A False Claims Act whistleblower attorney is the lawyer who decides whether your facts can support a qui tam case, then carries the sealed filing and the government review that follow. The right choice is not the first lawyer who returns a call. It is the lawyer who can explain whether your information is original and whether a federal or Georgia path fits. They should also say what you should stop doing before anyone outside the case learns about it.
Call Bayuk Pratt at (404) 500-2669 for a free consultation about a possible False Claims Act matter.
This guide is about choosing that lawyer. Bayuk Pratt’s False Claims Act practice page already explains what these claims are, common fraud patterns, filing deadlines, retaliation protections, and how awards are set. Those answers stay there. Here, the question is narrower: what should a person in Georgia look for before hiring counsel?
What a False Claims Act Whistleblower Attorney Should Do First
The first job is a fit check, not a lawsuit. A careful lawyer starts by separating what you personally know from what you heard, and from what is already public. Under the federal False Claims Act, a private person may sue in the name of the United States. The case still has to rest on information the government can use.
An original source, in the federal statute, is someone who voluntarily told the government the information before a public disclosure. It can also be someone with independent knowledge that adds something material to what is already public, if they shared it with the government before filing. See 31 U.S.C. § 3730. A lawyer who skips that question can spend months on a case a court later throws out.
The same first meeting should cover who the fraud is against. A claim on Medicare, a defense contract, or another federal program points toward the federal Act. A claim on state or local Georgia funds points toward the Georgia Taxpayer Protection False Claims Act, which has its own approval step. Some facts touch both. Counsel should say which path they recommend and why, instead of treating every government payment as the same case.
You should also hear what the lawyer will not do. A good False Claims Act whistleblower attorney will not tell you to download a company server, record people in secret, or confront a supervisor. Those moves can create separate legal problems and can weaken the claim you came to protect.
Questions to Ask a False Claims Act Whistleblower Attorney
Bring a short timeline and the documents you already have lawfully. Then ask questions that a general personal-injury consult will not answer. You are testing whether this lawyer has actually lived inside a sealed government case.
- Have you filed or defended qui tam cases, and in which courts? Ask who on the team did the work, not just whose name is on the site.
- Will you assess the public-disclosure bar and the original-source rule before any filing? The answer should be yes, with a plain explanation tied to your facts.
- Do you handle federal cases, Georgia cases, or both? Georgia requires the Attorney General’s written approval before a private person may file. Federal cases do not use that same gate.
- Who drafts the disclosure statement? Federal law requires the relator to serve the government with the complaint and a written disclosure of substantially all material evidence. The complaint is filed in camera and stays under seal for at least 60 days.
- How do you staff the seal period? The Department of Justice, or the Georgia Attorney General, may ask for more documents and more time. You want to know who answers those requests.
- What happens if the government declines? You should hear the choice in plain terms: the relator may continue, or the case may stop. There is no promise either way.
- How are fees explained? Ask whether the firm is paid from a recovery, how costs are handled if there is no recovery, and whether any fee depends on the government intervening.
- Who else will see my information? Ask about co-counsel, investigators, and experts before you hand over records.
Write down the answers. A lawyer who talks only about a percentage, or who promises a result, is telling you something important about how they sell cases. The statute leaves the share to the court and to the facts. No lawyer can honestly quote you a number in the first call.
Federal and Georgia Paths Change the Lawyer You Need
The two statutes look similar and then diverge at the filing desk. Knowing the split helps you judge whether the lawyer in front of you is describing your case or a generic script.
| Decision point | Federal False Claims Act | Georgia Taxpayer Protection False Claims Act |
|---|---|---|
| Who the case is for. | Brought in the name of the United States. | Brought in the name of the State of Georgia or a local government. |
| Gate before filing. | No Attorney General pre-approval to file. | Written approval from the Georgia Attorney General is required before a private person may bring the action. |
| How the government gets the facts. | Complaint and written disclosure served on the government; complaint filed under seal. | Copy of the complaint and written disclosure served on the Attorney General; complaint filed in camera and under seal. |
| First seal period. | At least 60 days, with extensions for good cause. | At least 60 days, and the complaint is not served on the defendant until the court orders it. |
| If the government joins. | The government has primary responsibility; the relator may remain a party with limits. | The Attorney General may pursue the case, delegate it, or later withdraw that delegation. |
| Counsel detail that matters. | Experience with Department of Justice review during the seal. | A Georgia-licensed lawyer, or association with one, because the Attorney General asks for that in the approval packet. |
The Georgia Attorney General’s office publishes its non-Medicaid qui tam review steps. A proposed complaint, a disclosure statement, and a signed letter from counsel go to the Qui Tam Coordinator at 40 Capitol Square SW, Atlanta, GA 30334. The letter must say counsel is licensed in Georgia, or has associated with a Georgia-licensed lawyer, and has done the inquiry the rules require. Those steps are the Attorney General’s own procedures. The page says they can change without notice and do not create rights, so counsel should read the current page before relying on the address or the packet list.
The Attorney General’s page states that O.C.G.A. § 23-3-122(b)(1) requires written approval before a private person may bring a civil action under that section. The same page requires the proposed complaint and a written disclosure of the evidence the relator believes supports it. Counsel should read the current procedures before describing the approval packet.
Federal timing is in 31 U.S.C. § 3731. A civil action generally may not be brought more than six years after the violation. It also may not be brought more than three years after the responsible U.S. official knew or should have known the material facts, and never more than ten years after the violation. That is a counsel question, not a date you should calculate alone.
How to Judge Experience Without a Sales Pitch
Qui tam work is a small slice of civil litigation. Many strong trial lawyers have never kept a complaint under seal or answered a government request for “substantially all” material evidence. Ask for the kind of experience, not a trophy list.
Useful signs are specific. The lawyer can describe the seal, the disclosure, the choice to intervene or decline, and the difference between a relator share and a retaliation claim. They can say which part of that work they do themselves. They can name the point at which they would tell you the facts are too thin, already public, or better suited to a different law.
Weaker signs are vague. “We handle all fraud cases” does not say who files. A promise that the government “always” intervenes is not true. A request that you sign a fee agreement before anyone looks at the public-disclosure question is a reason to pause.
Bayuk Pratt is an Atlanta trial firm. Founders Frank Bayuk and Bradley Pratt came from senior defense roles at large firms and now represent people, not the companies they used to defend. The firm handles False Claims Act matters and prepares cases as if they will be tried. That background matters when the other side is a hospital, a contractor, or another well-funded defendant. It is not a promise about your result.
Do not let a lawyer fold a qui tam case into a generic fraud pitch. You are hiring someone to judge whether your information is original, which statute fits, and whether a sealed filing should be made at all.
What to Bring, and What to Keep Quiet
Counsel can only judge a case from what you can explain and support. Come with a timeline, and come carefully, so the first meeting is about facts rather than guesswork.
- A timeline of who did what, with dates, programs billed, and your role.
- Copies of records you already have a right to hold, such as emails sent to you, reports you prepared, or invoices you handled in your job.
- The names of the government programs or contracts involved, if you know them.
- A note of anyone you have already told, including a hotline, a supervisor, or the press.
- Any written threat, demotion, or firing that followed your report, kept separate from the fraud facts.
Do not use a work computer to build the file you plan to give a lawyer. Do not search shared drives for records outside your job. Do not tell coworkers you have a lawyer. The federal complaint stays under seal, and serving it on the defendant too early can break the statute’s process. A lawyer should give you a short list of what to stop doing at the end of the first call.
Retaliation is a related but different problem. Federal law gives employees, contractors, and agents a claim if they are fired, demoted, threatened, or harassed for lawful acts tied to a False Claims Act action. That claim has its own three-year limit from the retaliation, under § 3730(h). If protection from an employer is the main thing you need, say that first.
Fees, the Relator Share, and What No Lawyer Should Promise
Ask about money in the same meeting as the facts. If the government proceeds, the relator generally receives at least 15 percent and not more than 25 percent of the proceeds, depending on the person’s contribution. If the government does not proceed, the court awards not less than 25 percent and not more than 30 percent, plus necessary expenses and attorney’s fees. Those ranges are in § 3730(d).
Those percentages are not your lawyer’s fee, and they are not a quote. The fee agreement is a separate contract. Read who pays case costs, what happens if the government declines, and what happens if the case is dismissed. A contingency agreement can mean you owe no attorney’s fee unless money is recovered. It does not mean every expense works that way. Get the cost terms in writing.
Georgia’s approval procedures say they create no rights and can change. A lawyer should not tell you the Attorney General must accept your case. They also should not say a state share matches the federal range unless they show you the current statute. Hiring counsel is about whether this lawyer will do that work, not about a number in an ad.
If you have documents and a timeline and want a lawyer to pressure-test them, request a free consultation with Bayuk Pratt. There is no upfront fee to talk through the facts.
Red Flags During the Search
Walk away, or at least get a second view, if the consult sounds like a guarantee instead of a plan. These are the lines that should stop the meeting.
- A guarantee that you will receive a specific share or that the government will intervene.
- Advice to take records you do not already have a right to take.
- No mention of the seal, the disclosure statement, or the original-source rule.
- A Georgia case plan with no Georgia-licensed lawyer on the filing.
- Pressure to sign before the lawyer has identified the government program at issue.
- A pitch that treats your facts as a generic fraud, personal-injury, or workplace claim.
One consult is often enough to see whether the lawyer is listening. A second meeting is reasonable when the first stays on marketing. You are choosing the person who may speak to the government in your name, so a slower yes is the safer one.
Frequently Asked Questions
Do I need a False Claims Act whistleblower attorney before I call a hotline?
You do not need a lawyer to report a crime. You do need one before you file a qui tam case, because the complaint, the seal, and the disclosure have formal rules. Talking with counsel first also helps you avoid a public report that could complicate the original-source analysis.
Can any trial lawyer file my qui tam case?
Any lawyer who is admitted in the right court can file. The practical bar is higher. You want someone who can manage a sealed government investigation, not only a public lawsuit. In a Georgia case, the Attorney General’s review also looks for a Georgia-licensed filing lawyer.
Should I tell my employer I hired a lawyer?
No. Tell counsel first, and follow their instructions. Federal complaints stay under seal and are not served on the defendant until the court allows it. An early confrontation can invite retaliation and can damage the case.
What if I only have suspicions, not documents?
Say that. A lawyer can tell you whether what you personally saw is enough to investigate, or whether the story is too thin to file. Do not go hunting through systems you are not allowed to use in order to “complete” the file.
How is a False Claims Act case different from a public lawsuit?
A False Claims Act case is brought for the government against someone who submitted false claims. The complaint stays under seal, and the government reviews it before the defendant is served. Use a consultation to confirm whether that process fits your facts.
Talk With a Lawyer Who Will Start With the Facts
Choosing a False Claims Act whistleblower attorney comes down to a few tests. Can they explain original source, the seal, and the federal or Georgia path in words you understand? Will they look at your timeline before they quote a share? Will they tell you if the case should not be filed?
Bayuk Pratt meets those questions in a free consultation. You can call (404) 500-2669 or use the contact form. Bring what you already have. Leave the rest of the digging to counsel.
