Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts

Monday, February 18, 2013

The Pitfalls of Process Server Companies That Hire Independent Contractors in Different States


The Pitfalls of Oklahoma Process Server Companies That Hire Independent Contractors in Different States
           
In today’s society, it seems as though outsourcing is everywhere.  From credit card companies that send customer service jobs overseas to firms like Nike and Apple that exploit laborers in factories overseas, independent contractors and outsourcing are everywhere.  Not only do the companies that overseas labor “enjoy” increased tax breaks, but they also limit their legal liability if something goes wrong (i.e., if a poor child gets his or her hand cut off while working).  In addition, these companies can often pay these individuals less, too, which is a definite added “bonus” for chief executive officers seeking to maximize their company’s profit margin.  While all of these benefits are aimed at helping the wealthy, they also have their downsides for both clients and the workers, and the same holds true for process serving companies.  The experts at Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com would like to elucidate . . .

Process servers who outsource their work to others in different states throughout the United States of America can potentially experience a multitude of headaches.  Professional process servers need to thoroughly investigate the individuals they hire.  How reliable are the Texas process servers?  Will a process server that gets hired to do a job in Florida, California, New Mexico, Kansas, or elsewhere perform the job effectively?  What are the customary fees associated with those areas, and which laws apply?  Will someone hired as an independent contractor know what is fair and reasonable and how to follow the laws?  These are just a few of many reasonable questions that Oklahoma process servers seeking to outsource their out-of-state work might experience.

It is true that an Oklahoma process server who owns and effectively runs a company can take care to avoid many pitfalls.  The process server can perform background checks, requesting references, etc.  In addition, performing a quick Google search can often help determine whether or not a particular process serving company has found itself plagued with a multitude of complaints.  The Better Business Bureau www.bbb.org is yet another resource to use when hiring, though most process serving companies do not list themselves with it.

Relative to finding out what fees are usual and customary for process servers in different states, sometimes making phone calls around to a large number of process servers can provide some meaningful insights.  Many process servers charge about what a sheriff’s deputy would otherwise get, while other Kansas process servers may charge more or less.  Indeed, those who do not own companies at all and just do process serving on a part time basis might require the least amount of money.  Oklahoma City process servers who conduct a thorough check, if time permits, of reasonable rates throughout the area are likely to find those who will do the job for the least amount of money.

One of the biggest headaches of hiring process servers who reside in other states is that an Edmond, Oklahoma process server cannot really control the quality of work.  If a process server in Moore, Oklahoma suddenly drops the ball and disappears from a job, then it is usually not too difficult for the Oklahoma process server who hired him or her to just go and do the job himself or herself.  However, if that process server lives in another state and the process serving company that hired the process server has no corporate address there, then fixing a problem (i.e., failure to do the job) can and usually will become much more difficult.

Another bad aspect of hiring other process servers in different states is having to deal with a plethora of egos, outrageous fees, etc.  Some process servers will even try to steal clients, and professional process servers will usually not consent to signing contracts which prohibit client stealing.  Even if they do, it is not always so easy to track whether the process servers in other states are stealing your clients.  That being said, those that do get caught often do not have any assets to sue for anyway. 

Sometimes hiring process servers who know their states’ local laws, are reliable, professional, affordable, etc., is just too difficult a task.  Indeed, hiring bad process servers in other states can actually end up costing otherwise reputable companies a great deal of business from attorneys and others who also use that same process serving company for work in their local area.  Each Oklahoma process server should carefully weigh whether or not the cost-benefit analysis  of hiring contract labor elsewhere is really worth it.  Of course, professional process serving companies are not the only ones who stand to win – or lose – with outsourcing.

Though it can take time, performing background checks, taking time to call references, and only working with process servers in Oklahoma who will sign a legal contract can help pay off in the long run.  Any process server in Oklahoma or elsewhere who refuses to do so is not someone that a firm should hire anyway.  Those who are dedicated and who have nothing to hide will not have any reason to worry.

Sometimes attorneys and others will claim that finding and keeping a very trustworthy, reliable, affordable, personable process server is an extremely difficult task.  Whether in Oklahoma, Texas, Arkansas, Kansas, Florida, or elsewhere, this is often true.  This is why those that attorneys and process servers seeking to contract out the work to others tend to prefer to hire the same process servers that do excellent work over seeking a new one for each job.

On the other side of the coin, numerous process servers can explain in detail how various professional process serving companies have cheated them out of money, have been very slow to pay, etc.  Indeed, in an effort to maximize profits, many professional Oklahoma process servers seek to pay others they hire only a mere fraction of what the client is actually paying.  The good and the bad can flow both ways, so it is important to ensure that all process servers also thoroughly investigate the companies that hire them beforehand, too!    

An Oklahoma process server who is trying to run an outstanding business should take special care to carefully weigh all of the pros and cons of hiring contract labor.  Process servers looking for work from large companies should do the same.  Some process servers run companies that help their customers throughout the entire nation, and they can indeed enjoy a great deal of success – if they take the needed precautions beforehand.  Others process servers in Oklahoma find that it is just not worth their time or effort, and therefore they do not even bother with hiring independent contractors.  Ultimately, each Oklahoma City process server company and the process servers who consider working for them must carefully determine the best course of action for his or her own professional company and those they work with.
   

Thursday, January 24, 2013

How Oklahoma Process Servers Can Successfully Handle Misguided Blame From Attorneys and Other Clients


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.