How to Choose a False Claims Act Attorney

If you have uncovered fraud against the federal government in healthcare billing, defense contracting, or another government program, you may already know that the False Claims Act gives private citizens the right to file suit on the government’s behalf and earn a financial reward. What tends to get less attention is how much the outcome depends on the False Claims Act attorney you hire.

Whistleblower cases are not all alike, and not every attorney is equipped to handle them well. This guide covers what to look for, what to avoid, and what to ask before you sign anything.

Why Your Choice of Attorney Matters More Than Most People Realize

FCA litigation is technically demanding. It requires navigating strict federal pleading rules (such as Federal Rule of Civil Procedure 9(b) for pleading fraud with particularity), coordinating with government investigators, and applying statutes like the Anti-Kickback Statute and the Stark Law. A generalist attorney who occasionally takes whistleblower cases is unlikely to have the depth of experience this work requires.

A qualified False Claims Act attorney will assess your evidence, file your complaint under seal to protect your identity, and actively work with Department of Justice investigators throughout the investigation. An attorney without that experience may cost you your first-to-file advantage, your anonymity, or your recovery.

First-to-file matters: Under the FCA (31 U.S.C. § 3730(b)(5)), only the first relator to file a complaint related to a specific fraud scheme can recover a reward. Filing late, or filing a deficient complaint, can permanently bar your claim.

Key Qualifications to Look For

Before scheduling a consultation with any whistleblower attorney, there are several qualifications worth confirming. These are baseline requirements given the complexity of FCA cases, not optional extras.

A Practice Focused on FCA Work

Prioritize firms whose caseload is built around False Claims Act and qui tam work. An attorney who has handled dozens of FCA cases will understand investigative patterns, agency behavior, and judicial tendencies that a generalist won’t.

A Verifiable Track Record in Qui Tam Cases

A qualified qui tam attorney should be able to speak to past results, even without disclosing client details. Relevant markers include settlements, government interventions, and relator awards. Reviewing how qui tam litigation works before your consultation will help you ask more pointed questions.

Sector-Specific Experience

FCA cases arise across healthcare, pharmaceuticals, defense contracting, financial services, and other industries. Your attorney should have direct experience in the area where the fraud occurred. Medicare and Medicaid cases, for instance, turn on billing code specifics and provider compliance obligations that have little overlap with defense procurement fraud.

Federal Court Experience

Complaints under the FCA are filed in federal district courts. Your FCA attorney should have practical experience in that setting, including discovery, motion practice, and, when cases go that far, trial. Most FCA matters resolve through settlement, but an attorney with genuine trial experience who is willing to litigate non-intervened cases tends to negotiate from a stronger position.

Questions to Ask During Your Consultation

The consultation is your opportunity to evaluate the attorney, not just the reverse. A confident false claims lawyer with real experience will answer these questions directly and without hedging.

• How many FCA or qui tam cases have you handled in the last five years?
• Have you worked on cases in my industry (healthcare, defense, pharma, etc.)?
• What is your read on the strength of my evidence?
• How often do you communicate with clients, and through what channels?
• Is your fee structure contingency-only, or do you charge hourly fees?
• Have you worked directly with DOJ investigators and Assistant U.S. Attorneys (AUSAs) before?
• What is a realistic timeline for a case like mine?
• How will you protect my identity while the complaint is under seal?

Watch how an attorney handles questions about uncertainty. FCA cases involve real risk, and a lawyer who commits to a specific outcome before reviewing your evidence in full is telling you something. Honesty about what is and isn’t predictable is a reasonable thing to expect from the start.

Red Flags Worth Taking Seriously

Knowing what to avoid is as useful as knowing what to seek. Some patterns in attorney consultations are worth walking away from.

Watch Out For These Warning Signs

Guaranteed outcomes, vague answers about FCA-specific experience, pressure to file before your case has been properly evaluated, no written engagement letter, or resistance to explaining the process in plain terms.

General Practice Attorneys Taking FCA Cases on the Side

An attorney whose primary focus is personal injury, employment, or business litigation, but who occasionally handles whistleblower work, is unlikely to be the right fit. FCA cases carry enough procedural and substantive complexity that occasional exposure does not build the working knowledge your case requires.

Vague Answers About Retaliation Protections

The FCA includes specific anti-retaliation provisions under 31 U.S.C. § 3730(h). A seasoned whistleblower attorney should be able to explain clearly what protections apply to your circumstances and what remedies exist if your employer retaliates. Vague or dismissive responses to these questions are worth treating as a warning sign.

Fee Arrangements That Do Not Align With Your Interests

Reputable FCA attorneys typically work on contingency, meaning they are paid only if you recover. Large upfront retainers for qui tam work are unusual. Contingency arrangements keep your attorney’s incentives aligned with yours, because their fee depends on the outcome.

What to Expect From the Attorney-Client Relationship

Understanding how FCA cases unfold helps you judge whether an attorney is handling yours well. A good FCA attorney should walk you through each stage before you commit to working together.

Initial Case Evaluation

Before anything is filed, your attorney will review the evidence you have and assess whether the fraud meets the legal threshold for an FCA claim. This step matters. Cases that rely on secondhand information or publicly available facts can run into the public disclosure bar (31 U.S.C. § 3730(e)(4)), which can defeat a claim before it gets anywhere unless the relator qualifies as an "original source."

Filing Under Seal

Your complaint is filed in federal court under seal, keeping its existence confidential while the government investigates. That investigation can take months or years. During that period, your attorney communicates with the DOJ on your behalf and advises you on what you can and cannot do. False Claims Act attorneys who have worked through this stage many times will manage it more effectively than those who have not.

Government Investigation and the Intervention Decision

The Department of Justice will investigate your allegations and decide whether to intervene, meaning whether to take over the prosecution. Government intervention improves the odds of a successful outcome and generally produces a larger recovery. A skilled qui tam attorney will work to build a compelling case for intervention by maintaining a productive relationship with investigators and presenting evidence clearly.

Settlement or Litigation

Most FCA cases end in settlement. Your attorney will negotiate to maximize the government’s recovery and your share as the relator. Good whistleblower representation means you are kept informed at each stage, consulted on significant decisions, and not left to wonder where your case stands.

Why Experience With the FCA Specifically Matters

The McCabe Law Firm has focused on whistleblower and False Claims Act litigation for years, bringing extensive experience in complex qui tam representation. That focus is deliberate. FCA cases require a different skill set than most litigation: an understanding of how federal agencies investigate, when the government is likely to intervene, and how to structure a complaint that survives the public disclosure bar.

For whistleblowers considering their options, working with a firm whose practice is built around this area means your attorney has seen how these cases develop, what tends to go wrong, and what improves the odds of a meaningful recovery. You can learn more about the firm’s approach to FCA legal insights or review what sets a dedicated False Claims Act attorney apart from a general practitioner.

Making the Final Call

After your consultations, weigh both the substance of what was said and how the conversations felt. You are potentially entering a legal relationship that spans years and involves highly sensitive information. Technical qualifications matter, but so does whether you can communicate openly with this person and trust their judgment under pressure.

Read the engagement letter carefully before signing. Confirm the fee arrangement, the scope of representation, how out-of-pocket costs are handled, and what happens if you and the attorney disagree on strategy. A firm confident in its work will give you a clear letter and time to review it.

Choosing a False Claims Act attorney is not a decision to rush. The time you spend evaluating your options before filing is well spent.

Ready to Talk to an Experienced FCA Attorney?

The McCabe Law Firm represents whistleblowers in Medicare fraud, defense contractor fraud, and False Claims Act cases. Your consultation is confidential, and there is no fee unless we recover for you.

Request a Free Case Evaluation

Frequently Asked Questions

How can a False Claims Act attorney determine whether you have a valid case?

An experienced False Claims Act attorney will evaluate whether the information you possess may constitute a false or fraudulent claim under the Federal False Claims Act (31 U.S.C. § 3729). This typically involves reviewing evidence, identifying potential fraudulent claims involving government funds, and assessing whether the conduct may support a qui tam case.

What percentage of recovered funds can a whistleblower receive?

Under the Federal False Claims Act, eligible whistleblowers (relators) may receive a financial award if the case results in a recovery. In many qui tam lawsuits, whistleblower clients may receive between 15% and 25% if the government intervenes, and between 25% and 30% if the government declines intervention and the relator litigates the case independently (31 U.S.C. § 3730(d)).

What happens if the government declines to intervene in my qui tam case?

If the government declines to participate, the whistleblower may still be able to move forward with the civil lawsuit (31 U.S.C. § 3730(c)(3)). An experienced attorney at The McCabe Law Firm can help evaluate the strength of the case, develop litigation strategy, and determine whether pursuing the matter independently is appropriate. Many successful qui tam suits have proceeded even after the government declines intervention.

Can I face retaliation for reporting fraud against the government?

Yes. Whistleblowers sometimes experience workplace retaliation after reporting suspected fraud. This may include termination, demotion, harassment, or other adverse employment actions. The Federal False Claims Act contains protections for individuals who report fraudulent claims or assist with FCA investigations under 31 U.S.C. § 3730(h), and an attorney can advise on available legal remedies including double back pay plus interest.

Why is experience with government contract fraud important when choosing an FCA attorney?

Government contract fraud cases often involve complex regulations, government contractors, defense contractor agreements, billing requirements, and procurement rules (such as the Federal Acquisition Regulation / FAR and Truth in Negotiations Act / TINA). Attorneys familiar with government contracting matters are often better equipped to identify violations, work with federal prosecutors when appropriate, and build a strong False Claims Act case based on the available evidence.

What should I look for when choosing a False Claims Act attorney?

When selecting legal counsel, consider the attorney’s experience in qui tam litigation. You may also want to evaluate their track record when handling complex civil lawsuits, experience working with federal prosecutors and government agencies, familiarity with assigned judge procedures, and ability to guide whistleblower clients toward the best possible outcome while protecting their rights throughout the process.