What to Look for in a Whistleblower Attorney in Dallas

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Whistleblowers in and around Dallas, Texas, who want to take their findings to federal law enforcement and the public should strongly consider hiring a whistleblower lawyer to help them. Not only can whistleblower attorneys help you in your investigation; but they can also ensure that you recover the largest whistleblower reward possible and protect you from workplace retaliation if your access to the incriminating information comes from your job.

Here are several things to look for when considering which whistleblower lawyer or law firm to hire in Dallas.

A Whistleblower Attorney With Familiarity On Your Profession or Field

Possibly the most important thing to know about whistleblower lawyers is that they typically focus on a particular type of whistleblowing case. There are a wide variety of whistleblower cases, and all are based on the profession, field, industry, or subject matter at issue. Just a few examples are cases that involve:

  • Securities or investment fraud
  • Accounting fraud
  • Healthcare fraud
  • False claims for government money
  • Defense contractor fraud
  • Environmental violations
  • Tax fraud or evasion

The subject matter at issue in your case should be the primary influence over which whistleblower lawyer or law firm you end up hiring. If you are blowing the whistle on a company’s violations of environmental laws, then lawyers who represent whistleblowers on accounting fraud are not going to be able to help your case as much as an attorney who regularly represents environmental whistleblowers.

Many whistleblower law firms and attorneys are pretty clear about which areas they tend to focus on. However, some are not. A few details that you can use to figure out if a particular lawyer or law firm will understand the factual nature of your whistleblower claim are:

  • An attorney’s educational background: If the lawyer’s graduate or undergraduate degree is in something related to your field, that is a good sign
  • The lawyer’s prior work history: If an attorney worked in your industry before becoming a whistleblower lawyer, they will have a better understanding of a whistleblower complaint than attorneys who did not
  • Prior case results in your field: Look through the firm’s prior cases with an eye out for false claims act lawsuits or similar cases to your own
  • Online articles that show an understanding of your field: Blog posts or other articles on the firm’s website can give you a sense of how well they understand your field or industry and the federal whistleblower laws

The Resources Necessary to Take Your Whistleblower Claim All the Way

While whistleblower cases generally aim to persuade federal law enforcement and the Securities and Exchange Commission to intervene and take your case over, you need to prepare for the possibility that they will choose to sit your case out. If this happens, you and your law firm will have to step up and perform the investigation that an entire law enforcement agency would have conducted.

Doing so, and doing it with the thoroughness that is required to win your case, will take lots of time and will be done at a considerable financial expense.

You need a law firm that is willing and able to take your claim from start to finish.

That means having a firm that is stocked with numerous whistleblower lawyers and experienced federal government investigators – not just a couple. Many smaller law firms buckle under the pressure of these investigations, and may only represent federal whistleblowers up to the federal agency’s decision to intervene.

It also means having a firm that is financially capable of covering the expenses of a long whistleblower case without making any income from it. These cases often involve paying expert witnesses and covering lots of other expenses, as well. However, most whistleblower firms charge on a contingency fee basis, so they make no revenue unless and until the case earns a whistleblower reward. That resulting financial stress can be too much for smaller firms that do not have numerous other revenue streams coming in.

The Fee and Expense Arrangement of Whistleblower Lawyers

Another thing that whistleblowers should pay attention to is the fee and expense agreement that will be used by the law firm for their case. It can tell you a surprising amount about what you are getting into.

When it comes to your attorneys’ fees, whistleblower cases should generally be paid on contingency. This means you pay nothing out of your pocket. Instead, your lawyers get paid out of the whistleblower reward from the SEC Whistleblower Program or verdict that your case wins and, if your case does not get one, your lawyers do not get paid at all.

If your attorneys’ fee arrangement is anything but on contingency, that can mean that the law firm does not believe that your case is going to recover anything.

When it comes to the expense agreement, the general practice is for the firm to cover those as your case progresses. The idea behind this arrangement is that it is the firm, not the whistleblower, who is more likely to have the assets to cover them. If a law firm is passing the expenses for the case on to you, it should make you wonder whether the firm has the financial strength or resources to effectively handle your case.

Protecting Whistleblowers in the Workplace

Most cases are brought by employees against the company or entity that employs them, or by contractors who provide services to the target of the investigation. Employees and, sometimes to a lesser extent, independent contractors have legal whistleblower protections from workplace retaliation for their whistleblowing actions.

“Unfortunately, many corporations in Dallas have shown a willingness to violate the law and retaliate against workers for blowing the whistle on corporate misconduct or criminality. Your whistleblower law firm should be prepared for this potential outcome, and have skilled and experienced employment lawyers on hand to represent you, invoke your rights, and protect your interests. In many cases, this involves pursuing a civil claim for wrongful termination, which can result in a substantial judgment against your former employer.” – Dr. Nick Oberheiden, whistleblower lawyer and founding partner of the national law firm Oberheiden P.C.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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