YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW INVENTING ANNA
When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
What Is a Declaratory Judgment?
According to the Legal Information Institute, a declaratory judgment is a binding judgment that a court issues to form a legal relationship between parties and the parties’ rights regarding a court matter. Prior to this declaration being issued, one party may send a cease and desist letter to the other party. If the recipient of the letter does not comply, the sender may seek a declaratory judgment before filing a lawsuit. However, there are other possibilities that do not involve such letters, which will be discussed shortly.
When is a Declaratory Judgment Applicable?
The key idea to remember is that a declaratory judgment is not appropriate when damages have already occurred. As a rule, states have jurisdiction over most matters that may warrant a declaratory judgment. However, there may be exceptions. Both state and federal courts outline provisions for when declaratory judgments may be necessary.
Courts typically only issue declaratory judgments when there is “actual controversy.” In federal court, the U.S. Code, Title 28, Section 2201 is one source that governs federal declaratory judgments. The other source is the Federal Rules of Civil Procedure, Rule 57. States have their own rules outlining when declaratory judgments may be used. Not all disputes, especially business-related disputes, can be resolved by a declaratory judgment. Courts think about the potential outcomes when they consider requests for declaratory judgments.
When a litigant requires direction from the court before taking a necessary action, and the court’s direction will help the litigant avoid insecurity or uncertainty, a declaratory judgment may be warranted. However, the situation still must be considered an actual controversy. If rights have been violated, and clear damages have already been suffered, a declaratory judgment is not ideal. An attorney may recommend a lawsuit for such a situation.
Understanding Actual Controversy
Any party can argue that a dispute is an actual controversy. However, not all disputes adequately present the need for a declaratory judgment. Even if the dispute presents clear grounds for a lawsuit, it may still not meet criteria for being an actual controversy. Since there are so many different facets to every dispute, it is difficult to provide a clear definition of what a court may consider an actual controversy. When disputes reach antagonistic claims with strong opposition on both sides, and there is an urgent matter that must be resolved, the court may recognize the development of a controversy. In such a situation, a court may consider issuing a declaratory judgment if one or both sides want to avoid violating the rights of the opposing side.
Entities often seek a declaratory judgment preemptively to avoid violating another party’s rights. For example, a party that is developing a product that it knows another competitor will file a patent infringement suit for, but is unsure if it will actually constitute infringement, may seek a declaratory judgment before releasing the product. In this way, the declaratory judgment effectively prevents an actual lawsuit by making a determination if infringement exists, and the party can use the decision to direct its choices.
Every case is considered individually. To determine if there is actual controversy, it is essential to work with an attorney who knows how to identify reasons for a declaratory judgment and how to articulate relevant facts to a court.
How an Attorney Helps
Think of a declaratory judgment like turning on car lights at night to see better instead of guessing and driving off the road, crashing into someone and having to deal with much bigger problems. If you suspect that an existing dispute or a potential dispute may lead to legal damages or infringement of another party’s rights, an attorney can help you determine if a declaratory judgment may be right for your situation. Also, an attorney can handle the legal paperwork to seek one if it is warranted for your situation.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
