess error on appeal should be sought from the Solicitor General.

[updated July 2018]