Process Serving is a Verb

What I am about to say is something you already knew, but it is presented in a different way for your consideration.

“Process serving” is the procedure employed to give legal notice to a party (such as a defendant) of a court or administrative body's exercise of its jurisdiction over that party so as to enable that party to respond to the proceeding before the court.  “Verb” is derived from the Latin verbum meaning word that  conveys an action (bring, read, walk, run, learn, serve).  Most people understand both. So, why even raise the point that process serving is a verb?

A verb is usually something you DO – not something you think about or intend to do.  Process serving is an act that results in the legal documents actually being delivered to the appropriate party.  That requires action on the part of the process server.

Some process servers procrastinate about the task of completing a service of process.  That results in slow service and can jeopardize a case if deadlines are not met. The process server may cause liability to themselves and their client by delaying the attempts at service.

Here are 3 reasons process servers fail to meet the expectations of their clients:

1.       They do not have a strategy to get their assignments completed.  Too many people in business (and yes, process serving is a business) confuse operations with strategy.  Operational excellence is focused on doing the same things your competitors are doing – only better.  Strategy, on the other hand, is focused on being different than competitors. Process servers who understand the difference and take the steps to ensure that their strategies and operations are in alignment become the leaders in their profession.

2.       They are unwilling to say “no”. Since most process servers have not figured out what makes their business different from the others, they do not know when to say “no” and what to say “no” to. They seek to take in every possible assignment without regard to whether they can complete it correctly, timely, and profitably.  In other words, the money outweighs the ability to get the job done in certain cases.  If they do not have the resources to complete the assignment properly, they will likely have a disgruntled client in the end.

3.       Failure to align daily activities with strategy.   A clear and different strategy means performing different activities. For  example, if you normally spend 3 hours per day reading email, answering personal Facebook notes, and reading the sports page, you may be locked into a pattern that will soon leave you behind your competitors. If, on the other hand, you have a clear strategy of what you wish to accomplish and achieve, you will be forced to alter your activities to be in harmony with your strategy.

Process serving is a vital function of the legal system.  Those who excel are those with a strategy and purpose that is in alignment with the activities that they perform on a daily basis. Process serving is a verb because it requires action combined with a strategic intent.

Nelson Tucker is CEO of ProcessService Network, LLC in the Los Angeles area where his firm has provided legal support services since 1978.  He has authored 3 books on service of process and has personally trained over 1700 process servers and investigators nationwide.  Nelson may be reached by email at processnet@sbcglobal.net or by visiting his website at www.processnet1.com.  He is active with the American Bar Association, Los Angeles County Bar Association, Beverly Hills Bar Association, and the San Fernando Valley Bar Association.