The Biggest Mistake Attorneys & Paralegals Make!

(when it comes to International service of process)

That’s a pretty provocative headline – attorneys and paralegals don’t make mistakes, do they? In the case of international service of process, mistakes are the norm but can be easily avoided.

Law schools forgot to teach about serving civil process on defendants out of the country so it’s not the lawyer’s fault that they do not have the expertise when it comes to such service.  Paralegals, too, were not taught about a topic that may seem innocuous since, until recently, there was not much demand for such knowledge.

[So, what is the most common mistake that legal professionals make?  It is getting the wrong information from unreliable sources. ]

Times have changed and as the world shrinks and the global economy expands, the need for international process service has multiplied in recent years.  Attorneys in every discipline have had, or soon will have, the prospect of serving a defendant or witness in a foreign country.  When that occasion arises, get ready for the possibility of some serious errors that will delay the case, or worse, cause it to be dismissed! 

So, what is the most common mistake that legal professionals make?  It is getting the wrong information from unreliable sources.  Those untrustworthy sources include (believe it, or not) the U.S. Department of State, online postings, and process servers who are not qualified to answer questions about international service of process.  Please allow me to address each of those without seeming self-serving. 

The State Department is, to say the least, a bureaucracy filled with employees who have limited knowledge of issues outside their own narrow expertise.  If you do not believe that, just try communicating with the department on a specific issue.  Now, do not get me wrong, there are some extremely capable people there who are hidden away from public contact. They understand the ins-and- outs of international service issues – I know because I supply updates to them on specific changes in foreign countries as they become available to me through personal knowledge or my contact abroad.  The State Department’s website is often outdated and occasionally has erroneous information that is construed by an unknowing eye as fact. 

The second problem area faced by legal professionals is online postings by individuals, organizations, groups and corporations.  For example, a Google search for “Service of Process International” will provide you with websites on the first page (we are usually there, as well) that have inaccurate, misleading, and false information.  Blogs are full of information which, if followed, could result in civil and criminal prosecution against the attorney who arranges for the service.  That topic was handled in my blog in October 2011.  Bad information leads to bad results.  Be careful! 

The final category of misinformation comes from process servers who are not qualified to answer questions or provide guidance on international service issues.  Always ask the process service firm two questions: 1) “How long have you been in business?” and 2) “How long have you specialized in international service of process?”  Ask for proof of both in order to insure that you are dealing with a reputable and qualified firm.

In summary, call us and ask those questions, You'll be glad you did!