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What kinds of characteristics should a whistleblower look for in a prospective attorney?

Ideally, your lawyer will have most, if not all, of the following credentials:

1. Experience in whistleblower or qui tam False Claims Act litigation.

2. Experience in employment and labor law.

3. Willingness to take a case on a “contingent fee” basis—without payment for attorneys fees unless the case is ultimately successful.

4. Particularly in qui tam cases, ability to “advance” or pay substantial costs. Expert witness fees, for example, might involve $20,000 or more, even before the case is filed or just in very early stages.

5. Willingness to expend substantial amounts of time to handle your case and not be overly distracted by other major responsibilities. (You cannot and should not expect, however, that your case will be the only one that an attorney works on).

6. For qui tam cases, experience in complex cases--often that is gained in representing plaintiffs in employment discrimination, class action, personal injury, and consumer suits.

7. Experience taking on large corporations--a "David versus Goliath" case.

8.  Experience with how the media and political interests can affect a case or claim.

9. Experience with the Government as a party in litigation.

10. Experience in federal courts or agencies or, if applicable, in the state courts if you have a state retaliation or whistleblower claim.

11. Willingness to communicate with you regularly regarding the status of your case and to involve you, where appropriate, in the investigation of your case and its claims.

12. Someone whom you believe that you are relatively comfortable speaking with and whom you can trust or could come to trust to handle your case.

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