How Process Serving and Law Firm Practices are Similar

There are striking similarities with the practice of law by an attorney and service of process by a professional process server. Let us examine what the two professions have in common.

Know the Law
Attorneys spend significant time in law school studying laws and developing conceptual knowledge and legal reasoning. They are trained to know the law, or at a minimum, know how to find applicable laws related to a pending case. That education pays off once they are practicing law and preparing cases.

While most professional process servers do not receive formal training or education, they are held to strict standards of having a full working knowledge of laws related to service of process. Those who take the initiative to learn every possible aspect of the profession, whether formally or self-taught, soon rise to the top and are the most successful in their field.

Follow the Law
Lawyers succeed by understanding the law and applying it to their case. While there are normally two competing sides to every case, there is usually case law that will support either side. That is why we have judges.

Process servers must follow the law in a different way than attorneys. The successful process server must understand the statutory law and the applicable case laws related to the type of service they are performing. There can only be one side and the process server must follow the letter of the law, both statutory and case law.

Look After Client's Interests
Attorneys have a duty to protect the interests of their client and to represent them in the best manner possible, ensuring that they receive all the benefits afforded to them under the law. Their duty includes making sure they communicate with their client effectively and in a timely manner. They must advise their client in a professional manner, keeping their objectivity and understanding of the law in mind at all times when counseling their client on any actions they should take. Further, attorneys have a duty to maintain privileged communications between them and their client, ensuring personal information is closely guarded.

Similarly, a professional process server has a duty to their client (the attorney) to perform the assigned services in a professional manner while following established industry standards and practices. They must also advise their client when the requested assignment violates the law or is not in the best interest of the attorney or his/her client. Example: Attorney assigns a service of process for a hearing whose deadline for service has expired. The process server has a duty to advise the attorney of the discrepancy with the attorney having the final say, provided it does not violate the law.

Win the Case
A lawyer has two primary objectives: 1) represent their client properly, and 2) win the case! That is why they are hired and what their client expects.

A process server has a similar goal: 1) represent the interests of their client, and 2) complete the assignment properly.

Build a Reputation
Successful lawyers become successful by practicing in a manner that satisfies the needs of their clients. Their clients become their best "word of mouth" ambassadors which leads to reputation building in a relatively short period of time. It is the quality of the attorney's work, win or lose, that creates a positive or negative reputation.

There are more process servers today than ever before and some are obviously better than others. The number of years of experience and the high quality of work product lead to the building of a positive reputation that makes a process server successful. Highly sought after process servers reach their level of success based on doing exceptional work that meets the needs of their clients.

While attorneys and process servers cannot be compared on a professional scale, the similarities of their responsibilities lead to the conclusion that both are vitally important to the legal process.

Nelson Tucker is CEO of Process Service Network, LLC in the Los Angeles area. He may be reached by email at processnet@sbcglobal.net or by visiting their website at www.processnet1.com. Nelson is active with the American Bar Association, Los Angeles County Bar Association, and the San Fernando Valley Bar Association.