For a whistleblower who is considering filing a qui tam lawsuit under the False Claims Act, or a whistleblower claim with the SEC or the IRS, finding and hiring the right attorney can make a big difference to the outcome of the case. However, the vast majority of attorneys have never represented a whistleblower, and do not have experience with navigating these types of laws. So, how do you find the right attorney?
Representation of whistleblowers is such a small niche in the legal world that most of the attorneys who devote their practice to this area have a nationwide practice. Our firm has represented whistleblowers, and filed qui tam cases on their behalf, in more than a dozen different states from coast to coast. So, don’t just look locally – look nationally.
But most importantly, you need to be comfortable with your choice. Consider four factors: Credentials, Experience, Resources, and Commitment.
-
Credentials – As with any technical profession, not all attorneys are equally talented. Credentials matter. Look at where the attorney went to law school, and what the attorney has achieved since graduating.
-
Experience – This is a very technical area of the law, so it’s important to hire an attorney with prior experience in this area.
-
Resources – Whistleblower litigation can be lengthy and expensive, and the defendants are often represented by the biggest, most aggressive law firms in the country. Ask the law firm you are considering whether it has the resources – both the financial stability, and the people – to see your case through to the end.
-
Commitment – Is the firm really committed to your case, or is the firm going to rush to file it, and then do little more, hoping for an easy pay-day down the road?
Most attorneys who represent whistleblowers do so on a contingency fee basis – this means that you don’t pay any money up-front. Instead, if the attorney obtains a recovery for you, then the attorney is paid a percentage of that recovery. Different qui tam law firms may offer different terms, so you should shop around before making your choice.