Is Deception Ever Acceptable When Process Serving?  0

The LinkedIn Discussion the Made Me Go “Hmmmm…”

By Kim Letus

 

I don’t know how many of our members have a presence on LinkedIn and participate in LinkedIn groups, but I have found them to be a terrific source of information and a very positive way to interact with other process servers and those in related fields. Process servers exchange helpful tips and information, discuss procedures for various types of work and request input on a variety of issues. Most of the discussions I have participated in through LinkedIn were very positive. There was one several weeks ago, however, that left me shaking my head.

 

The discussion began with a process server basically seeking input on serving a real estate broker by tricking the broker into meeting him under the guise of looking at a house that the broker had listed for sale. My immediate thought was that the process server must be quite inex­perienced to believe that such an approach was the best way to proceed. What surprised me was how many of the other process servers in the discussion, some of whom seemed to be very experienced,  offered advice on how best to play out this deception. It was apparent to me the some of them routinely engage in this type of ruse.

 

I, of course, entered the discussion and stated that in the many years I have been in business I had not found the need to proceed in this manner, and that I believed the straightforward approach to be much more effective. Nobody likes to be deceived. This type of behavior creates an adversarial, confronta­tional situation that is unnecessary. It is disrespectful to the person being served, is unprofessional, and contributes to the negative impression of process servers that many people have. I was comforted, and my faith was somewhat restored, when some of the others in the discussion offered similar input.

 

If process servers wish to be taken seriously and respected as an integral part of the legal system, this type of behavior must stop. If we wish to be thought of as professionals, we must act the part.  When others in our industry engage in underhanded, dishonest practices, it reflects negatively on all of us.

 

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