New York Ethics Opinion Warns Lawyers on Qui Tam Deception

In a Law360 article, Sidley lawyers Jaime L.M. Jones, Kenneth Coffin, and Michael D. Mann examine New York State Bar Association Ethics Opinion 1297 and the ethical boundaries for lawyers helping False Claims Act (FCA) whistleblowers develop evidence before filing a qui tam complaint. The authors explain what the opinion means for prefiling investigations, where it draws the line on counsel’s involvement in deceptive investigative tactics, and how the U.S. Department of Justice’s expanding use of Section 3730(c)(2)(A) dismissals may create additional vulnerabilities for qui tam complaints built on questionable investigative methods. The article also highlights what defense counsel should consider when assessing how evidence supporting an FCA complaint was obtained and whether counsel was involved in that process.