Guiding employers away from trouble

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Sometimes it’s what an attorney does outside the courtroom that makes the biggest difference.

“We spend a lot of time basically counseling employers on how to stay out of those discrimination and EEOC situations,” said Carmen Couden, who primarily represents employers in court litigation, administrative proceedings and state Equal Employment Opportunity Commission hearings. “Depending on the day, we could spend the whole day counseling or we could spend the whole day in court. Either way, we’re trying to help them get through one way or another.”

Couden said the most challenging aspect of her practice is that so many aspects of business are geared toward employees.

“Anybody can file a charge of discrimination and it has to be investigated and responded to,” said Couden, who recently was promoted to senior counsel.

It’s also frustrating, she said, that companies defending against discrimination can’t recoup legal fees.

“Even when they win,” Couden said, “our clients sort of lose.”

Still, it’s rewarding to help clients find the right path, she said. And Couden appreciates opportunities for pro bono work with the Wisconsin Better Business Bureau and the Milwaukee Bar Association’s Milwaukee Justice Center.

“It’s just another way for me to give back,” she said.