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    October 23, 2024

    Pro Bono Spotlight: Erica Holzer

    “I believe that doing pro bono work is a duty that comes with the privilege of being a lawyer. Recognizing the reality that many people cannot afford legal representation and doing our part to address that problem by offering our legal services for free is one of the most direct ways that we can make a difference.”

    The Center for Pro Bono spoke with Erica Holzer, Partner at Maslon LLP, about her recent pro bono victory on behalf of a same-sex couple in a paternity suit with their sperm donor. In the case, the appellate court sided with mothers Julianna and Catherine Sheridan, concluding that the lower court wrongfully denied their motion to dismiss the paternity suit, and that the sperm donor was precluded from bringing a paternity action for the child under Minnesota law.

    What is the background of the case and how did you get involved?

    My clients, the Sheridans, used assisted reproductive technology (ART) to conceive their daughter. The couple used a known sperm donor with the understanding that the donor would be part of the child’s life. People decide to use known sperm donors for a variety of reasons, including wanting the child to have access to genetic and health information. When their daughter was five years old, the Sheridans were served with a paternity action from the donor. They were completely caught off guard and were understandably very scared because they didn’t know what was going to happen.

    The Sheridans worked with a family law attorney to dismiss the paternity action. However, the family court referee denied the motion to dismiss. I knew about the case and offered to handle the appeal pro bono, given my experience in appellate law and my interest in ART law and legal protections for same-sex couples. This was a case of first impression and would have a broad impact on all families who have used sperm or egg donors to conceive children. On appeal, we got a full reversal, and the court of appeals remanded the case, ordering the case to be dismissed with prejudice.

    What did it mean to you to be able to take this case pro bono and succeed?

    I became a lawyer because I wanted to help people. I spend most of my time representing corporate clients in complex litigation, but I am so grateful that my law firm supports attorneys representing individuals who otherwise couldn’t afford legal assistance. I was able to really make a difference in a family’s life. I could see firsthand how destabilizing this was for my clients. Being able to guide them through the process, not just explaining the law and arguments, but also helping them navigate this terrifying experience, was why I became a lawyer in the first place. The Sheridans were thrilled we won the appeal. The court of appeals confirmed that married same-sex couples in Minnesota have the same protections as all other married couples when it comes to determining legal parentage of their children. I feel privileged to have worked on a case will have such a positive impact on LGBTQI+ families.

    Have you taken other pro bono cases?

    I generally always have at least a few pro bono cases open at any given time. They tend to run the gamut of legal areas. The bulk of my pro bono work has been in seeking exoneration for the wrongly convicted, including two fairly high profile case here in Minnesota. I am currently working on a housing appeal where we successfully got my client’s eviction reversed in post-trial motions, and are appealing some remaining issues. In addition, I volunteer at the Appellate Self-Help Clinic at the Minnesota State Law Library, giving advice to people representing themselves on appeal, and have drafted several amicus briefs to the appellate courts on behalf of organizations like the ACLU, the Battered Women’s’ Justice Project, Jewish Community Action, and others.

    What would you tell others about the need for pro bono work in similar cases?

    I believe that doing pro bono work is a duty that comes with the privilege of being a lawyer. Recognizing the reality that many people cannot afford legal representation and doing our part to address that problem by offering our legal services for free is one of the most direct ways that we can make a difference.

    I would encourage all attorneys to say yes more often to pro bono cases. It is some of the most meaningful work we can do.