Qui Tam Attorneys: How a Lawyer Can Help
The Qui Tam statute of the False Claims Act is a complex area of law – so much so that many lawyers’ practices focus in this area. Hiring a lawyer who has expertise and an understanding of the nuances of the statute, what the law is surrounding the statute and how it works can make the process of filing a Qui Tam lawsuit much easier.
Hiring the right Qui Tam lawyer
Qui Tam lawyers whose practices don’t focus in this area of law could unintentionally get your case dismissed, according to Larry Golston, an Alabama lawyer whose firm represents clients in Qui Tam litigation, as well as consumer fraud and bad faith insurance litigation. He told us, “It’s not an area of practice where a lawyer can say that he or she knows the statute well enough and starts trying to pursue litigation. Unfortunately, there are cases where lawyers who are not familiar with the Qui Tam statute, the False Claims Act, have filed their cases and made clerical or filing errors that have caused the whole case to be dismissed.”
Golston says that potential plaintiffs should ask the following questions before hiring a lawyer:
- Has the lawyer done these kinds of cases in the past?
- What kind of False Claims Act cases has the lawyer brought?
- What has been the lawyer’s success rate?
He added, “You want somebody who is knowledgeable because the ballgame is won or lost in a many cases in just getting the government’s enthusiastic about your case. Even if the government does not intervene, you want the government to be enthusiastic about your case or else it can step in and dismiss it. If it does intervene, then you want a lawyer who knows how to deal with the government in that regard.”
Avoiding adverse employment actions
Those who are considering filing a Qui Tam lawsuit should always contact a Qui Tam lawyer before approaching their employer, according to Golston. He explained:
Unfortunately, what typically happens is that the employee goes to management first because he or she wants to do the right thing by having the company rectify the problem. However, in many situations, the employer tells the employee to mind their own business. Once they’ve done that, they open themselves up for little nitpicky job assignments that people don’t want to do or they’re transferred. That’s why I always recommend people to talk with an attorney before subjecting themselves to an adverse employment situation.
If you believe that you may have a Qui Tam lawsuit, contact an attorney whose practice focuses in this area of the law. Consultations are free, without obligation and are strictly confidential. To contact an experienced attorney, please click here.
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