Working with a professional whistleblower lawyer can be a very good idea, if you need to report any fraud, corruption or illegal activities. Not only are you risking your job, but also your wellbeing, so having a professional to help you is crucial here. And that’s why it can be a very good idea to work closely with a good whistleblower lawyer. But how can you choose the right option? Here’s what you need to consider.
Evaluate the lawyer’s experience
As always, when you hire a professional, you want them to have a lot of experience in their niche. In this case, you want to see if they handled whistleblower cases, if they filed cases under seal in the federal court, if they worked with government investigators and so on. Documented outcomes are crucial here, mainly because you want to be 100% sure that the lawyer knows what they are doing.
Assess their knowledge of governmental procedures
Another good thing to focus on is to assess the knowledge that the lawyer has when it comes to governmental procedures. You want to see if they know how to draft a disclosure statement, what documentation you need to add, how to communicate with the government attorneys, when t is necessary to supplement evidence, how they can avoid violating seal requirements and so on. At the end of the day, proper filing is crucial, and any improper filing can lead to major issues.
You also want to confirm retaliation expertise. Employers will sometimes respond with blacklisting, harassment, or termination. The lawyer needs to know how to handle these situations in the best possible way. That might be hard to do, but it’s important to ensure that you work with someone who knows how to manage this type of situation.
Review anonymity and confidentiality strategies
A crucial aspect in the world of whistleblowing is certainly confidentiality. In many programs, like the SEC whistleblower claims for example, you must want to stay anonymous, even if you have an attorney. Anonymity should be guaranteed, or at least provided if possible. You also want to see how documents will be handled securely, and if there are any risks associated with the internal reporting. If the lawyer is unable to articulate these confidentiality protocols, that’s normally a red flag and something you need to consider.
What’s their fee structure?
Most whistleblower lawyers have their own fee types. Some of them will have a direct fee, others work on contingency. And in that latter case, the fees will range from 25% to 40%, depending on the litigation stage and complexity. It’s important to know the percentage that the lawyer charges, who is paying those litigation expenses, are there costs deducted from the fee, etc. All the info related to pricing should be offered beforehand and it should also be transparent.
Assess the communication and accessibility
How easy is it to reach the whistleblower lawyer? Are they easy to talk with, or do they barely reply? In these cases, you need prompt communication and that’s the most important thing to strive towards. Having a team of experts that can help with this process is crucial, and you definitely have to use it as an advantage. If the lawyer is not accessible when you need them, that’s a red flag.
Firm capacity and resources
Smaller firms will charge less, but they can also offer less resources to help with. And naturally, that’s always a thing you need to keep in mind. Resources are crucial, and if the case is prolonged, do you trust that company to help in the long run? Will they offer help from other attorneys? That’s certainly a thing to focus on.
Always watch out for red flags
These days, a lot of whistleblower lawyer are trustworthy. But there are also scammers out there, albeit in a smaller number. In order to avoid any issues, here are some of the red flags to avoid:
- Great attorneys won’t pressure you to file right away
- Vague fee statements are a major red flag
- No specific whistleblowing experience
- Poor communication or none at all
- You are promised guaranteed rewards
If you encounter one or all of these red flags, it’s a very good idea to try and find someone else as your whistleblower lawyer. The best lawyers will not pressure you, nor will they come with random claims that they can’t back. The most important thing is to find a professional whistleblower lawyer with a lot of experience and which can back up any of their claims. Someone with a proven track record and a true focus on results is what you want to focus on, and rest assured it will be well-worth it in the end to hire such a professional. After all, you get what you pay for, and if you feel that a whistleblower lawyer feels like a scam, you should always try to find someone else.


