Law is a very broad field, and different people need different forms of it. Qui tam law is a small but important part of law that deals with people who tell the government about fraud and have someone else sue on their behalf. This article will help you learn more about what a qui tam lawyer does if you are new to the field.
What does “Qui Tam Law” mean?
A longer Latin phrase, “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” is where the word “qui tam” originates from. It’s about “he who sues for the king as well as for himself.” During the Civil War, the False Claims Act (FCA) was made to stop people from taking from the U.S. government. It is the law that gave rise to this area of law.
Parts of Qui Tam cases that are important
- A whistleblower is a private person who tells on crime. They are also known as a relator.
- Laws like the False Claims Act let people who report crime have the government sued for them.
- Help from the Government: The government can improve its chances of winning if it steps in.
- If someone reports crime, they may get a cut (15–30%) of any losses that are recovered as a reward.
What a Qui Tam Lawyer Does
There is a type of lawyer called a qui tam lawyer who helps people who report wrongdoing with False Claims Act cases. Lawyers like these are very important because they help the government get back money that was stolen and protect the rights of people who report crime.
The Most Important Jobs
- If there are possible qui tam claims, they are checked to see if they are true and if there is enough proof to move forward.
- Putting in a Complaint: Getting the case ready and sealing it so that it stays secret while the government investigates.
- We will work with the government and the accused to see if we can come to an agreement.
- Trial work means going to court with clients if the case goes to trial.
What Does a Good Qui Tam Lawyer Do?
- To handle the tricky situations that come up in qui tam cases, you need to know a lot about the False Claims Act.
- Many times, qui tam lawyers need to go through a lot of company records, talk to witnesses, and gather proof.
- Keeping your information safe: Cases should be kept secret at all times, especially at the start.
- Skill in Court and Negotiation: You need to be able to get things done or present your case clearly in court.
How to Become a Qui Tam Lawyer, Step by Step
Are you interested in becoming a qui tam lawyer? These are the steps you need to take:
Step 1: Get a law degree
You will need a Juris Doctor (JD) from a government-approved law school. This is what you might want to study in school:
- Civil Procedure
- Government Contracts
- Healthcare Law
- Corporate Fraud and Compliance
Step 2: Do well on the Test of the Bar
In your state, you’ll have to pass the bar exam before you can work as a lawyer. For the test, you will need to know both federal and state laws.
Step 3: Get useful skills
To learn about things like fraud, safety, and government contracts is very helpful. You might want to work in:
- Government agency – One group that deals with scams all the time is the Department of Justice (DOJ). Another is the Securities and Exchange Commission (SEC).
- Whistleblower Law Firm – With qui tam litigation, these companies teach people how to do things in the real world.
Step 4: Know the latest rules and laws
How cases are treated changes all the time in qui tam law because of new laws and court decisions. To stay ahead:
- Join groups for business people, like the Taxpayers Against Fraud (TAF) Education Fund.
- Go to CLE (continuing legal education) events like webinars, classes, and conferences.
Step 5: Set up a web page
Making connections with other business people in the same field is very important. Meet other qui tam lawyers and share ideas and strategies by joining bar groups and going to legal conferences.
Not All Qui Tam Cases Are the Same
A qui tam case can be many things, but here are some of the most common ones:
- Health care fraud
This includes lying on medical bills, getting paid to do work, and getting medical care that isn’t needed. Medicare and Medicaid are two of the most important places for qui tam cases to come from because so much money is at stake.
- Fraud by defense companies
When the government hires companies to do work, those contractors may lie on records, charge too much, or give bad products.
- Fraud in the drug business
People can sue drug firms in qui tam cases if they market drugs in ways that aren’t allowed by the FDA, set prices, or hide the bad effects of drugs.
- The theft of funds and programs from the government
Abusing federal grants, loans, or money made for certain programs, like housing or schooling, is one way to do this.
How the Qui Tam Court Works
To become a lawyer or a tip-taker, you need to understand how a qui tam case works in the court system.
Step 1: Complaining
Someone who blows the whistle sends a secret lawsuit to federal court. So that the government has time to look into it, the protest is kept secret.
It is up to the Department of Justice (DOJ) to decide if they want to get involved in the case.
Step 2: The government checks it out.
- Investigations by the DOJ can last for months or even years. Often, other groups, like the FBI, help them.
- During this time, the case stays sealed.
Step 3: The government makes a choice
- Helping Out: The chances of a good result go up a lot when the government signs on to the case.
- Moving away: This person can still go to court on their own with a lawyer if the government doesn’t step in.
Step 4: Either make a deal or go to court
- A lot of qui tam cases end in settlements, especially when there is strong evidence of theft.
- If there is no deal, the case might go to court.
Step 5: Give the person who blows the whistle a reward
When someone blows the whistle on a business, they might get 15% to 30% of the money that is returned as a prize. This depends on how much the government is there.
What lawyers for Qui Tam have to deal with
- Cases Not Easy
Qui tam lawyers need to be able to think critically and pay close attention to details because the cases they take on are often very difficult in terms of law and money.
- A long court case
This kind of case can drag on for years, so both the lawyer and the person who gave the information need to be patient and persistent.
- What will happen to people who blow the whistle?
When employees report wrongdoing, their bosses often punish them, which can lead to more court battles. Lawyers must be ready to protect their clients’ rights under the Whistleblower Protection Act.
To sum up, qui tam law is hard and rewarding, and it gives lawyers the chance to make a big difference by fighting fraud and dishonesty. It’s helpful to know what qui tam lawyers do if you want to learn more about this interesting area of law, even if you don’t want to become a lawyer.
You can have a successful job as a qui tam lawyer if you do the things above, learn about how the law changes, and make contacts in the field. If you work hard and learn the right skills, you can help people who report scams find and get back millions of dollars in government money.