Whistleblower Law Firms | Bothwell Law Group

When it comes to whistleblower law firms or even litigation firms in general, there are a variety of baseless myths that have sprung up. We’ve rounded up a few of the most common ones, and offered you a fact-based rebuttal for each.

Myth 1: We encourage frivolous litigation.

This is perhaps the most obvious myth, arising from the impression the U.S. has become an overly litigious society in recent decades. While it may certainly be true for some forms of litigation, it makes zero sense for whistleblower law firms. And here’s why.

We, the law firm, are paid almost entirely out of the successful recovery amount. Put another way, we don’t always get paid if we don’t win. It would be against our own best interest to take weak qui tam lawsuits and push them through the system because it’s unlikely they would succeed. And no success means the bills don’t get paid.

While this particular myth may apply to other areas of the law, it does not apply to whistleblower law firms.

Myth 2: Qui Tam suits are glorified contract disputes.

No, no, no. A thousand times, no. Contract disputes often focus on the quality of goods supplied, or the failure to meet sufficient standards in materials or service delivery as outlined in a contract. In well-negotiated contracts, there are clear avenues of recourse and remediation for these instances, and the court need only enforce them.

A qui tam suit is an entirely different beast. These lawsuits are specifically focused on fraudulent activity bilking the government out of money. The result is a chain of evidence and requirement of proof extending far beyond the basics of simple quality assessment. Often it includes documents, statements, and forensic accounting, just to name a few. The standard of proof is much higher, as is the amount of evidence required.

Myth 3: Qui Tam lawsuits are simple.

The government has certainly made headlines the past few years, garnering billions of dollars in recovered monies, and highlighting cases where whistleblowers received an extensive reward as a result of their information and False Claims filing. The news cycle, while impressive, is a pure public relations play. The government needs people to come forward and report fraud. Touting it as a rewarding, easy and simple experience means more individuals are likely to come forward in an effort to get their own (hopefully large) piece of the pie.

The truth is these cases require an extensive burden of proof, have stringent limitations on the procedures and protocols associated with filing, and can take several years to reach a successful conclusion. Any one of those factors would push these cases beyond “simple”, but the combination of all three makes matters downright complicated.

All that being said, they can certainly be worth the time and effort to see them through to completion. However, we believe clients should enter into the process with open eyes, and realistic expectations regarding how it will unfold over time.