Answer: This is a concern that you should discuss with any attorney you consult. Most whistleblower statutes, including the False Claims Act, make retaliation unlawful. We still recommend discussing the details of your specific situation with an attorney.
Answer: A good attorney will not pressure you to bring a lawsuit. A good attorney will be patient, answer your questions, and make you feel comfortable knowing that however you proceed is your decision.
Answer: Yes. You should reaffirm with the attorney that what you are telling him or her is subject to the attorney-client privilege. You should make sure that the attorney understands that a privilege exists even if no case is filed. A good attorney will have no problem with this request.
Answer: Many potential whistleblowers contact attorneys just to get an independent perspective on what they are seeing. Sometimes, the would-be whistleblower will decide to do nothing. Sometimes, the would-be whistleblower will go forward with a different attorney. Sometimes, the would-be whistleblower will take some time to think about his or her options. Contacting an attorney requires nothing more from you than a conversation!
A new downloadable resource available from NITA, Remote Advocacy: A Guide to Survive and Thrive is a modern attorney’s crash course in adapting to the challenges of practicing law in the era of COVID-19. Written by leading scholars and acclaimed lawyers with over a century of combined experience, this thirteen essay series provides comprehensive instruction on topics including video-conferencing etiquette, ethics and discovery, exhibits in remote trials, conducting interviews and relationship-building with clients, and hearings from a judges’ perspective. Every chapter is packed with practical advice so you’ll find this guide invaluable even if sections are read independently. To learn more, click here.
