Risks and Mitigation Strategies When Hiring and Using a Process Server
In the modern legal landscape, law firms must balance the demands of efficiency with the necessity of risk mitigation. This is true at every stage of the litigation timeline, including service of process.
Remember: Not only is proper service of process required by law, it is also an extension of the work of your law firm and, thus, it can impact the reputation of your practice.
Here we explore key strategies for optimizing process serving while minimizing liability for your legal practice.
Liability Risks in Process Serving
While technology offers numerous advantages, understanding the human element in process serving remains critical. Process servers are tasked with delivering documents to individuals who are often resistant, uncooperative, or difficult to find which can lead to delays, mistakes, or disputes.
Failure to serve documents properly can have severe consequences, including:
Improper or late service can derail case timelines, increasing costs and frustration for clients.
If service is deemed to be inadequate, the court may vacate judgment or dismiss the case, forcing your firm to restart the litigation process.
While process servers are typically independent contractors, law firms may still face financial liability in certain circumstances.
How to Mitigate Liability Risks When Selecting a Process Server
Several strategies can help reduce liability risks associated with process serving. First, select your process server carefully. Your vetting should eliminate any process servers who are not licensed, bonded, and insured. They should be covered for commercial general liability (CGL), errors and omissions, cybersecurity, and have their own workers compensation policy.
Ask for evidence of their reliability and knowledge of and compliance with legal standards and requirements for service of process in the geography where they need to be engaged, and the specific court where the case is being tried.
Before hiring a process server, ask them about their success rates, average speed to service, and knowledge of local rules. Know if they have a valid driver’s license and provide their own transportation.
Be aware that a background check may be required in some jurisdictions.
Ensure that your contract clearly outlines the scope of the process server’s responsibilities, indemnification clauses, and specific expectations for communication and documentation. Language should state that the service provider is an independent contractor and not an employee of the legal practice or firm.
Engage with a company that does the vetting for you, and manages a trusted network of professional process servers. This will save you time and effort. Instead of reinventing the wheel with each new serve, you can call upon a single source to match the right server with your case.
How to Improve Efficiency of Process Serving
As English poet Alexander Pope famously said, “To err is human.” At least for the near term, people will be essential to legal service of process, but adding a software solution to your workflow that is safe and secure can reduce the potential for error.
Digital platforms that offer real-time tracking, streamlined communication, job documentation, and customer support can save time and money for the firm, while reducing the potential for error.
Look for legal tech that easily integrates with your case management software and accounting system to automate rote tasks and scale effort to bring legal matters forward.
Final Thoughts
Process serving may seem like a straightforward task, but its implications for case outcomes and firm liability are profound. By implementing strategies such as closely vetting process servers and leveraging technology, law firms can mitigate risks, enhance efficiency, and best serve their clients.
At Proof, we believe that legal professionals should focus on what only humans can do, and let tech do what tech does best: store, track, measure, report.
