Filing a qui tam lawsuit under the False Claims Act (FCA) is one way that whistleblowers can help the federal government hold companies accountable for fraud, waste, and abuse. The federal government relies heavily on whistleblowers to expose defense contractor fraud and other False Claims Act violations, and the FCA’s qui tam provisions allows whistleblowers to initiate False Claims Act litigation on the government’s behalf.
While qui tam relators are not required to have legal representation, there are several important ways experienced qui tam whistleblower attorneys can help individuals who are prepared to come forward (or who are thinking about coming forward). As a result, while not legally required, engaging an experienced whistleblower law firm is strongly recommended.
“Qui tam cases under the False Claims Act are complex. With that said, they are also extremely important. Whistleblowers who report fraud, waste, and abuse can play an invaluable role in the government’s never-ending fight to protect taxpayer funds, but it is essential that they file their qui tam claims correctly.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.
Qui tam lawyers generally handle their clients’ whistleblower cases on a contingency-fee basis. However, while qui tam lawyers’ fee arrangements may be similar, there are several additional factors that prospective whistleblowers should consider when choosing a lawyer to represent them. This article provides an overview of these factors as well as an overview of what you can expect when you contact a reputable law firm about filing a whistleblower claim under the False Claims Act.
Key Considerations When Choosing an Attorney for a Qui Tam Whistleblower Lawsuit
Here are seven key considerations when choosing an attorney to help you file a qui tam complaint under the False Claims Act:
Does the Attorney Have Experience Representing Qui Tam Whistleblowers?
Exposing false and fraudulent claims and successfully pursuing qui tam litigation in federal court require experienced legal representation. False Claims Act cases are unique in many respects, so it is important to choose an attorney who has specific experience handling these cases.
An attorney who has significant experience representing whistleblower clients will be able to assess your eligibility to serve as a whistleblower; and, if you decide to file a lawsuit, will be able to help you navigate the legal process confidently and efficiently. An experienced attorney will also be able to clearly explain your legal rights as a whistleblower and take action to protect your whistleblower rights if necessary.
Does the Attorney Have Experience Handling Your Specific Type of Federal Whistleblower Lawsuit?
Fraud, waste, and abuse under federal contracts and programs can take many different forms. The steps involved in establishing liability in whistleblower litigation depend on the specific type of fraud involved, so it is important to choose a lawyer who has experience handling your specific type of case.
While all qui tam lawsuits involve the misappropriation of government funds (or attempted misappropriation of government funds), these lawsuits can involve fraud perpetrated against a wide range of federal agencies. Whether you have information about bank fraud, mortgage fraud, tax fraud, Medicare fraud (or any other form of healthcare fraud), or a government contractor’s submission of false statements in a bid or invoice, it will be important to have a lawyer with relevant experience on your side.
Does the Attorney Have a Proven Track Record of Success in Cases Involving Federal Whistleblower Laws?
If you have information that qualifies you for federal whistleblower protections (and potentially a whistleblower award if the information you provide leads to a successful enforcement action), filing a qui tam lawsuit is just the first step in the process. After filing your lawsuit, you will need to navigate the legal system effectively—working with government attorneys and government investigators as they decide whether to intervene. With this in mind, when choosing an attorney to represent you, you will want to choose an attorney who has a proven track record of success in these cases. It will be important to ensure that you are making informed decisions, and this means that you will want an attorney who has experience protecting whistleblowers throughout the entire process of qui tam litigation.
Does the Attorney (or Do Other Attorneys at the Law Firm) Have Prior Experience Working In the Federal Government?
While not a requirement, it can be extremely helpful if your attorney (or other members of your attorney’s legal team) have prior experience working in the federal government. An attorney who has prior experience handling whistleblower matters at the U.S. Department of Justice (DOJ) will be able to offer important insights on the qui tam litigation process, including insights on how the DOJ makes decisions regarding government intervention. While many whistleblowers have significant experience in private practice, only a fraction of these lawyers have prior experience working with whistleblowers on behalf of the DOJ.
Does the Lawyer Claim to Be the “Best Whistleblower Lawyer”?
No qui tam attorney can ethically claim to be the “best whistleblower lawyer.” So, if you see any lawyers making this representation online, this is a red flag. An attorney who has extensive experience representing qui tam relators will discuss his or her experience with you, answer your questions about filing a whistleblower claim under the False Claims Act, and then encourage you to make your own decision about whether he or she is the right lawyer for you.
Can You Promptly Schedule a Free and Confidential Consultation?
When you need to report fraud, waste, or abuse to the federal government, time is of the essence. The sooner you file a qui tam complaint, the sooner the federal government can launch an investigation and preserve critical evidence before it disappears. Depending on the circumstances, filing quickly could be important for securing your status as a protected qui tam whistleblower as well. With this in mind, it is important that you are able to schedule a free and confidential consultation with a qui tam whistleblower lawyer promptly.
Are You Confident that the Attorney Can Communicate Effectively with the U.S. Department of Justice (DOJ) on Your Behalf?
Finally, when it comes to how to select a qui tam attorney, arguably the most important factor by far is whether you are confident in the attorney’s ability to represent you effectively. You will need to work closely with your lawyer throughout the process, and you will need to be able to rely on your attorney to communicate with the DOJ on your behalf. If you are not confident in your qui tam attorney’s capabilities, this will compromise your representation—and it could compromise the outcome of your whistleblower lawsuit under the False Claims Act.
What To Expect When You Contact a Qui Tam Law Firm About Filing a Whistleblower Lawsuit
Regardless of the qui tam attorney you choose to represent you, you are entitled to certain expectations as a client. With this in mind, here is what you can—and should—expect when you contact a qui tam law firm about filing a whistleblower lawsuit:
- Complete Confidence – Any whistleblower law firm you choose should hold all information you share (including your identity) in complete confidence. No law firm should provide any information you share to the federal government unless you explicitly authorize the firm to do so. If you decide to come forward, your law firm should work with the DOJ to protect your identity to the fullest extent possible.
- No Financial Burden – You should not face any financial burdens as a qui tam whistleblower. As discussed above, your qui tam attorney should represent you on a contingency-fee basis, and your law firm should assume the litigation expenses and other financial risks of pursuing your qui tam lawsuit on your behalf. You should not have to pay any upfront costs or monthly fees; and, if you have to pay any legal fees, they should be deducted from your whistleblower reward if your qui tam lawsuit is successful.
- No Pressure to Come Forward – At no point should you feel pressured to come forward. Choosing whether to serve as a qui tam whistleblower under the False Claims Act is a significant decision, and it is a decision that you should be free to make on your own terms. With that said, you should be able to get the advice you need to feel confident in your decision-making.
- Direct Representation with the Government – You can expect your lawyer to work directly with the U.S. Department of Justice on your behalf. Your lawyer should serve as your liaison with the government, and your lawyer should communicate directly with government attorneys and government investigators during both the investigative and litigation processes.
- Advice and Assistance Throughout the Process – You should expect to receive advice and assistance throughout the entire process as well. This applies to all aspects of your qui tam case—from deciding how much involvement you want to have in the government’s investigation to assisting with securing your whistleblower reward from the DOJ if you become entitled to receive one.
