WHY HIRE A PROFESSIONAL SERVER WHEN YOU CAN GET YOUR BUDDY TO SERVE FOR NOTHING??
By Michele Dawn
RPS#117 Riverside and CA PI#24790
RANCHO ATTORNEY SERVICE OF CALIFORNIA
(NAPPS, CALSPro, NCISS and CAJP)
Is your process server a professional? Or are they just a delivery person? The following question was asked to a group of professional servers located in several different states.
Would you check the papers and notify your clients of any discrepancies? Or would you serve the documents "as is" and let the chips fall where they may? Or.....??
Thank you in advance for your responses.
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Amazingly, I received the following responses from eight different professional process servers within 24 hours of asking the question. Without exception, each person opted to be a part of the solution instead of part of the problem. The VALIDITY of the service - the FOUNDATION for all actions in that case to follow including successful collection of the judgment - took priority over anything else. Even though it’s the responsibility of the submitting party (not the process server) to verify the documents, the professional process server will generally know when something doesn’t look right and they will have the courtesy to alert their client who will make the final decision on how to proceed.
RESPONSES FROM EIGHT DIFFERENT SERVERS ACROSS THE NATION:
1) When I encounter errors I let the client know, and ask what they wish for me to do. (CL - Ca)
2) I always check to make sure that all the correct forms are in my packets. I also verify the addresses; in insurance cases the accident forms can be as much as 2-3 years old (RJ - Al)
3) The process server should “always” check the documents before serving, and identify ANYTHING that does not make good Legal common sense, such as those things you have mentioned in your question. Call the client and point out any discrepancy you uncover. If the client says, “serve it anyway”, fine. But more than likely they will thank you for catching these errors and correcting the documents before moving forward. I have made it a rigid habit to always check the papers long before I attempt service (like in the office) to avoid subsequent problems. The client and/or their office can make mistakes----as professionals we should be able to catch them and protect our integrity. (BV - Ca)
4) Typically how I would handle that situation, is to send a carefully worded email (meaning I don't try to tell them their job or sound like I know more than they do) to the client with my findings just in case there was an oversight on their part (even legal professionals get in a hurry and can make mistakes). If they did make a mistake, I'm usually thanked for pointing it out...or...get an explanation as to why the sent them the way they did. Again, usually it is a positive response for not "just serving as received and letting the chips fall where they may". (RB - Ca)
5) We never have and never will put out incorrect papers. And our clients appreciate this, and since we have paralegals and an ex attorney on staff it makes life a bit easier. (JR - Co)
6) I always check my documents that I am serving for my clients and let them know if there are discrepancies or missing information. I have very happy clients because I do this. It only takes a second as they are entered into my database. I obviously do not scan the entire document they have prepared, but if they said they sent me a Summons & Complaint and I’m missing the Summons, I let them know. Sometimes the Index #’s are missing, etc. I extend that courtesy to my clients and they know they can count on me to get the job done correctly. I take pride in doing the job correctly, and I feel that it includes serving the documents with correct information on them. They count on us to know all the proper procedures & rules for serving documents, as that is our expertise. To me, that includes checking what I’m serving for the obvious information before sending it out for process. (KT - NY)
7) I would check the docs as I have my clients' best interest in mind and let the client know of any obvious deficiencies or questions I may have. Additionally, in Arizona, there is a statutory requirement in our ethics code that the Process Server "…shall maintain the best interests of the client by maintaining a high standard of work and reporting to a client the full facts determined as a result of the work and effort expended whether they are advantageous or detrimental to the client" (ACJA §7-204, Appendix A, Standard 4(e)). (BG - Az)
8) Always check with your client if you think there is a problem with the papers. But it has to be done keeping in mind the egos of attorneys. I have always gotten praise and thank you’s for asking them if the papers are correct. Some attorneys don’t have assistants and no one to proof read. I always politely bring anything that might need correcting to their attention………it also makes you look much more competent. Sometimes it’s as simple as the date or county where an accident happened. Your catch could mean the success or failure of your client. Of course, the client may say, serve the doc as is, in which case such shall be noted on the work order and in the comment section of my proof of service. (SR - Or)
In addition to any required bonding, registration, and licensing (depending on State requirements), KNOWLEDGE, EDUCATION, HONESTY, EXPERIENCE AND CREDIBILITY are preferred qualities to look for when hiring a professional process server.
WHY HIRE A PROFESSIONAL TO SERVE YOUR PROCESS??
THE SUCCESS OF YOUR CASE MAY DEPEND ON IT!!
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