Abstract

Although not an entirely new phenomenon, recent False Claims Act filings have seen an uptick in former in-house counsel and compliance officers as qui tam relators. The False Claims Act does not preclude attorneys from becoming relators against their former clients, but the Code of Professional Conduct’s protection of confidential information acquired during the attorney-client relationship presents serious ethical challenges not only to the relator but to his or her counsel as well. This Comment reviews the applicable ethical rules as well as exceptions, concluding with suggestions for attorneys involved as relator, relator’s counsel, or counsel for the defendant.

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