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How do I find an attorney to file a False Claims Act case?

Finding the Right Attorney for Your False Claims Act Case

Filing a False Claims Act (FCA) case can seem daunting. The FCA is a complex federal law that allows private citizens, known as “relators,” to file suit on behalf of the government against companies or individuals that have defrauded the government programs. An experienced FCA attorney is crucial to building a strong case. This article provides guidance on finding the right lawyer for your FCA claim.

Understanding the False Claims Act

Enacted during the Civil War to combat fraud by government contractors, the FCA imposes liability on any person or company that knowingly submits false claims to the federal government for payment. Common examples include overbilling Medicare/Medicaid, providing substandard products or services to the government, or improperly avoiding obligations owed to the government.
The FCA allows private citizens with evidence of fraud to file a qui tam lawsuit on behalf of the government. If successful, the whistleblower (relator) may receive 15-30% of the recovery. Since 1986 when Congress strengthened the FCA, recoveries have totaled over $72 billion 1.

Choosing an Attorney Experienced in FCA Litigation

The complexity of FCA litigation means finding an attorney with specific experience in this area is critical. When researching attorneys, look for the following credentials:

  • Extensive FCA case experience – ideally 10+ years handling FCA matters
  • Past success with FCA lawsuits – has secured major settlements or verdicts
  • In-depth knowledge of industry where fraud occurred – healthcare, defense contracting, etc.
  • Part of law firm with resources to take case to trial if needed
  • Works on contingency fee basis – fees come from settlement/judgment

An attorney meeting those criteria will have the background to thoroughly assess your FCA allegations and build a compelling case if warranted.

Finding Candidate Attorneys

Here are some methods to find experienced FCA lawyers to interview:

  • FCA Attorney Directories – Resources like the Taxpayers Against Fraud attorney directory let you search for FCA lawyers by state and expertise area.
  • Plaintiff Referral Services – Some state bar associations have lawyer referral services that may list FCA attorneys.
  • Online Research – Search engines can help uncover FCA attorneys. Use targeted phrases like “False Claims Act lawyer [your state]” and review their credentials.
  • Whistleblower Groups – Connect with nonprofit groups supporting whistleblowers, who often have referrals to specialized attorneys.

Cast a wide net in your search process to ensure you find the best legal representation.

Questions to Ask Prospective Attorneys

When consulting with FCA lawyers, ask these key questions:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • How many years have you handled FCA cases and whistleblower claims?
  • What is your case success record for FCA lawsuits?
  • Are you familiar with the industry where the alleged fraud took place?
  • Does your law firm have the resources to fully investigate my allegations and take this case to trial if needed?
  • What is your fee structure? Do you work on a contingency basis?
  • If I retain you as my attorney, what are the next steps?

Their responses will demonstrate if they have the background and commitment needed for an FCA case.

Understanding the Retention Agreement

If you decide to engage an attorney, make sure to closely review the retention agreement detailing the scope of representation, fee structure, and other terms. Key points to understand:

  • The agreement should state the attorney will represent you on a contingency fee basis, taking a percentage (typically 25-30%) of any settlement or judgment.
  • Understand obligations the attorney has to investigate your allegations and file an FCA lawsuit if warranted.
  • Outline conditions where the attorney may withdraw from the case.
  • Clarify you retain control over key case decisions and settlement agreements.

Having an experienced FCA attorney aligned with your goals is vital to exposing fraud through a qui tam case. Do your due diligence to find the right lawyer for your case. With strong legal representation, you can make an impact combatting false claims and potentially receive a substantial financial award.

References

  1. https://www.justice.gov/opa/pr/false-claims-act-settlements-and-judgments-exceed-2-billion-fiscal-year-2022
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