Switching advisors mid-process.
Respondents frequently start with whoever was available and reconsider once they understand that the advisor conducts cross-examination. That reconsideration is permitted at any point, and it comes with one scheduling problem.
The right is to your choice, at any time.
The regulations give each party the right to an advisor of their choice, who may be but need not be an attorney. Nothing in the rule limits that choice to a single election at the outset. A respondent who named a parent, accepted a school-provided advisor, or engaged someone unfamiliar with campus procedure can change, and the institution has no basis to refuse.
The scheduling problem, which is the real issue.
A new advisor arriving two weeks before a hearing has to read the entire production, chart every account, and build a cross-examination from documents. That takes weeks, not days. Institutions are under no obligation to volunteer an adjournment, so the change-of-advisor notice and the adjournment request belong in the same letter, with a specific period and a stated reason.
Where a refusal helps you.
If the institution refuses to move the hearing and the new advisor is compelled to proceed on compressed preparation, that refusal is documented. A hearing notice too short to prepare cross-examination is a procedural-irregularity argument, and it is considerably stronger when the respondent asked for time in writing and was told no.
Switching for the appeal.
Appellate work is a different skill from hearing advocacy - it is document analysis and record argument rather than live questioning. Changing counsel after a determination is common, permissible, and frequently sensible. The first task for new counsel is obtaining the complete file and the hearing recording, both of which the respondent is entitled to inspect.
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.
