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How Do I Find a Good False Claims Act Lawyer?

False Claims Act Lawyer

False Claims Act LawyerFederal False Claims Act claims are among the most complex legal claims. They stretch across multiple substantive areas of the law. They also have more procedural steps to take than a standard legal claim. All attorneys are technically qualified to work in every area of the law. However, the False Claims Act lawyer you choose can make or break your claim. There are a few things you may want to consider looking for in a False Claims Act lawyer.

Experience in a Specific Field

The False Claims Act covers many different types of fraud. This includes Medicare and Medicaid, disaster relief funds, defense contracting, and more. An attorney will need to be able to show that specific laws relevant to the industry were violated. Therefore, they will need to be familiar enough with the industry to know what evidence to look for and how to get it. An attorney with extensive experience in financial services industry may not know how to analyze medical billing records and build a strong Medicare fraud case.

Experience Working With the Government

All qui tam litigation under the False Claims Act must be reviewed by the Department of Justice. In many cases, the DOJ will take over the litigation. As a matter of legal procedure, all information that a whistleblower has must be turned over to the Government. However, it helps to ensure that the Government can pursue the case successfully. Hence, it can be helpful to have an attorney who knows how to present the potentially thousands of pages of documents in a way that highlights the most important information and makes the job of an overworked Government attorney easier.

Ability to Back Litigation

Lawsuits can easily have tens or hundreds of thousands of dollars in filing fees. There are also costs of obtaining and reproducing costs, travel expenses for witnesses, and deposition fees. Often, a large firm may be able to cover these fees pending a court order that the defendant reimburse them. However, a small firm may not have the financial resources to proceed. Additionally, a small firm attorney may not be able to provide enough attention to the case if they need to continue to take other cases to pay their daily bills.

A Track Record of Success

Past results are never a guaranteed of future success. However, they are one possible indicator that an attorney has the knowledge and experience to handle a similar claim. An attorney with a lengthy track record has already likely made and learned from the mistakes that a less experienced attorney might make that could damage or delay a case.

To speak with an experienced False Claims Act lawyer, contact the Bothwell Law Group today.

Legal Aspects of the Protection for Whistleblowers

protection for whistleblowers

protection for whistleblowersIf you are aware of fraudulent activity in your workplace, your first question may be whether there are laws outlining protection for whistleblowers. You want to do the right thing by reporting the immoral actions happening in your workplace. However, you also have a family to provide for and protect. There is good news. There are laws in place protecting whistleblowers from retaliation if they choose to report their workplace. Keep reading to learn what you need to know about the legal aspects regarding the protection for whistleblowers.

Understanding the Whistleblower Provision

A whistleblower provision exists within the False Claims Act. It indicates that employees are protected by the law if their employers attempt to retaliate against them because of their whistleblowing action. This means if an employer terminates, demotes, suspends, threatens, harasses, or discriminates against the employee because they reported their unlawful actions, they will be required to make full amends for the suffering they imposed on the whistleblower. In most cases, this includes reinstating their job at the same pay and seniority level as before. It also means compensating the employee for wages lost and emotional damages.

Are There Exclusions in the Whistleblower Provision?

The law was written by Congress as an effort of protection for whistleblowers when they make the choice to report fraudulent activity. However, there are certain circumstances where the law does not apply. Your employment status, previous work record, and the exact details of the claim may influence your ability to gain protection under the False Claims Act. Also, a strict statute of limitation applies. In some states, the statute of limitations may be as short as 30 days. Failing to comply could result in denial of your claim.

Protection for whistleblowers in the False Claims Act is detailed. There are exclusions to consider when filing a claim. Because of these factors, and the short statute of limitations, these are complicated cases. We strongly advise anyone considering taking action against their employer find an attorney experienced with whistleblower and false claims act lawsuits.

A knowledgeable attorney can work closely with you to line out the facts concerning the retaliation taken against you. Also, they should establish a foundation of facts about your previous standing at your job. These facts include performance records, responsibilities, and more. The attorney you choose should have extensive experience in whistleblower cases. This way, you get the guidance you need and peace of mind as you move forward with your case.

Find out everything you need to know about the legal aspects of the protection for whistleblowers. Just call 770.643.1606 to contact one of our experienced whistleblower law attorneys at Bothwell Law Group.

Who Pays for a Qui Tam Law Firm?

Qui Tam Law Firm

Qui Tam Law FirmWhen working with a qui tam law firm, one of the first questions you’re probably going to ask is, “How much will this case cost me?” It’s a reasonable question. You want to know how much you’ll be paying out of pocket, and what the impacts might be for you and your family.

While we can’t speak for every law firm, there is a general pattern most reputable firms follow. Keep reading to learn about the costs you can expect to incur at various stages throughout the process.

Initial Fees: Filing a Qui Tam or False Claims Lawsuit

To initiate your lawsuit, you will be required to cover a few small expenses. Generally speaking, there will be a court filing fee, and some administrative costs you will have to pay. However, in the event you win your case, you will be reimbursed for these expenses out of your settlement. You also have the right to request it directly as part of the settlement; something your attorney should be happy to provide.

Continuing the Qui Tam Lawsuit

As the lawsuit and settlement run their course, you’re unlikely to have to pay your attorney anything. This is because most attorneys operate on a contingency fee arrangement. This means they agree to a share of the recovered monies, and they take their expenses from the resulting settlement amount.

There is also a strong possibility that the defendant will be required to cover all statutory fees. Again, this is only in cases where you receive a favorable settlement, but you are entitled to ask for it under the False Claims statutes.

What Happens If You Lose the False Claims Case?

Honestly, it depends. Most contingent fee clauses stipulate fees will only become due and payable upon successful conclusion of the defined scope of legal work. While this usually means a favorable outcome (i.e. the court awards you money, or you reach a favorable settlement outside the courtroom), you should pay close attention to the wording of the contract.

There is the possibility that your lawyer will define a successful conclusion as ANY outcome. This means you may be on the hook for the fees you’ve incurred to this point, even if you don’t win anything in the way of monetary compensation.

What Does All This Mean In the End?

Bottom line? You can file and take your case quite a considerable distance with very little money out of pocket. Just be sure to pay close attention to the documents you are signing, and what the limitations are with regards to a payout of attorney fees at the end of an unsuccessful case.

How Can You Learn More About Qui Tam Representation?

Call 770.643.1606 to find out more about our qui tam law firm by contacting Bothwell Law Group online.