Hiring a lawyer is never an easy thing to do. Knowing which attorney has the right skillset and experience for your needs can be incredibly difficult to figure out. But it gets even trickier when you need whistleblower lawyers, as the sensitive nature of these claims requires a level of tact, foresight and knowledge of the False Claims Act and the whistleblower program that are not necessary in other practice areas.
Here are six things to keep in mind when you are looking for a whistleblower lawyer who can actually serve your whistleblower law needs.
1. There is No Substitute for Experience
As with nearly all other areas of the law, there is simply no substitute for experience when it comes to representing whistleblowers. The more your lawyer has seen in the past, the better they will be able to predict what is going to happen next in your case and take the appropriate precautions to protect your interests.
When you look for whistleblower attorneys for your own False Claims Act case, be sure to note not just how long a particular lawyer has been in practice; but also how long they have been representing whistleblowers. An attorney who has been in practice for a decade but has spent nine of those years in personal injury cases does not have the same level of experience of an attorney with three years spent exclusively representing whistleblowers.
2. Prior Experience as a Prosecutor or Investigator Matters, Too
More so than with other types of cases, whistleblower claims require the foresight that only comes from an intimate familiarity with how the other parties involved are likely to respond to your actions.
One of the best ways for a lawyer to know what those other parties are going to do is by having a background actually doing it.
Look for a lawyer who represents whistleblowers and who has extensive experience and a proven track record either within the federal government agency that would be getting the evidence in your case or as corporate counsel for a company similar to the one that you are blowing the whistle on. A lawyer with experience in both roles is even better, though harder to come by.
Prior government experience with federal whistleblower laws and False Claims Act litigation is going to give your whistleblower attorney a better understanding of what evidence law enforcement are going to value and what warning flags they are going to be looking for in your conduct. This can drastically increase the odds that the government will intervene on your behalf and issue a whistleblower reward for your work.
Prior corporate experience would give your whistleblower lawyer an awareness of the sorts of conduct that could get you exposed as an informant and doom your case and, potentially, also your professional future.
3. Look at Prior Case Results
The best way to sift through information about a lawyer’s prior experience is by looking at their case results. These speak far louder than claims that they have “decades of experience” in the field.
When investigating a lawyer’s prior representations, recall that not all whistleblower cases are the same. The subject matter and the government agency involved can drastically change a case. When reviewing prior case results, look for cases where they have successfully represented clients with needs that are similar to your own, like those involving:
If a lawyer or whistleblower law firm has significant experience representing whistleblowers, but doesn't typically represent whistleblowers in your field, you might want to look elsewhere.
4. Whistleblower Cases Require a Substantial Amount of Resources
Another thing that sets whistleblower cases apart from others is the amount of time and resources that they can consume. You need a lawyer and law firm that can handle it.
As Dr. Nick Oberheiden, the founding partner of the national law firm Oberheiden P.C. and a leading whistleblower lawyer at the firm, says, “Generally, whistleblower cases have two stages. First, there is the part where you try to persuade the government to intervene on your behalf. In most cases, that intervention is the goal of blowing the whistle on the misconduct you have found, so making an extremely strong case for it is essential. However, should the government decide to sit this one out, you still need to be prepared to pursue the case on your own. This will take even more time and resources from the law firm representing you.”
Many small firms crumble under this pressure. The clients that they represent are often left exposed – as vulnerable as they were before, but now also unable to put together a good case.
5. Your Needs in These Cases are Unique and Very Sensitive
Whistleblowers occupy a unique place in the legal system, often gathering evidence about misconduct from within the organization doing it. They are in an incredibly vulnerable spot, and a single misstep can lead to them losing their access to information and evidence, as well as their job.
You need a lawyer who appreciates how delicate this position can be, and does everything necessary to ensure that your interests are protected throughout the process. Ask them what measures they will take to see to it that you are not left exposed.
6. Look at the Reviews for the Lawyer or Firm
Finally, the experience that other, similar clients have had with a lawyer can speak volumes about the quality of the legal representation that you can expect.
While doing this, one thing to note is whether the number of reviews is commensurate with the depth of experience that the lawyer claims to have in representing whistleblowers: Very experienced lawyers should have lots of reviews.
Read both the good ones and the bad ones, though you should always read with a critical mind. It is not uncommon for clients to be unsatisfied with an outcome that they are not aware was actually much better than expected. It is also not uncommon for negative reviews to be left for poor reasons, like if a client does not agree with a lawyer’s refusal to represent them.
Conclusion
Deciding which lawyer or law firm is never easy, but it is especially tricky when you need one to represent you as you blow the whistle on misconduct. By using these keys to selecting one, you can significantly increase the odds that you find one that matches your needs and that can drastically improve your chances of achieving a successful outcome.
