For referring lawyers
Referring Lawyers: Co-Counsel and Referral Relationships
We accept referrals and co-counsel arrangements from other lawyers in sexual harassment, whistleblower retaliation, and qui tam and False Claims Act matters. We take harassment and retaliation matters in New York. We bring False Claims Act reward cases for healthcare fraud in federal court anywhere in the United States. We evaluate every referral ourselves.
Which Sexual Harassment Matters Do We Take?
We take these matters where they arise in New York:
- quid pro quo demands
- hostile work environment claims
- harassment because of sex
- assault at work
- retaliation against the person who reported it
- students harassed or assaulted by faculty
We decide whether to accept a matter by what can be proved with evidence, not by how severe the conduct was.
Which Whistleblower Retaliation Matters Do We Take?
We take matters that arose in New York where an employee was punished for reporting or objecting to wrongdoing.
We take matters where the report or objection concerned:
- an employer's violation of a law, rule or regulation
- a substantial and specific danger to public health or safety
- false claims to a government program
Which Qui Tam and False Claims Act Matters Do We Take?
We take reward cases where the client has evidence of Medicare, Medicaid or other government healthcare fraud. These cases are brought under the federal and New York False Claims Acts. We bring them in federal court and take them anywhere in the United States.
What Matters Do We Not Accept?
We don’t take employer-side work of any kind. We also don’t take:
- harassment or retaliation matters outside New York
- SEC, IRS, commodities (CFTC) or anti-money-laundering whistleblower reward cases
- medical abuse matters, whether against a doctor or a hospital
- professional license defense
- criminal defense, family law, personal injury, immigration or general business disputes
A matter can be real without being one we can bring. Where we decline one, we will try to place it with a lawyer who handles that work.
What Has a Lawyer Who Worked With John Howley Said?
Tony Roman, attorney: “John and I were lawyers in a big, Park Avenue law firm. He was a partner and I was his associate. I was impressed with his leadership and his hands-on approach to handling cases. Because of thorough preparation, he knew the intimate details of cases and appreciated the different issues they raised. But he was also a creative advocate, so he knew when and how to step back to identify issues that truly mattered. He was also an effective communicator with a charming personality, well-modulated voice, and the ability to dissect and address complex issues in a clear and logical fashion.”
Who Works on a Referred Matter?
John Howley is the only lawyer who works full time at the firm. We bring in other lawyers as of counsel when a matter needs them, chosen for that matter.
If we take your case, it is not passed off to a paralegal or a junior lawyer.
How Is the Working Relationship Structured?
There are two arrangements, and we settle which one applies at the outset.
Straight Referral
The matter transfers. We take the representation, and your involvement ends at the handover.
Co-Counsel
Both lawyers stay in the matter, with responsibilities set out in writing at the start. The writing covers who appears, who takes which part of the work, and who communicates with the client about what.
Strategy on a matter we are conducting rests with us, and the written allocation says so.
Who Holds the Client Relationship?
On a straight referral, the client becomes our client and we hold the relationship.
On a co-counsel arrangement, both lawyers represent the client.
In either case, we never use a referred matter as a route to your other clients, and we don’t contact them.
How Are Fees Divided Between Our Firm and a Referring Lawyer?
Under New York’s ethics rules, lawyers in different firms may divide a fee only when all three of these are true:
The law: New York Rules of Professional Conduct, Rule 1.5(g).
1the division is in proportion to the work each lawyer does, or each lawyer takes joint responsibility for the representation in a writing given to the client
2the client agrees to the other lawyer’s involvement after being told that the fee will be divided and what each lawyer’s share is, and that agreement is confirmed in writing
3the total fee is not excessive
What Will You Hear From Us, and When?
You will hear that the matter has arrived, then our evaluation, then a clear decision rather than one left open. If the matter goes forward, we keep you informed of where it stands at intervals we agree at the outset.
A qui tam referral works differently, and you should know how before you refer one.
Under federal law, when a whistleblower brings a False Claims Act case, the complaint is filed under seal. It stays sealed for at least 60 days and is not served on the defendant until the court orders it. The government can ask the court to extend the seal for good cause shown.
What Happens When We Decline a Referral?
We may decline a referral after evaluation, on the merits or because of a conflict.
The matter then returns to you, and nothing has transferred. We will tell you what the evaluation found and, where we can, name another lawyer who handles that work.
We treat what we learn about a prospective client during the evaluation as confidential.
When Is Our Firm Not the Right Fit?
We are not the right fit for:
- a harassment or retaliation matter that arose outside New York
- a matter carrying your own conflict, which a conflicts check brings out before anything else happens
- a matter already filed by another lawyer, where the theory of the case is already set
- a qui tam matter where another whistleblower may have filed first, or where the allegations are already public, both of which we check first
- a matter where the client has been led to expect a particular result or timeline, or a fee structure we don't offer
How Do You Refer a Matter to Our Firm?
Send a conflicts-check summary first, then call (212) 601-2728. The summary covers the parties, the employer, the jurisdiction, the rough timeline, and whether anything has been filed. Send no client documents and no privileged material until the conflicts check has cleared.
Our staff answer the phone at any hour, in English and Spanish, and book a free, confidential consultation with a lawyer at the firm.
We take most cases on a contingency fee and advance the costs. In those cases, there is no fee unless there is a recovery.
We represent individuals in sexual harassment and whistleblower retaliation cases in New York, and in healthcare fraud reward cases in federal courts anywhere in the United States. John Howley founded the firm in 2012 and has been admitted in New York since 1990. Consultations are free and confidential. Call (212) 601-2728.