7 Key Considerations When Choosing a Federal Whistleblower Lawyer

Learn the Key Considerations for Choosing a Lawyer to Help You Blow the Whistle with the Federal Government

If you are contemplating filing a whistleblower complaint with the federal government, it is critical to ensure that you are making informed decisions. There are several key decisions that you need to make before you contact the government, and you must carefully follow the relevant agency’s or court’s filing procedures to establish your status as a protected whistleblower.

To make informed decisions as a prospective federal whistleblower, you need experienced legal counsel. From determining whether you have sufficient information to qualify as a federal whistleblower to determining where you need to file your whistleblower complaint, there are several ways an experienced whistleblower attorney will be able to help you before you file. If you are unsure whether you are prepared to move forward, whistleblower attorneys can help you with this decision as well. If you decide to file, an experienced qui tam lawyer will be able to file your complaint and communicate with the government on your behalf, and your lawyer will be able to help protect your confidentiality throughout the process.

Factors to Consider When Choosing a Federal Whistleblower Lawyer

So, how do you choose a whistleblower lawyer to represent you? Here are seven key considerations:

1. Experience Representing Federal Whistleblowers

The first and most important factor to consider is the lawyer’s experience representing federal whistleblowers. Federal whistleblower practice is unique, and a lawyer who lacks relevant experience isn’t likely to be able to provide the same level of advice and insights as a lawyer who regularly represents people in your situation.

It is also important to consider the lawyer’s experience handling your specific type of whistleblower complaint. Several federal agencies accept whistleblower complaints, and federal whistleblowers must file their complaints in federal court in some cases. Each agency and court has its own unique set of rules and procedural requirements, so it is critical to work with a lawyer who is familiar with the specific rules and requirements that you will need to follow if you decide to move forward.

2. Experience at the U.S. Department of Justice (DOJ)

Along with experience representing federal whistleblowers, it is also worth looking for a lawyer who has prior experience at the U.S. Department of Justice (DOJ). The DOJ handles many types of whistleblower investigations, and the DOJ prosecutes companies and individuals charged with fraud and other crimes following whistleblower complaints.

A federal whistleblower lawyer who has prior DOJ experience will understand the process from the government’s perspective, and will be able to use the insights gained from his or her experience to aid in your decision-making. When you are thinking about blowing the whistle with the federal government, there are several benefits to having a former DOJ attorney on your side.

3. Client Testimonials and Reviews

When choosing any type of lawyer (or any other type of professional service provider), it is worth reading the lawyer’s client testimonials and reviews. If the lawyer’s clients consistently report having positive experiences, this is generally a good sign that you will have a positive experience as well.

As you review a lawyer’s client testimonials and reviews, you should look for specific insights into your particular circumstances as a prospective federal whistleblower. Does the lawyer work one-on-one with clients to help them make informed decisions? Does the lawyer have strong communication skills? Does the lawyer exhibit professionalism when working with federal agents and prosecutors? These are just a few examples of the types of traits you will want to consider.

4. A Team of Senior Lawyers and Consultants

Federal whistleblower cases tend to be highly complex, and helping the government successfully pursue charges for fraud, waste, abuse of authority, or other wrongdoing is a time-intensive and resource-intensive endeavor. As a result, more than just a lawyer, you need a team of legal professionals on your side.

Specifically, you need a team of senior-level lawyers and consultants. At many firms, whistleblowers work primarily with junior associates and paralegals who have limited experience. This necessarily limits the efficacy of their representation. By choosing a law firm with a team that includes former DOJ attorneys and high-ranking special agents with multiple federal law enforcement agencies including the Securities and Exchange Commission and Commodity Futures Trading Commission, you can ensure that you will receive the level of representation you need to feel confident as you move forward.

5. A Focus on Complex and High-Stakes Federal Legal Matters

Most law firms focus their practices on handling state-level legal matters. Federal legal matters tend to be far more complex, and they also tend to have much more at stake. This is especially true in the types of matters that involve federal whistleblowers and the False Claims Act.

With this in mind, beyond choosing a law firm that provides whistleblower representation, you should also choose a whistleblower law firm that has a robust federal practice. Lawyers who routinely handle complex and high-stakes federal matters are likely to be in a much better position to provide you with sound advice and effective legal representation.

6. A Client-First Approach to Whistleblower Law Representation

As a prospective federal whistleblower, it is important to work with a law firm that has your best interests in mind. You will want to choose a law firm that takes a client-first approach to whistleblower representation—focusing on helping its clients make informed decisions rather than pressuring them to move forward before they are fully ready.

When you engage a law firm to represent you as a prospective whistleblower, you are under no obligation to blow the whistle. This should be clear from the outset, and it should be a guiding principle of your engagement. The law firm you choose should only be focused on helping you decide what is the right thing to do.

7. The Ability to Help You Feel Comfortable and Confident in Your Decision-Making

Finally, you should choose a federal whistleblower lawyer who helps you feel comfortable and confident in your decision-making. As you move forward, it is extremely important that you do not have any reservations about your choice of legal counsel.

As a federal whistleblower, you will be relying on your lawyer’s advice and representation throughout the process. From protecting your confidentiality to helping the government pursue a successful enforcement action (and potentially helping you collect a whistleblower award), your lawyer will play a critical role in all aspects of your case, and you need to know that your lawyer is more than capable of representing you effectively.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: Hiring a Lawyer When You Are Thinking About Blowing the Whistle