Choosing the best whistleblower lawyer to represent you is one of the most important decisions you will make. It’s essential to find an experienced and successful attorney who can navigate the complexities of your whistleblower claim.
While the internet can be a helpful tool for choosing the best whistleblower attorney for you, it is also a landscape full of potential pitfalls. You should be aware that some websites misrepresent a law firm’s experience and success, and others that appear to be law firms are actually referral services. By understanding the key characteristics of a reputable and experienced whistleblower law firm, you can make a confident and informed decision.
How to choose the best whistleblower lawyer
Here are some factors to consider when choosing a whistleblower lawyer, whether it’s for a qui tam case or a whistleblower submission with the US Securities and Exchange Commission, the Commodity Futures Trading Commission or the IRS.
1. Proven experience with whistleblower cases
Make sure the lawyer has had experience and success with the kind of whistleblower case you have (such as success with “qui tam” whistleblower cases or SEC whistleblower submissions). Some law firms’ websites claim that the firms have won large cases but fail to mention that the cases were not actually whistleblower cases. Ask for specific examples of the firm’s success.
2. The lawyer’s area of expertise
Some lawyers and law firms have websites designed to make it appear the firm specializes in representing whistleblowers, but their experience is actually in other areas. Whistleblower laws, such as the False Claims Act and the Dodd-Frank whistleblower programs, are complicated, and a misinterpretation of their provisions could be harmful to your case.
3. Verifying a firm’s whistleblower case history
Are the whistleblower cases listed on a law firm’s website ones that the law firm itself actually filed and litigated? Some firms list sample whistleblower cases as if they were their own, when in reality they are not.
Read advice and tips from a whistleblower who helped stop a significant fraud and received a reward.
4. 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. Look on the website for the names of the lawyers or the law firm. If there aren’t any specific attorneys listed, that is a strong indication it’s a referral service – not a law firm. Another red flag is the absence of a physical address on the site. If it is a mailbox number or no specific address is listed, then it’s likely to be a referral service.
5. Experience working with the government (DOJ, SEC, CFTC and IRS)
The chances of winning a qui tam whistleblower lawsuit are much greater if the government joins the case. For whistleblower claims filed with the SEC, CFTC and IRS, the government’s participation is required to pursue a whistleblower case and is entirely up to the relevant agency. Find out what the law firm did in previous whistleblower cases to convince the government to investigate and join the case and what the results were.
6. The law firm’s resources
Whistleblower cases can be very expensive and require a lot of resources. A law firm should have other attorneys available to help with the case if the attention of multiple lawyers is needed at the same time. In addition, there are many out-of-pocket expenses that a law firm should pay for, such as the costs of hiring consultants to do analyses to bolster the whistleblower’s allegations and in certain cases, litigation expenses.
7. Location of the law firm
Lawyers can represent whistleblowers all over the country and world. Attorneys who are considering taking your case should offer to pay your travel costs to meet with them.
Law firms with offices in Washington, D.C. have some advantages, due to the proximity to the headquarters for the US Department of Justice, the SEC, the CFTC and the IRS.
8. Making confident decisions with a client-first lawyer
A reputable law firm should operate with a client-first approach, meaning your needs and interests are at the center of their strategy. This goes beyond just handling the legal aspects of your case; it’s about providing a service that helps you feel comfortable and confident in your decisions. The firm should never pressure you to move forward with a case before you are ready and should prioritize helping you make informed decisions about your future
9. Effective communication during your case
A good lawyer will be approachable and willing to explain intricate legal concepts in plain language. They should also keep you updated on the progress of your case and be responsive to your questions.
FAQs when choosing a whistleblower lawyer
Can a whistleblower lawyer protect my anonymity and confidentiality?
Yes. Under certain whistleblower laws, you may remain anonymous — but only if you file your claim through an attorney. You cannot file anonymously on your own. A whistleblower lawyer ensures your claim is properly filed under seal and that your identity is protected throughout the process.
How much do whistleblower lawyers charge for their services?
Many whistleblower lawyers work on a contingency fee basis, meaning they only get paid a percentage of your award if you win your case. This arrangement allows you to pursue a claim without paying upfront legal fees and aligns the lawyer’s incentives with your success.
When is the best time to hire a whistleblower lawyer?
You should seek a legal consultation as soon as you suspect wrongdoing, ideally before you make a disclosure. Early consultation with an attorney protects your communications with attorney-client privilege and helps you make informed decisions about how to proceed.
Do I need a lawyer for my whistleblower claim?
Legal representation is highly recommended because a lawyer can help you properly prepare your case, navigate the legal system, and ensure that your rights are protected throughout the entire process.
How do I get started with a whistleblower lawyer?
You can initiate the process by scheduling a free, confidential initial consultation. During this meeting, a lawyer will assess the facts of your case and advise you on the next steps, without any obligation.