Health Care Enforcement Defense Advisory: Sanctions Imposed on Qui Tam Counsel for Failing to Meet Ethical Standards Relating to the Use of Privileged Documents
1/23/2012
By Ellyn L. Sternfield and Stephanie D. Willis
Relators and their counsel are being held accountable for the misuse of qui tam defendants’ confidential and privileged documents in connection with lawsuits alleging violations of the False Claims Act. As a January 12, 2012 ruling in United States ex rel. Jerre Frazier v. IASIS Healthcare Corporation in the District of Arizona makes clear, attorneys representing either relators or the government risk adverse consequences if they accept potentially privileged documents without taking precautionary steps to avoid use of or exposure to privileged communications.
