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5
Tips On How to Find a Good Lawyer
and Win Your False Claims Act Case.
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Don't try to move
forward without a lawyer.
The Federal Government only joins about 100 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.
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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.
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Hire an experienced
False Claims Act 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.
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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.
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Ask for help and
referrals.
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 their 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. Because we are
constantly surveying the field, we have a pretty good idea of who is
winning cases, who is willing to fight for their clients, and who is
capable of investing the resources and time to win a case like
yours. We will not give you the name of just one lawyer to contact;
we will suggest several and ask that you interview them all and see
if you can find one that is a "good fit."

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