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Anne Auten, Partner, DLA Piper Rudnick Gray Cary, Chicago [by Regan Morris] Commercial litigator Anne Auten is representing about 6,000 foster children from Nebraska in a federal civil rights suit. LawCrossing speaks with Ms. Auten about the upcoming pro bono case and her career with DLA Piper Rudnick Gray Cary in Chicago.
As a partner and litigator with a large firm,
what I do in commercial practice, but I think
school, said she knew from a young age that
Auten is skilled at trying commercial cases.
the issues are really interesting because a
she wanted to be an attorney. Her father has
But Auten is about to embark on the biggest
lot of what I do is contract or statutory, and
been a real estate attorney with Reed Smith
plaintiff’s case of her career—representing
these are really more constitutional issues of
in Philadelphia for 40 years. Auten’s sister
thousands of foster children from Nebraska.
substantive due process and others.”
is also an attorney, and so are a few of her uncles. Auten said there was no doubt in her
Auten is one of many attorneys involved
mind that she wanted a career in litigation.
in the class action, which alleges the
Although not an expert in foster care, Auten
state of Nebraska endangers children
said she has discovered through Children’s
with an “understaffed, underfunded, and
Rights and other sources that Nebraska
unresponsive” foster care system.
has one of the worst systems in the country
associates to take on pro bono cases and that
for children and that too often, siblings are
it is viewed as a great way to help the less
separated from each other.
fortunate while helping attorneys gain more
The lawsuit was filed September 19 in U.S.
She said DLA Piper encouraged partners and
varied professional experiences.
District Court in Lincoln by Children’s Rights; the Nebraska Appleseed Center for Law in
“We have a claim for right of familial
the Public Interest; and several private law
association as well,” she said. “[We are]
“In my firm, pro bono is very important, and
firms, including DLA Piper.
working toward reuniting [foster children]—if
I think I’ve learned that it’s something that
there is a possibility of that—with biological
really rounds out your practice,” she said.
The case Carson P. v. Heineman alleges
parents and also siblings. Because the kids
“Do great work for your clients, but also have
Nebraska is failing to provide legally
in foster care are very often split up from
a few pro bono things in which you can help
required safety, protection, and basic
their siblings and may go years without ever
individual people that don’t have that power
healthcare services to thousands of abused
being able to see their siblings, it makes
that most of your clients have, and it really
and neglected children in state custody and
their situation much worse.”
rounds you out professionally.”
periods of time without opportunity for a
Because the case has been filed, Auten
Making time for volunteer cases becomes
permanent, loving home.
said there have already been positive
easier the longer you’ve been in practice, she
repercussions, with neighboring states
said. But associates, not just partners, should
examining their own foster care systems.
pursue pro bono cases, perhaps on a smaller
is forcing them to stay in foster care for long
Auten said the case is the biggest plaintiff’s class-action case she has been involved
scale. Auten said attorneys should always put
in and that she normally has been on the
“After we filed our suit, a number of
their clients first and remember the law is a
defense side of such cases. As a partner in
newspapers in Wyoming were running
service industry and good attorneys need to
the litigation department, Auten handles
stories asking if their on foster care system
understand their clients’ businesses in order
class-action consumer fraud and some
would stand up to these tests and should we
to provide excellent service.
insurance work, and she often represents
be looking at our foster care system,” she
officers and directors of companies.
said. “So I think that’s a great impact of the
“If you don’t love it, don’t do it. Being a
lawsuit.”
lawyer is an extremely stressful profession
“I’ve done class-action defense, and I think
that demands a large time commitment,
it’s always good for you as a lawyer to see the
Children’s Rights has filed similar lawsuits in
but it is also one of the most intellectually
other side of a problem,” she said. “It will be
other states.
challenging professions. The personal
interesting. I’ve never represented a class on
sacrifices are worth it because you love what
behalf of a plaintiff in a class action. In that
Auten, a Pennsylvania native who followed
you do, you enjoy the people you work with,
sense, the class-action part of it is similar to
in her father’s footsteps by attending law
and you learn something new every day.”
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