Choosing the Best Process Server For Your Firm
As a civil litigator, when choosing a process server, you’ll consider more than a few factors, including the communication skills of the prospective service provider, and the process (no pun intended) by which they‘ll go about fulfilling your firm’s requests.
With service rates often similar, the difference may lie with the outcomes over a measurable period of time, and at least a handful of different types of cases and document recipients.
YOUR FIRM’S GOALS
When you need legal documents served on someone, the clock is already ticking. You need to find the best process server for the job. Not all process servers are created equal, so it’s important to know what to look for when choosing one. Here are six tips to help you choose the best process server for your needs.
Serving the parties related to your cases can often be a challenging exercise with the deadlines required from certain subpoenas and summonses Lapses in communication can delay the commencement of litigation or cause you to miss your internal deadlines. With most of your cases, immediate and frequent attempt updates are crucial to properly managing your cases.
THEIR OFFERINGS
Different service providers may use different systems to send you updates on process serving, site photography, or other field support efforts. Finding a provider with an all-in-one app or proprietary system may make it easier for different staff members to track the process serving attempts with which they have an active interest. Allowing attempt updates to go to as many or as few people as possible in your organization also ensures that communication doesn’t stop if any one person on your team is out of the office for a few days
Similarly, some process servers may not have processes in place to communicate real-time attempt processes to you, opting instead to only send you an affidavit when completed. Depending on your firm’s need for details and updates, as well as the deadline of your typical cases, this may work fine for you.
Some of the services that process servers offer may include:
Courthouse and police department records retrieval.
Running civil background checks and skip tracing to find witnesses and confirm correct addresses.
Conducting witness interviews or site photography.
Consider these Effective Questions To Ask Potential Servers
Are you aware of the proper service rules and current regulations for our state? What is the most challenging of these rules for you?
Are you aware of the federal service rules and proper proof of service documents to use for different federal cases?
Can you provide some examples of past proof of service documents you have filed with the Court?
What methods do you use for recordkeeping, especially for sensitive documents?
What other firms can you provide as references for your service?
Since your firm will ultimately be accountable for the validity of the serves, you’ll certainly want to see original documents related to any certifications required in your state to serve civil legal documents. You may also want to request background checks for any process servers who will be regularly working on behalf of your firm, or a background check for the owner of the process server company itself if you feel that would be appropriate for the caseload you will be sharing with them. This diligence can only better ensure the high quality that your firm will bring to every facet of your cases.
Ask for Numbers
Ask a few questions about the types of service requests that each service provider currently takes on.
How easily will they be able to manage the addition of your caseload?
This and other open-ended questions will provide you with an idea about the overall energy and honesty they bring to their work. Also, asking about their success rate and what they do to ensure a high success rate should provide helpful responses.
Numbers include their service rates for both routine and rush services, out-of-state jobs, and more, including their preferred payment terms. Rates are important but should be weighed along with the benefits they are bringing to the table.
What Professional Credentials Do They Have?
The professional credentials that a prospective server may or may not have, as well as the knowledge and skills in the field, are important. The depth of what some of your typical cases entail will determine the level of experience you need.
With all of your questions, you’ll be looking for specific examples and comfortable responses that flow naturally. Hopefully, you’ll be able to create a mental picture of how the candidate might go about working on behalf of your firm.
Do They Share The Philosophy of Your Firm and Staff Members?
What words do they use to describe clients, plaintiffs, and others?
What are some specific examples that prospective process servers can provide about how they have handled evasive or hostile defendants or witnesses?
Is this someone you would be confident in to act ethically on the (hopefully) rare occasion when the server would have to discuss past services with a judge?
Is this someone you would be proud to have your firm associated with?
Trust and Reliability
Reputation and the manner in which they would represent you are among the most important considerations when seeking the best process server to serve your legal documents for your firm.
Ask about their memberships in professional organizations, regional associations, and other legal industry affiliations. Seeking out past customer reviews and online feedback can also do a great deal to give you a complete picture of your candidates.
If you have any questions about our process server offerings, please refer to our Services page.
Best of luck to you and your organization on your future process server search.
