One of the most important steps you will take in filing a successful qui tam case is choosing the right attorney and law firm. Not only do you have to choose the attorney that has enough skill and resources to win the case, you also need to pick an attorney that shares your philosophy of why you are filing the suit.

There are certain types of law firms that are well suited for the protracted work of a qui tam suit. Law firms that specialize in employment discrimination, class action, personal injury, stock holders suit and other plaintiff law are use to fronting costs and attorney fees in a lawsuit. They also have taken on large corporations and are use to a "David versus Goliath" role. It also helps to find a firm that has had experience in federal courts. If you decide to take your case to a large defense law firm, make sure ahead of time that they do not represent any of the companies or industries targeted in your suit.

Often a whistleblower will feel more comfortable working with a sole practitioner that they may know or a small firm with two or three attorneys. By itself, this can turn out to be a big problem for the whistleblower and the attorney when the pressure and resources of the large corporation that is being sued comes to bear. If you want to use a sole practitioner or a small firm, and the attorney is inexperienced in qui tam actions, you may want to suggest that they work with a larger firm that can front enough resources to win.

Qui tam cases with large potential recoveries often take so many resources that it is becoming common for several law firms to band together to share resources and costs. This has been one of the more successful ways to sustain a large case, especially cases that are turned down by the government and are taken through the courts by you and the law firms.

Finding a good attorney and firm(s) can be a frustrating experience. One way to start is to ask an attorney that you trust for a reference, keeping in mind the amount of resources that will be needed to succeed. Another resource for finding firms in your area, and their expertise, is to check the reference book Martindale-Hubbell at your local library. It will list attorneys by state and city and will give you an idea of the types of practices and number of attorneys each firm will have. Also, you can check with your local Bar Association for a reference.

Here are some of the questions that you should ask attorneys when you interview them:

• How much time and resources are you willing to put into the case before you file it? Do you use investigators? How much proof will you want before you decided to (1) take the case, and (2) file the case. Although it may be flattering for an attorney to take your word on the alleged fraud, a good attorney will want to investigate and gather a fair amount of evidence, documents and potential witnesses to substantiate your claim before filing a case. Laying the groundwork with a good investigation before filing the case will greatly enhance the chance that the government will take over the case and that your case will ultimately be successful.

• What is the ability of your firm or firms to finance costs, including investigative costs, and attorney time in this case? How many other qui tam cases have you done? Will you be willing and financially able to take the case through the courts if the Justice Department declines to take the case? What attorney(s) will be handling the case? Which attorney(s) will be working the most closely with me? How do the different law firms plan to work together and what role will each one play? Who will be the lead attorney on the case? You need to make sure that the firm or firms are willing and are capable of going the distance and that you will be working with attorneys that you have met. Don't be discouraged if the day to day handling of the case falls mainly on associate attorneys instead of partners in the firm. Associates have more time to concentrate on your concerns and partners are notoriously overbooked and hard to reach.

• What is your track record on qui tam and other similar type cases? How many cases have you tried in Federal Court? Are you planning to build a qui tam practice in your firm? What attracts you to doing qui tam cases? Not all good attorneys will have a track record in qui tam cases because the amended law is so new. If they haven't done any qui tam cases, ask what their track record is on employment, class action, malpractice and personal injury cases if they have done any. If the attorney does not have any qui tam experience, but brushes off your questions, be concerned about working with that attorney.

• How do you set up your working relationship with the relator? How much input will you expect from me in this case? How often will I be informed about the progress of the case? Will I be able to contact one of your attorneys with any questions that I might have? This is where you need to set up your personal relationship with the attorney. You are hiring them for their expertise in law and you can't expect them to call you with every decision, but you should remember that ultimately they are working for you. You should not tell them how to practice law, but they should also not pretend to know everything about your area of expertise and should want to have you involved in the factual and investigative part of the case. If the attorneys seem put off with your interest in working on the case or desire to keep informed, be concerned.

• What is your retainer agreement? Are you willing to front all costs and attorney fees for the case and only collect money if we are successful at winning or settling the case? What percentage of my portion of the recovery will you want? Will you also be asking the court for reasonable attorney fees on top of your portion of my recovery? How do you deal with costs in splitting up my recovery? May I see a copy of your standard retainer agreement? This subject will be the most sensitive subject between you and the attorney. Most attorneys see your recovery as a bounty that is much different than a damage award such as in an employment suit which is supposed to help you recover from being damaged. Therefore, attorneys have been asking between 35-50% of your recovery as well as attorney fees and costs from the court. Because the law firms have to front the costs and attorney fees in this case, they see these cases as investments and want to see a good return on their money and time invested. Keep that in mind as you negotiate with them. When you receive their retainer agreement, it would be a very good idea to review it with an attorney that you trust and know personally. As in any profession, there are attorneys that will try to take advantage of desperate whistleblowers and you need to be careful.

Finally, you need to use your gut instincts in picking an attorney. Don't go into an attorney being desperate for them to take your case or an unscrupulous attorney may take advantage of you. You are looking for an attorney that is confident and knowledgeable, but is willing to listen and learn. Arrogant or unsympathetic attorneys may be able to win your case for you, but you can be miserable for years working with someone that you don't like or trust. If you have any more questions or need a resource to sort out the best type of attorney for the case, contact the Bauman & Rasor Group and we will be happy to give you some advice.