Go Without A Lawyer?
April 21, 2006 by brian
On April 6, 2006, a federal court in New York held that a non-lawyer citizen could not bring a false claims act case without being represented by a licensed lawyer. This decision is in line with previous decisions of other federal courts.
Ordinarily, any citizen can represent himself in an American court, without a lawyer. However, because of the unique nature of false claims act cases, where the citizen (relator) and his lawyer are also representing the United States Government, the courts insist that a licensed lawyer act in that representative capacity.
American courts have never allowed a non-licensed lawyer to be a representative of someone in a lawsuit or criminal case. These decisions follow the same logic. Because the United States Government is definitely a party in a false claims act case, there must be a lawyer representing the government, and not a non-licensed citizen. This recent case, United States of America, ex rel, Mergent Services and John Bal vs. Marie Flaherty, demonstrates why this legal rule can be important.
It was apparent to the judge involved that Mr. Bal, who brought the case, demonstrated distinct characteristics of a troublemaker and someone on a personal vendetta against Marie Flaherty.
A Whistleblower With Courage
April 13, 2006 by bob
A man contacted us about 20 years ago with a moral dilemma. His employer was engaged in a bait and switch scheme and had asked him to lie to the customer. He refused to do this and sued his employer after he was fired. A jury was outraged and returned a verdict in his favor of well over 1 million dollars including punitive damages.
Whistleblowers are usually in a tight spot but they are the moral compass of society. If you are aware that your employer is committing government fraud, you can do the right thing and contact us. We will help you. We will be confidential and can see you through this.
