Federal law requires that whistleblowers MUST have an attorney to file a lawsuit under the False Claims Act (FCA). See, e.g., United States ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89, 92–93 (2d Cir. 2008). This is because the government is the true party in interest under the FCA—not the whistleblower—because the FCA works to combat fraud perpetrated against the government.
Although federal law permits individuals to represent themselves in civil matters, that statute only applies to “their own cases,” not the cases of others. 28 U.S.C. § 1654 (emphasis added). Therefore, prospective whistleblowers must retain counsel in order to file a FCA lawsuit.
Remember that this requirement is not an impediment. Most whistleblower attorneys take cases on a contingency basis, meaning they are only paid if the claim succeeds. Also, there are multiple opportunities under the FCA for a defendant to be held liable for attorneys’ fees after a successful claim. See, e.g., 31 U.S.C. § 3730(d)(1). Finally, a top-rated whistleblower attorney, like the ones at the Miller Law Group, provides you with the best chance for success with your lawsuit.
If you have uncovered fraud against the government, contact the whistleblower attorneys at Miller Law Group today for a free consultation or call us at (919) 348-4361.
Additional Resources:
Whistleblower’s Award in False Claims Act Case
