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. Ask for specific examples of the firm's success under the False Claims Act and how much their qui tam cases have recovered.
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.
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 most successful law firm representing whistleblowers in qui tam lawsuits and was recently named by the National Law Journal to its "Hot List" of the top 20 law firms nationwide for plaintiffs' litigation.

Founding partner John R. Phillips is one of the nation's 100 most influential lawyers, according to the National Law Journal, for his pioneering work in representing whistleblowers in False Claims Act cases.

Qui tam cases brought by the firm and our attorneys have returned more than $2 billion to the U.S. Treasury, about one-fourth of the qui tam recoveries nationwide since the law was amended in 1986.

Some of our biggest qui tam cases include two related lawsuits against healthcare giant HCA, which resulted in recoveries totaling $626 million; a whistleblower case against Wall Street investment banking firms, which paid more than $200 million to settle; and a qui tam lawsuit against defense contractor Northrop Grumman, which settled for $111.2 million.

Phillips & Cohen's attorneys work solely on qui tam litigation. 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.