Criminal Litigation

Ekstrand & Ekstrand LLP represents individuals and corporations in all aspects of criminal matters, at all levels – citations, misdemeanors, and felonies, from representing witnesses and targets in initial investigations, to grand jury investigations, to criminal trials and parallel civil proceedings. The Firm has a reputation for zealously defending its clients. The cornerstone of the Firm’s reputation is its exhaustive factual investigations and creative legal approaches. Thorough preparation at the earliest stages of a case can sometimes prevent a client from being criminally charged or an investigation from becoming public. When a case does go to trial, the Firm employs all of its energies to achieving complete victory. This unparalleled emphasis on winning is what sets us apart, and is what brings clients who can settle for nothing less than complete victory.

 

Civil Litigation

In keeping with its reputation for excellence in trial work, Ekstrand & Ekstrand represents a number of individual and corporate clients in a variety of types of civil litigation. At the outset of our representation, we first seek to acquire or defend temporary emergency relief pending the resolution of the case. The Firm does not prepare its cases for settlement; we prepare our cases for trial. We believe that the way to obtain the best possible settlement is to convince the adversary that we will achieve total victory at trial. Convincing the adversary that defeat is inevitable requires the development of all available evidence and witness testimony for trial. The Firm understands that acquiring and preserving evidence and witness testimony is paramount, and we begin the work of “developing the case” as soon as we assume any representation. Our litigation strategy is simple: overwhelm the fact-finder with evidence. In our view, the greatest failure for an advocate is a failure to discover some evidence that would prove a fact favorable to our case. So we leave no stone unturned. In our Firm, there is no excuse for not knowing our case better than our adversary.

The Firm does not specialize in any specific domain of litigation. In recent years, the Firm has focused litigating civil rights actions to vindicate deprivations of constitutional rights at the hands of law enforcement, forensic labs, universities, and others who abuse the power of the state. Notable cases include McFadyen, et al. v. Duke University, et al.; Swick v. Town of Chapel Hill, et al; and Washington v. City of Durham, et al.

 

Education Law

The Firm stands as one of the only in the state practicing Education Law. This area of law includes two focuses: Special Education and Disciplinary Proceedings.

  • Special Education The Firm represents children, through their parents or guardians, in special education cases. The Firm has successfully vindicated the rights of disabled children in schools through enforcement of the Individuals with Disabilities in Education Act, the Rehabilitation Act, and the Americans with Disabilities Act. This includes the development, implementation, and modification of IEPs and behavior plans. We have pursued claims for reimbursement of educational expenses incurred by parents to assist their child in overcoming learning disabilities, and defending against schools’ attempts to place disabled children in unduly restrictive educational settings or schools’ refusal to provide a free and appropriate education.
  • Disciplinary Proceedings The Firm represents students involved in school disciplinary proceedings. This includes preventing or challenging punishments such as suspensions and expulsions, filing appeals, and preserving a student’s educational record. The firm has represented students of all ages and backgrounds from preschool through graduate school. We have found that our early involvement can be critical to avoiding these proceedings or minimizing any impact on the student’s record.