Quality over quantity is a principle that applies to many aspects of life, including process serving. When it comes to serving legal documents, professionalism and excellence are essential for a successful outcome. The goal is to execute all attempts with integrity, proper planning, and in accordance with rules and regulations. High quality service attempts demonstrate a commitment to excellence which can improve a case’s legal standing, increase efficiency, reduce costs, improve reputation, and lead to a more favorable case outcome. By focusing on attempt quality rather than quantity, law firms can ensure the process is conducted in a professional and effective manner, benefiting all parties involved.
Why More Attempts Do Not Always Produce Better Results
Law firms across the country are being affected by the rapidly increasing cost of process serving firms. Depending on the circumstances, service of process fees may be paid by different parties. In some cases, fees may be split between the parties involved. In other cases, the law firm may be responsible for payment. Most process serving firms provide a fixed amount of attempts before incurring additional costs. Among more than 1.2 million cases in which service was possible, 97% were successfully served within the first five attempts. Fig. 1. shows that spending extra money and time after 5 attempts is often ineffectual. In such cases, law firms need to consider alternative methods of service, such as posting or publication.
Fig. 1. Percent of Successful Service compared with Number of Attempts
How Quality Attempts Reduce Delays and Costs
Law firms face significant time challenges when serving legal documents. A process serving firm that prioritizes quality attempts over quantity saves time and improves efficiency. By focusing on a limited number of high quality attempts, the process server can increase their chances of a successful serve. This not only saves time and effort, but also reduces the risk of starting the process over and further delaying case resolution. Fig. 2 analyzes the number of service attempts in conjunction with days to complete service.
Fig. 2. Days to Complete Service compared with Number of Attempts
What Makes a Quality Process Server Attempt?
The planning of service of process attempts is critical for ensuring success. This requires knowledge of jurisdiction laws and regulations and awareness of the appropriate method of service. It is important to organize the timing of service attempts with consideration for legal requirements, the recipient’s privacy, and the circumstances of the matter. At Proceed, our process serving team uses a proven methodology designed to improve the likelihood of successful service.
We take a strategic approach which accommodates the defendants’ schedules to optimize the efficacy of our attempts. Our comprehensive approach understands that a quality attempt is not only dependent on timing, but also on diligence exerted. Our servers vary the timing of their attempts to increase the likelihood of finding individuals at home. They also utilize observational techniques such as assessing property conditions for signs of occupancy, documenting noteworthy property characteristics for future reference, engaging with neighbors, leaving detailed notes, and conducting thorough license plate checks to confirm residency. The meticulous execution of these techniques during the attempt itself is just as crucial as the timing of the attempt and results in a higher quality outcome overall.
Detailed Documentation Strengthens Every Attempt
It is essential to keep accurate records of all attempts including dates, times, and obstacles encountered. Properly recorded evidence can be used in court if necessary. We regularly review and revise any plan based on previous attempts.
How Technology Supports Consistent, Compliant Service
Our litigation intelligence system is designed to help process servers track and comply with complex rules and requirements. By integrating a vast amount of data, the system supports high-quality service in accordance with client, legal, and validation requirements. It provides servers with a comprehensive set of instructions when service is initiated and allows them to access those instructions at any time through the mobile site. The system also provides real-time feedback about outstanding requirements, helping servers remain aware of their progress and pending tasks. For example, when a weekend attempt is required, the system continues to notify the server until that attempt has been completed.
Quality Attempts Are a Smarter Business Decision
While the primary goal of a process server is delivering legal documents to the intended recipient, it is important to focus on quality over quantity. Not only does this enhance the success rate of deliveries and contribute to building trust with our clients, but it also lowers costs and reduces timelines. Taking time beforehand to make informed and thorough attempts can avoid costly and time-consuming re-attempts. Investing in quality attempts showcases a commitment to professional standards protecting the interested parties and is a smart business decision for law firms.
Better outcomes begin with better attempts. Contact Proceed today to discuss your service needs with our team and put our process serving experience to work on your next matter.
