How to Retain a Good Whistleblower Lawyer?


Finding and hiring a good whistleblower attorney starts with knowing the type of whistleblower case you have. It may fall under the False Claims Act, the SEC or IRS whistleblower programs or some less frequently used statute. In addition, you may have a whistleblower employment retaliation claim. Therefore, it is best to find a whistleblower attorney who is experienced in your particular type of case.

In evaluating a prospective attorney, do not hesitate to ask about his or her professional background. Many whistleblower attorneys are former federal prosecutors (Assistant U.S. Attorneys) or Department of Justice trial attorneys with experience in white collar fraud and False Claims Act prosecutions. Some also have prior government work experience involving SEC or IRS enforcement matters. Still, other attorneys who present themselves as whistleblower lawyers are generalists who represent plaintiffs in various kinds of lawsuits, including those involving personal injuries, employment discrimination, class actions and securities litigation.

It also makes sense to ask about the attorney’s actual experience with your type of case, both in terms of the number cases handled, as well as approaches followed and results obtained. It is important that you should also try to gage the attorney’s practice with respect to cases where the government declines to intervene after conducting its investigation of your allegations. Some lawyers are too reluctant to pursue such cases while others are too eager. Making the right decision on this critical issue often involves a complex balancing of risks and rewards. You most likely want someone who is willing to fight for you when appropriate, but who will also exercises cautious judgment to protect your interests at all times.

Additionally, you should find a whistleblower lawyer that you enjoy working with. Most whistleblower cases last for a number of years, therefore it makes sense to retain an attorney you like and respect. So don’t overlook the human factor.

Whistleblower attorneys typically work on a contingency fee basis. This means that they do not charge an hourly rate as the matter is proceeding, but instead charge a percentage of any funds the client receives from the lawsuit. You need to read the proposed retainer agreement to see if this is true in your case, but many contingency arrangements provide that, under normal circumstances, you only pay the attorney if you win the case.

Lastly, read any proposed retainer carefully. Ask questions if you have them. Consider having an independent attorney review the retainer if you think doing so will help you understand the rights and obligations of both you and the lawyer. Take as much time as you need, bearing in mind however that there is an element of “haste makes waste” in many whistleblower cases. You don’t want to lose a golden opportunity because someone else files a similar case before you, the media publicizes your allegations before your case gets to the court, the statute of limitations has run, or a perfect opportunity to gather evidence is lost.


 Whistleblower Law Team at: Phone: 800-777-0356 Our-email: info@wblteam.com

Confidential Contact

My e-mail address:


 



Show Comments