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SECTION B · PROCEDURAL STAGE · B15

The school offered you an advisor. What that means.

The rule requires the institution to provide an advisor if you do not bring one, because someone must conduct cross-examination. That obligation is real and it is not a substitute for counsel - the person appointed is engaged by the institution deciding your case, owes you no privilege, and has usually never cross-examined anyone.
YOU CAN DECLINE AND BRING YOUR OWN
The right is to an advisor of your choice. Accepting the provided advisor is a decision, not a default, and it can be reversed before the hearing.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · THE INSTITUTION-PROVIDED ADVISOR

Every respondent at a postsecondary hearing has an advisor, because the rule requires the school to supply one where the party does not. The question is never whether you have one - it is who, and with what protection.

Why the obligation exists.

The 2020 regulations bar parties from conducting cross-examination personally, and require that it be conducted by the party’s advisor. If a party arrives without one, the institution must provide an advisor, who may be but is not required to be an attorney, to perform that function. The provision exists to make the hearing workable rather than to give respondents representation.

The three structural limits.

The appointed advisor is engaged by the institution deciding the case. Communications with them are not privileged, which matters enormously where a criminal investigation is open, because an unprotected channel is created around the most sensitive facts in the matter. And cross-examination is a trial skill developed over years; a volunteer or staff member performing it for the first time is not doing the same thing a trial lawyer does, whatever their diligence.

If retaining counsel is not possible.

Say so plainly and work with the structure. Use the provided advisor for the hearing function, and shift the weight of the defense into documents you can control: the ten-day evidence response, written objections with dates, itemised evidence requests, and the appeal. Those are written rather than spoken, they can be prepared carefully, and in a process reviewed on the record they carry more weight than anything said in the room.

Why you should call us.

If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.

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.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR SCHOOL’S POLICY AND YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS FREE. Skip reading - just call →
WHAT THE PROVIDED ADVISOR IS
Six characteristics.
None of this reflects on the individual, who is frequently conscientious. It reflects the structure.
CHAR 01
Appointed by the school
Engaged by the institution that will decide the case.
STRUCTURAL
CHAR 02
Need not be a lawyer
The rule does not require it, and most are not.
BY DESIGN
CHAR 03
No privilege
Nothing you tell them is protected from disclosure or subpoena.
THE RISK
CHAR 04
Cross-examination duty
They will conduct the questioning at the hearing regardless of experience.
THE FUNCTION
CHAR 05
No criminal view
They are not assessing what your statements do in a prosecution.
THE BLIND SPOT
CHAR 06
Assigned late
Frequently appointed near the hearing, with little preparation time.
TIMING
If you cannot retain counsel. Use the provided advisor, and compensate by putting everything in writing: the evidence response, objections, and the appeal are documents you can prepare yourself, and they carry more weight than anything said in the room.
MAKING THE CHOICE
Four questions.
Ask these before accepting an appointment.
01Have they conducted a cross-examination?
Ask directly. The answer is usually no, and it is the whole function.
02Is a criminal case possible?
If so, privilege matters and a non-lawyer advisor is an unprotected channel.
03When were they appointed?
Late appointment means no preparation, which is a scheduling objection.
04Can you switch?
Yes, in most policies, up to the hearing. Confirm the deadline in writing.
KEEP READING · THE TITLE IX SET
Where this page hands you off.
No page on this site is a dead end. These are the next questions people ask after this one, in the order they usually ask them.
Todd A. Spodek, Managing Partner
FIG. - THE PRINCIPAL
THE LAWYER THE PRESS CALLS
You've seen the defense on Netflix. This is the firm behind it.

Todd A. Spodek is a second-generation trial lawyer whose defense of Anna Delvey became Netflix's Inventing Anna. He appears on Fox News and CNN as a legal analyst, authored "My Advice to Diddy" in The Spectator, and is quoted by the Associated Press when the biggest federal cases break. The record behind the profile: a complete acquittal in a $26M money-laundering trial, RICO charges carrying a 10-year minimum dismissed, and 6 months on a $12M Ponzi case.

Why this firm.

SPODEK LAW GROUP P.C. · EST. 1976
01
Second generation, since 1976

Thousands of clients across five decades. We have dealt with your issue before.

02
Loyalty to only you

No allegiance to prosecutors or judges. The client is the only constituency.

03
Nationwide, fully online

A complete client portal - documents, invoices, communications - coast to coast.

04
Selective by design

We only take clients we can truly help - and every accepted case gets the whole bench.

THE FIRM FILM · 00:45 · WHO WE ARE
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The Spodek Law Group P.C. bench

The team on your case.

EVERY ACCEPTED CASE GETS THE WHOLE BENCH · 24/7
Meet the bench →
Todd A. Spodek
MANAGING PARTNER
Todd A. Spodek
The Netflix defense · Fox & CNN analyst
Ralph P. Franco, Jr.
ASSOCIATE ATTORNEY
Ralph P. Franco, Jr.
Court appearances · case strategy
Alex Zhik
ASSOCIATE ATTORNEY
Alex Zhik
Criminal defense · client strategy
Jeremy Feigenbaum, working the file
ASSOCIATE ATTORNEY
Jeremy Feigenbaum
Motions · investigations
Claire Banks
ASSOCIATE
Claire Banks
Federal motions · S.D.N.Y. & E.D.N.Y.
Joseph Alter
ASSOCIATE ATTORNEY
Joseph Alter
Trial practice · not guilty on all counts, 2025
RB
OF-COUNSEL
Rajesh Barua
Immigration · removal defense
CL
OF-COUNSEL
Chad Lewin
Los Angeles · 23+ years
50+ years combined
Second generation, since 1976. Selective by design - loyal to only you.
PUT THEM ON YOUR CASE →

How your case unfolds.

THE FULL PROCESS →
01 · TODAY
The consultation

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02
Investigation & evidence

Witnesses, reports, footage, experts - building the record that pokes holes in theirs.

03
Motions, negotiation - or trial

Suppress, dismiss, negotiate from strength. And if trial is the advantage - we are unafraid.

★★★★★VERIFIED CLIENT · FEDERAL CASE · 2022 · VIA GOOGLE REVIEWS
"The best lawyer anyone could ask for. Todd changed our lives."
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FROM THE RECORD · S.D.N.Y. & BEYOND
Acquittal$26M money laundering
DismissedRICO - 10-year mandatory minimum
6 months$12M Ponzi - prosecutors asked for years
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AFTER YOU REACH OUT
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