5 Tips On How to Find a Good Lawyer and Win Your False Claims Act Case.

 

 

1.  Don't try to move forward without a lawyer.
   
   The Federal Government only joins about 120 False Claims Act cases a year, and if you do not present a good legal and factual case, there is very little chance the Government will consider your case over the myriad other cases before them that are well-presented, well-documented and legally-cogent. 
   
    

2.  Don't pay attorney's fees up front.
   
   If a False Claims Act attorney will not take your case on a contingency basis (i.e. for a portion of the recovery), you do not want that attorney.  If no attorney will take your case, you do not want to file a case.
   
   You want a contingency arrangement with an attorney, because you want an attorney who is interested in honestly evaluating your case and winning it in court, not just billing you for time spent and documents filed. 
   
    

3.  Hire an experienced FCA attorney.
   
   You need at attorney who understands how to file a case and knows where to file a case.  You want an attorney who knows the pitfalls of False Claims Act litigation, and how to avoid them.  You want an attorney who understands that the Government is not the enemy, and who also understands how your case can be leveraged and expanded to achieve a maximum impact.  If your attorney is new to the False Claims Act arena, he or she needs to be willing to partner with an experienced FCA lawyer so that mistakes are avoided, since those mistakes are sure to cost you time and money.
   
    

4.  Consider law firms beyond your city and state.
   
   Most large False Claims Act cases are national in scope, dealing with frauds against core government programs and institutions, such as Medicare, Medicaid, the U.S. Department of Agriculture, Department of Defense, Department of Homeland Security, FEMA,  Department of Transportation, etc.  Something that is far more important that where your lawyer resides, is his or her relationship with officials with the U.S. Department of Justice, and those few U.S. Attorney Office's that actually file cases similar to yours.
   
    

5. Check for TAF Membership.
   
   No one covers False Claims Act developments with the same intensity as Taxpayers Against Fraud. Our plaintiffs-only list-serve unites the False Claims Act bar and is a key source of real-time developments in the FCA arena.  When new law is being made, Taxpayers Against Fraud is the organization that steps up to the plate to defend the Act and whistleblower rights.  While TAF cannot provide you with a legal referral, we suggest asking any attorney you are considering hiring whether they are members of Taxpayers Against Fraud.