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