New York Ethics Opinion Addresses Ethical Limits on Attorney Participation in Whistleblower Investigations

Lawyers representing False Claims Act whistleblowers need to be mindful of a practical question before a qui tam complaint is filed: how far may counsel go in helping a client develop additional evidence? Ethics Opinion 1297, recently issued by the New York State Bar Association’s Committee on Professional Ethics, provides important guidance for attorneys conducting pre-filing whistleblower investigations and is likely to become a leading reference on the ethical boundaries governing counsel’s role.

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