Qui Tam Lawyer
To sue almost any other civil matter, a person or a company must be able to demonstrate how the harm that the defendant created affected them. Qui Tam provides an exception to this, an exception which allows individuals to show that the government was harmed to allow individuals to stand in the shoes of the government and sue on behalf of the government.
This makes a Qui Tam case virtually unique in civil law, because a person is not just suing for themselves, or even just reporting a violation to the government, they are pursuing a claim in court on behalf of the government. In order to pursue this type of claim, a Qui Tam attorney is essential. A skilled attorney who has experience in a variety of Qui Tam cases can be someone’s best asset starting their claim.
There are other whistleblower reward laws, such as the Securities and Exchange Commission’s whistleblower reward law, the Commodity Futures Trading Commission’s whistleblower reward law, as well as the IRS’s whistleblower reward law.
These are important laws that allow individuals to provide information to those agencies and collect an award if they take an action. However, they are not fully Qui Tam statutes, because they do not allow for an independent right to go to court and sue on behalf of the government.
Many laws do allow individuals to sue when they have been the subject of retaliation as a result of acting as a whistleblower. These are important rights which are included in many of the laws thought of when referring to whistleblower law generally. However, as a Qui Tam lawyer can explain, this right is still not the same as being able to sue on behalf of the government, which is what defines the right to a Qui Tam procedure.
This is an important right for individuals to be able to protect their own government and bring a case as a result of this unusual right and as part of this unusual right, it also requires an unusual procedure to file a Qui Tam action. IT even can involve special names. They often call plaintiff’s in qui tam actions the “relator” or the plaintiff-relator or the Qui Tam relator all to refer to the same person who files the case.
Working with a Qui Tam Lawyer
When filing a Qui Tam action, the client relationship with a Qui Tam lawyer must be especially close. The Qui Tam provisions require the case to be filed under seal and are strict in this manner. An individual must be extremely careful not to discuss the case, while it is under seal. Since these matters involve generally the most important events in any individual’s professional life, the restriction not to talk about it is a burden.
The plaintiff-realtor can, of course, discuss the matter with their counsel and with government officials who will want counsel present when that occurs. Any information about the case may turn out to make a difference to the investigation and the case can take a long time. In that period of time, a relationship of trust must be developed between the attorney and the client, even more so than in most civil litigation.
Clients need to be able to talk to their attorneys about the details of these cases even just to be able to discuss the case generally without violating the seal or in any way damaging the case.
Contacting a Qui Tam Attorney
Cases can stay under seal for several years. In many jurisdictions, the government’s investigations are being conducted at a faster pace, because of pressure from the courts, which are reluctant to extend the seal indefinitely. Nonetheless, it can still take years for a complicated Qui Tam matter to be investigated thoroughly by the government.
That lengthy period of time, while the case is under seal and while the Qui Tam plaintiff-relator is waiting to hear what the government is discovering about the allegations of the complaint, is difficult for anybody. Therefore, the client and their Qui Tam attorney have to work as a team and be able to confide in each other as to the private progress of the case.
The cases may involve complicated sets of facts learned by the plaintiff-relator over a long period of time. It is also important that the attorney and the client are able to work together because mining the details of the case from the individual’s knowledge, may be quick but generally it is not. Both the Qui Tam attorney and client need to be able to focus on the facts that support the allegations with respect to fraud against the United States.