Whistleblowers' guide to using the internet to find a qui tam lawyer for a False Claims Act case

Choosing a law firm to represent you in a qui tam (whistleblower) lawsuit will be one of the most important decisions affecting the outcome of your qui tam case. The internet is a good tool for getting information about lawyers. You should be aware, however, that some websites misrepresent law firms' experience and success in the qui tam area. Here are some issues to consider:

1. Success with qui tam (False Claims Act) cases: Make sure the law firm has had experience and success with qui tam cases. Some law firms' websites claim that the firms have won large cases but fail to mention that the cases were not federal False Claims Act (qui tam) cases or that the firm's case was responsible only for a small portion of the recovery. Ask for specific examples of the firm's success under the False Claims Act and how much their client received as a reward. It typically should be 15 percent to 25 percent of the recovery from a qui tam case.
2. Attorneys' experience with whistleblower cases: Does the law firm have a staff of lawyers experienced with representing whistleblowers on qui tam lawsuits? Just as you wouldn't hire a cardiologist to do brain surgery, you wouldn't hire a personal injury lawyer to handle a qui tam case.
3. The law firm's area of expertise: Some law firms have websites designed to make it appear the firm specializes in representing whistleblowers, but their experience is actually in other areas. The False Claims Act is a very complicated law, and a misinterpretation of its provisions could be harmful to your case.
4. Lists of False Claims Act cases: Are the qui tam cases listed on a law firm's website ones that the law firm filed and litigated? Some firms list sample False Claims Act cases as if they were their own, when in reality they are not, or claim credit for the total settlement amount paid by a company, when the firm's case may have been responsible for just a small part of that settlement.
5. Is it a law firm or a referral service: Referral companies have websites that make them look as if they are law firms. Those companies take cases then sell them to law firms willing to pay a fee. Make sure you are hiring the person who actually will work on your qui tam lawsuit.
6. Location: Qui tam lawyers can represent whistleblowers all over the country. Any lawyer who's considering taking your case should offer to pay your travel costs to meet with him or her. Law firms with offices in Washington, D.C. have some advantages, due to the proximity to the U.S. Department of Justice's headquarters, which tends to handle the larger qui tam cases.
7. Experience working with the U.S. Department of Justice: The chances of winning a whistleblower lawsuit are much greater if the government joins it. Find out what the law firm did in previous qui tam cases to convince the government to join its cases and what the results were.
8. The law firm's resources for qui tam lawsuits: False Claims Act cases can be very expensive. There are many out-of-pocket expenses, from the costs of filing papers to hiring consultants to do analyses and substantiate allegations. Oftentimes a qui tam case requires the attention of multiple lawyers at the same time, so there should be other attorneys available to help with the case.

Phillips & Cohen is the nation's most successful law firm representing whistleblowers and one of the few that specializes solely in whistleblower cases. Our attorneys have received many accolades for their work on behalf of whistleblowers, such as:

• "Hot List" of the Top 20 plaintiffs' law firms for 2004, 2007 and 2009 (National Law Journal)
• "Winning Attorney" for 2008 (National Law Journal)
• "500 Leading Lawyers in America" for 2008 and 2009 (Lawdragon)
• "100 Most Influential Lawyers" in the nation three consecutive times (National Law Journal)
• California Lawyer of the Year for 2010.

Qui tam cases brought by our attorneys have resulted in more than $5.3 billion in civil recoveries and related criminal fines. We have set several records for whistleblower cases, just based on our cases alone, including:

• The largest healthcare fraud settlement ever ($1.8 billion -- Pfizer Inc.).
• The largest amount ever paid by a defense contractor in a qui tam case ($325 million -- Northrop Grumman).
• Largest settlement ever paid by a medical lab company for a faulty product ($302 million -- Quest Diagnostics).

Phillips & Cohen's attorneys work solely on cases representing whistleblowers. Most of them have spent the past decade specializing in whistleblower cases. Our qui tam attorneys have represented whistleblowers in 24 states. Phillips & Cohen has its main office in Washington, DC, which enables us to work closely with officials and lawyers at Justice Department's headquarters, where most of the case-planning and decision-making occurs. We also have an office in San Francisco.

Phillips & Cohen is committed to providing whatever resources are necessary to win a qui tam case for its whistleblower clients. To win the settlement with HCA, Phillips & Cohen assembled a litigation team with five other law firms and spent close to $30 million in legal and accounting resources.

If you would like Phillips & Cohen to consider handling your potential qui tam case, please contact us about your case. If you have any questions, please contact msmith@phillipsandcohen.com.