So You Want to Blow the Whistle (Part 3): How Do I Find the Right Attorney to Represent Me?
This is the third entry in a six-part series on the process and practical realities of being a whistleblower and exposing fraud against the government.
Part 3: How Do I Find the Right Attorney to Represent Me?
Choosing an attorney to represent you is probably the single most important decision you will make in the whistleblower process. It is also a decision that can seem overwhelming at first, given the numerous options available. How do you determine which attorney will be the best fit for you? What factors should you consider? As we see it, there are three primary factors to consider in picking a good whistleblower attorney.
Before getting to those factors, though, it is important to realize that the “best” lawyer for you is not necessarily the one who immediately agrees that you have a great case or quickly rushes to get you to sign a retainer. In other words, don’t confuse enthusiasm with competence. Effective lawyers ask tough questions and treat each new case with a healthy dose of skepticism. Why? Because the government prosecutors and federal agents who investigate your case will not accept your version of events at face value. They will attempt to understand how the company will respond to your allegations and will want to probe its potential defenses. Hopefully, the government will interview other witnesses and subpoena documents to verify your story. As a result, anything short of a thorough and complete review of your documents and account of the fraud by your own attorney is a disservice to you and your case.
Here are the top three considerations when picking a lawyer for your whistleblower case:
1. Pick an attorney who has experience representing whistleblowers
This one may seem obvious, but experience dealing with whistleblowers is a critically important factor. There are specific laws that apply to and protect whistleblowers, and most lawyers have little to no experience dealing with them. You should choose an attorney who knows and understands these laws and who can give you the best possible legal advice about your particular facts and circumstances.
2. Pick an attorney who understands how government investigations work
If you decide to go forward and blow the whistle, it is very likely that a government investigation will result. It is therefore important that you pick an attorney who understands the way those investigations work, who knows the individual investigators and government attorneys who will be involved, and who can help guide you through this process. Lawyers who previously worked at the Department of Justice can often be quite helpful on this point.
3. Pick an attorney who understands the employment consequences of blowing the whistle
Blowing the whistle on fraud against the government is, first and foremost, about protecting the public. But your attorney should also know how to protect you. Becoming a whistleblower always has risks, and that is particularly true if you are blowing the whistle on a current employer. Your attorney should understand and be able to advise you on those risks, to help you avoid retaliation whenever possible, and to protect your legal rights in the event your employer does retaliate against you.
While these three factors are certainly not the only ones that matter, they are the most important issues that you should consider as you look for a whistleblower attorney to represent you.
As national leaders in health care fraud enforcement, our law firm, Barrett Johnston Martin & Garrison, PLLC, has represented and continues to represent whistleblowers in cases all over the country. If you have information or questions regarding a potential case of health care fraud, schedule a free and confidential consultation with our firm.
Want to learn more? Check out our other posts on the “So You Want to Blow the Whistle” series:
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