Considerations When Choosing a Federal Whistleblower Lawyer
Here Are 10 Important Factors to Consider When Choosing a Whistleblower Lawyer to Represent You
If you are eligible to file a whistleblower claim with the federal government, it will be important for you to have experienced legal representation. The federal whistleblower process is complex, and there are lots of important decisions that you will need to make as you move forward.
When choosing a federal whistleblower lawyer, there are several important factors to consider. As a prospective whistleblower, your choice of legal representation matters—and it can have a direct impact on the outcome of your case. This includes your ability to secure a whistleblower award.
What to Consider When Choosing a Federal Whistleblower Lawyer
What do you need to consider when choosing a federal whistleblower lawyer? Here are 10 important factors that should guide your decision-making:
1. The Lawyer’s Experience Working with the Federal Government
Lawyers who represent whistleblowers on a regular basis will have extensive experience working with the federal government. This experience is important, as being able to work effectively with the government is essential for helping maximize the government’s chances of pursuing a successful enforcement action. If a lawyer has significant experience helping whistleblowers help the government, this is a good sign that the lawyer will be able to help you as well.
2. The Lawyer’s Experience Working for the Federal Government
Along with considering the lawyer’s experience working with the federal government, it is worth considering the lawyer’s experience working for the federal government as well. A whistleblower lawyer who has prior experience working at the U.S. Department of Justice (DOJ) will be able offer insight into the government’s decision-making process regarding when to open an investigation, when to intervene (in False Claims Act cases), and when to pursue civil or criminal charges in federal court.
3. The Experience of the Lawyer’s Legal Team
Due to the complexity of the federal whistleblower process, it is important not to have just a whistleblower lawyer, but an entire whistleblower law firm on your side. With this in mind, you should feel free to ask about the lawyer’s legal team during your free initial consultation. A team of experienced whistleblower lawyers and legal professionals should be able to provide effective legal representation while also helping ensure that the process is as efficient as possible.
4. Specific Experience with Your Type of Whistleblower Case (i.e., Financial Fraud, Securities Fraud, or Healthcare Fraud)
Federal whistleblower complaints can involve an extremely wide range of allegations. With this in mind, you may want to choose a lawyer who has specific experience with your type of whistleblower case. A lawyer who maintains a broad-based whistleblower practice will likely have experience representing clients in a wide range of cases, while a lawyer who only occasionally represents whistleblowers may not have experience that is directly relevant to the type of case you are prepared to file.
5. Specific Experience with the Federal Law Enforcement Agency You Need to Contact
Choosing a lawyer with relevant experience also means choosing a lawyer who has experience with the specific federal law enforcement agency you need to contact. Federal agencies that accept whistleblower complaints include (but are not limited to):
- Financial Crimes Enforcement Network (FinCEN)
- Internal Revenue Service (IRS)
- U.S. Commodity Futures Trading Commission (CFTC)
- U.S. Consumer Finance Protection Bureau (CFPB)
- U.S. Department of Justice (DOJ)
- U.S. Federal Trade Commission (FTC)
- U.S. Securities and Exchange Commission (SEC)
Many whistleblowers will have multiple legal options regarding which agency (or agencies) to contact, and making informed decisions is critical for maximizing a whistleblower’s chances of securing the government’s participation. Experienced attorneys will be able to assist you with making informed decisions before moving forward with reporting a statutory violation or other wrongdoing on your behalf.
6. Knowledge of U.S. Department of Justice (DOJ) Enforcement Priorities
While the CFTC, SEC, and other federal agencies have the authority to impose administrative and civil penalties when warranted, the DOJ plays a central role in many civil and criminal enforcement actions at the federal level. If you need to file your whistleblower complaint under the False Claims Act, prosecutors at the DOJ will be directly involved in your case in this scenario as well.
With this in mind, knowledge of the DOJ’s enforcement priorities is key. This is another area where choosing a prospective attorney with prior DOJ experience can be helpful.
7. A Client-First Approach to Whistleblower Representation
Beyond considering a prospective attorney’s background and experience, it is also important to consider the attorney’s approach to whistleblower representation. The attorney you choose should take a client-first approach, which means that the focus should be on helping you make an informed decision about whether to come forward. You should not feel pressured to blow the whistle, and you should not feel like you are being rushed into making a decision without all of the information you need.
8. Clear Communication that Promotes Timely and Informed Decision-Making
While you shouldn’t feel rushed to make an uninformed decision, it is also important to keep in mind that timing can be a key factor in federal whistleblower cases. In fact, one of the main potential pitfalls for prospective whistleblowers is waiting too long to take legal action. A lawyer who has extensive experience representing whistleblower clients should be able to clearly communicate what you need to know so that you can make an informed decision about coming forward before it is too late.
9. No Out-of-Pocket Legal Fees or Costs (Contingency Fees Based on Financial Rewards)
Any federal whistleblower lawyer you choose should represent you on a contingency-fee basis. This means that you should not have to pay any legal fees or costs out-of-pocket. With contingency-fee representation, your legal fees and costs will be deducted from your whistleblower award if you receive one. Otherwise, you should not have to pay anything for your legal representation. This should be standard practice for any whistleblower law firm you choose.
10. A Law Firm that You Feel Confident Will Represent You Effectively with Your Best Interests in Mind
Ultimately, you should choose a law firm that you feel confident will represent you effectively with your best interests in mind. Experience and track record are key factors for making this assessment, but these are not the only relevant considerations. If you schedule a free consultation and you do not feel confident in the firm’s capabilities, you should not hesitate to contact another law firm that represents whistleblower clients.
FAQs: Choosing a Federal Whistleblower Lawyer to Represent You
How do I choose the best whistleblower lawyer to represent me?
No lawyer can ethically claim to be the “best,” and this is a subjective decision that is up to you. You should consider the factors we discussed above, and you should decide for yourself whether you feel confident in a lawyer’s (or law firm’s) capabilities. Many firms have whistleblower practices, and you should not hesitate to speak with multiple firms if you do not feel confident after speaking with the first lawyer you choose.
How important is it to choose a lawyer with extensive experience representing federal whistleblowers?
Relevant experience is undoubtedly one of the most important factors when choosing a federal whistleblower lawyer to represent you. These are unique and complex cases, so it is imperative to have a lawyer with extensive relevant experience on your side.
What is involved in serving as a federal whistleblower?
The steps you need to take to serve as a federal whistleblower depend on the specific form of fraud or misconduct you are prepared to disclose. In some cases, whistleblowers will need to report fraudulent schemes by filing a qui tam lawsuit under the False Claims Act. In others, they will need to file a complaint directly with a federal agency like the CFTC, DOJ, or SEC. Once you hire an experienced whistleblower lawyer to represent you, your lawyer will be able to walk you through the steps you need to take based on the specific circumstances of your case.
How does federal law protect whistleblowers?
Federal law entitles whistleblowers to strict confidentiality (and whistleblowers can file anonymously in some cases). Federal law also prohibits employers from retaliating against whistleblowers based on their decision to come forward. In many cases, whistleblowers will be entitled to monetary compensation for their efforts as well.
Do I need to hire a whistleblower lawyer in my state?
No, you do not need to hire a whistleblower lawyer in your state to file a complaint with the federal government. Many whistleblower lawyers (including ours) represent federal whistleblowers nationwide. Rather than focusing on physical location, you should focus on a law firm’s reputation and its lawyers’ experience representing clients in federal whistleblower cases.
Schedule a Free, No-Obligation Consultation with an Experienced Whistleblower Attorney
If you would like to speak with a federal whistleblower lawyer about the possibility of coming forward, we strongly encourage you to get in touch. To schedule a free, no-obligation consultation with an experienced whistleblower attorney, please Call 888-680-1745 or contact us confidentially online today.