Our Process and the Attorney Client Privilege

  1. Your communications with GFC are privileged. This means that whatever you tell us will not be revealed to others. We will protect the privilege even if you decide, after consultation with us, not to pursue a case.
  2. When you contact us, we will arrange for an initial discussion with a member of our legal team. There may be a follow up discussion, or series of discussions, and you will not be charged for anything.
  3. The discussion with our legal team may cause you to decide not to bring a case, perhaps to bring a case with another law firm, or to pursue a case with our firm. Or, you may decide that now is not the time to bring the case.
  4. If you decide to bring a lawsuit, or to retain us for any reason, we will enter into an agreement with you, called a retainer agreement. That agreement will be on a contingency basis, which means that we only get paid if we secure a recovery. There will be no cost to you otherwise.
  5. If, during our discussions with you, we collectively decide to bring a case, then we will begin the process of drafting a disclosure to the government and a law suit. The disclosure is a document that provides a road map for government investigators.
  6. We will not file a lawsuit, or make a disclosure to the government, without making sure that you have read all of the documents, and all of your questions have been answered.
  7. If the case is filed as a false claims act case, it will be filed under seal. This means that for some period of time, the defendant will not know about the case. The seal period allows for the government to conduct a confidential investigation. During the period that the case is under seal, you cannot disclose the existence of the case and you can only discuss it with your lawyers.
  8. After the case is filed, the government will most likely ask to meet with you. We will be there and prepare you for the meeting. The purpose of the meeting is for the government to find out what you know. It is the first step in their investigation.
  9. In conducting their investigation, government lawyers will talk to officials from the relevant government agencies and potential witnesses. They may even request information –including documents—from the defendant. They may also seek testimony from the defendant.
  10. During the course of its investigation, the government may provide us with updates and they may seek more information from us. We will keep you informed and will always be available to answer your questions.
  11. In response to the government questions, we may consult with you, seek more information, do legal research, and provide written responses to the government.
  12. At the end of the government’s investigation, a determination will be made by the government as to whether it will intervene in the case. If the government intervenes, then it takes the lead in litigating the case and we will work with the government.
  13. If the government does not intervene in the case, we will be allowed to pursue the case on our own, which will involve serving the complaint, and engaging in litigation. The decision to pursue a non-intervened case will be made after consultation with you and will be made in light of the information secured in the government investigation that may have been shared with us.
  14. If we litigate the case, the defendants may respond by filing a motion to dismiss or an answer. If a motion to dismiss is filed, we will respond in writing and provide oral argument, if requested by the court.
  15. If the cases proceeds past a motion to dismiss, we will engage in discovery, which means, securing documents from the defendant and other parties. We will also be allowed to ask written questions called “interrogatories.” And, we will be allowed to take testimony under oath, which are called “depositions.”
  16. After the discovery process, the defendants will have the opportunity to seek the dismissal of the case. This process is called summary judgment. We will respond to any motion for summary judgment motion in writing and provide oral argument, if allowed by the court.
  17. There will be other motions which may narrow the claims or affirm the viability of the claims.
  18. If the case survives the motions process, it will go to trial.
  19. Most cases settle short of trial because the entire litigation process –and its fact-finding components—are designed to bring the parties to a point where they understand the viability of their claims, which make them ripe for settlement.
  20. Throughout the entire process, it is our job to keep you informed and to have candid discussions with you about the strengths and weaknesses of your case.