How Oklahoma Process Servers Can Successfully Handle Misguided Blame
From Attorneys and Other Clients
It goes
without saying that everyone makes mistakes.
This applies no matter whether someone is a doctor, lawyer, process
server, teacher, or even the president of a country. Mistakes are an inherent part of our human
nature. While it is true that Oklahoma process
servers can certainly make their fair share of mistakes, sometimes it is the
clients (i.e., attorneys, businesses, private individuals, etc.) who place
misguided blame onto hardworking process servers. There are many ways in which a process server
can handle the situation, and how an Oklahoma process server does so can make a
huge difference for everyone involved.
Let us
assume that a process server has received a set of papers to serve on an
individual. After taking all of the
necessary steps, he or she serves the papers on the person. After filing out the return of service and
sending it back to the client with a copy of the papers served, the Oklahoma
City process server gets a phone call.
The attorney on the other end asks, “Why did you deliver those documents to the individual? I never gave you those documents. Why didn’t you serve the documents I gave
you?” Of course, the attorney says this despite
the fact that the papers the process server delivered were the exact same ones
he or she received from the law firm, and they even had the person’s name on
them.
How else could the process server
have acquired those documents? Which
process server goes around searching out other documents in a case to serve on
a defendant/respondent that the process server does not need to serve? Obviously, an Oklahoma process server would
have no need to serve unnecessary documents.
What has most likely happened in
this situation is quite obvious: the lawyer did not give the process server the
right papers and/or changed her mind about having the services performed. Then the attorney wanted to unnecessarily project
the blame onto the process server and thus deflect it from herself. Perhaps the attorney works for a large firm
and is afraid of getting into trouble for her mistake. Thus, by saying the process server was at
fault, she can try to circumvent the blame and minimize the damage done to her
career.
There are many ways to successfully
and diplomatically handle this matter.
One of them involves having the process server calmly explain to the
client that he or she had no access to any other papers, and only served what the
attorney provided. Besides, why would Oklahoma
process servers want to serve unnecessary papers? However, if the attorney is determined to
deflect the blame from herself, this is unlikely to yield satisfactory long
term results.
Another approach the Oklahoma
process server can try involves offering to redo the serve. This, while it requires extra work on the part
of the process server, may help the client save face and thus use the same
process server’s services again. This
approach also eliminates any arguments.
Of course, this method also comes with numerous drawbacks.
Doing the serve again for free might
also affirm in the client’s mind that she was right to initially make such an
assertion. In addition, it will cost the
Oklahoma process server more time and effort.
This time and effort could prove to be especially taxing if the serve
took a long time to complete, and the process server may resent having to redo
it for free. Indeed, no process server
wants to have to continually redo serves he or she already successfully
completed over and over again for the same client. Depending upon the client, perhaps another
approach might prove to be more suitable.
A combination of these two
approaches can also prove to be effective.
The process server in Edmond, Oklahoma can diplomatically explain that
he or she served the correct papers in a timely fashion. Then, without allowing the situation to turn
into an argument, he or she could simply offer to serve the papers the attorney
or other client wants one more time.
Provided the case did not take an exceptionally long time to serve, this
allows the attorney to save face, eliminates harmful debates and arguments, and
might help the process server keep the client for future business. However, some process servers will
undoubtedly strongly disagree with this approach.
A process server could easily
contend that he or she is a licensed professional who deserves to receive pay
for the work he or she did. After all,
the attorney made the mistake, so why should the Oklahoma process server have
to pay for it by doing extra work for free?
Does the attorney perform services for free? Additionally, who is to say that the client
will even use the same process server again? These are all excellent contentions, and they
deserve serious consideration.
Oklahoma process servers who find
themselves in this situation should consider several things, which are noted as
follow:
Ø
How much other work does this client give the
process server?
Ø
Is this client a referral from another big
client?
Ø
Is this lawyer likely to go and tell many others
about the “poor service” he or she received?
Ø
Is it better to receive the pay in the short run
and possibly risk isolating the client in the long run?
Obviously,
process servers have to consider many different things when deciding which
approach to take. Either way, the process
server should, at the very least, receive pay for the successful serve he or
she already did. That should be
non-negotiable, unless those serving as Oklahoma process servers believe it is
better to simply forego the money altogether.
Oklahoma Judicial
Process Servers www.OklahomaJudicialProcessServers.com
takes great pride in helping clients from around the world. Our staff has, on very rare occasions, faced
situations similar to this one, and the client is not always right. However, if a process server want to find success
in the long term, taking a polite, diplomatic approach is always best. After all, clients are only humans, and they,
too, are just as vulnerable to making mistakes as other human beings who serve
as process servers.
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