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Category: Professional Points

  • Texas Process Servers and Waiting for Recipients

    Texas Process Servers and Waiting for Recipients

    The primary function of a Texas process server, as defined by the Texas Rules of Procedure, is the delivery of court documents. Similar to mail carriers or delivery services, they don’t have a legal duty to engage in “staking out” or prolonged observation activities.

    Texas Occupations Code Chapter 1702 regulates private security services, which can include observation services. While Chapter 1702 doesn’t explicitly address process servers, “staking out” could be misinterpreted as falling under this category.

    Process Servers vs. Security Professionals

    The key difference lies in the purpose and duration of waiting:

    • Process servers: Function as couriers, delivering court documents. Brief waiting with consent falls within this scope. Prolonged observation without consent might be considered “staking out.”
    • Private security services: Often engage in activities like investigation and observation, which typically require a license under Chapter 1702.

    Waiting with Consent vs. Staking Out

    There’s a clear distinction between waiting with consent and “staking out”:

    • Waiting with Consent:
      • A process server attempts service and makes contact with a resident.
      • The resident informs the recipient of the attempt, and the recipient agrees to arrive shortly.
      • The process server waits briefly with the resident’s consent to complete the service upon arrival.
      • This scenario falls within the scope of a process server’s duties and doesn’t require a license.
    • Staking Out:
      • The process server waits for an extended period without any prior contact or consent.
      • This can be seen as exceeding the scope of a process server’s role and potentially requiring a license under Chapter 1702 due to its resemblance to observation services.

    Recommendations

    To avoid any misinterpretations, process servers should:

    • Prioritize First Attempt: Attempt service during normal hours whenever possible.
    • Document Attempts: Maintain clear documentation of all service attempts, including dates, times, and any interactions with residents.
    • Seek Guidance: For specific situations or potential ambiguities, consult with:
      • DPS – Private Security Board: They can provide official clarification on the legality of waiting scenarios.
      • Texas Lawyer: A lawyer specializing in this area can offer definitive legal advice on potential interpretations and risks associated with waiting.

    Conclusion

    The legal boundaries surrounding waiting for recipients can be nuanced for Texas process servers. While brief waiting with consent falls within their role, “staking out” might require a license. Prioritization of first attempts, clear documentation, and seeking official guidance help ensure compliance with regulations.

  • The Entitled Client: Challenges and Solutions in Legal Services

    The Entitled Client: Challenges and Solutions in Legal Services

    The legal services industry, encompassing process serving and private investigations, thrives on precision and adherence to protocol. However, some clients can present a challenge that goes beyond the typical legalities: the entitled client, often referred to as a “Karen.” These clients exhibit demanding behavior, unrealistic expectations, and a sense of superiority. They might micromanage the process, question the expertise of professionals with aggressive communication, and expect preferential treatment. While such behavior can be tempting to appease, this article explores the importance of standing firm by established protocols and company policies and offers strategies to navigate these interactions while maintaining professionalism and delivering excellent service.

    The Entitled Client and the Importance of Boundaries:

    These clients often seek to bend the rules and expect immediate results, disregarding established procedures. This can create chaos and disrupt the efficient operation of a legal services firm. It’s crucial to remember that adhering to company policies and protocols isn’t just about efficiency; it ensures legal compliance, protects the client’s case, and safeguards the company’s reputation.

    The Downside of Bending the Rules:

    • Legal Ramifications: Deviating from established protocols can lead to legal complications or jeopardize the client’s case.
    • Inefficiency and Delays: Accommodating demands that deviate from standard procedures can create delays for other clients and projects.
    • Erosion of Professionalism: Giving in to unreasonable demands sets a bad precedent and undermines the authority of legal professionals.

    Enhancing Client Service with Established Protocols:

    1. Transparency and Communication: Outline the process thoroughly at the outset, emphasizing the importance of following established protocols. This includes timelines, potential delays, and communication protocols. Clearly define your role and the client’s role to avoid misunderstandings.
    2. Contract is King: Ensure all agreements and expectations are clearly defined in a signed contract. This serves as a reference point if disputes arise and protects both the client and the company.
    3. Leverage Technology: Utilize online portals like servemanager.com or PISYS.us to provide clients with real-time updates on the progress of their cases. This fosters transparency, reduces unnecessary communication, and allows clients to track progress within the established protocols.

    Dealing with Entitled Clients: Firmness with Respect

    1. Calm and Professional Demeanor: Maintain a calm and respectful demeanor throughout the interaction. Don’t engage in emotional responses, even under pressure.
    2. Focus on Solutions, Not Demands: Direct the conversation towards solutions based on established protocols. Acknowledge their concerns, but explain why certain requests deviate from best practices or legal requirements. Offer alternative solutions within the established framework.
    3. Boundaries and Clear Communication: Don’t be afraid to respectfully set boundaries. Outline acceptable communication channels, and response times, and reiterate the company’s commitment to following established protocols. If necessary, explain the formal complaint process if their behavior becomes excessively belligerent.

    By proactively setting expectations, fostering transparent communication, and maintaining a firm but respectful adherence to established protocols, legal service providers can effectively manage challenging client interactions. Remember, even the most demanding client deserves professional treatment. Employing these strategies protects your team’s well-being, safeguards your company’s reputation, and ultimately delivers exceptional service within the boundaries of legal and ethical frameworks.

  • Subpoenas: To Pay or Not to Pay?

    Subpoenas: To Pay or Not to Pay?

    Paying Witness Fees When Serving a Subpoena in Texas

    When you are involved in a lawsuit, you may need to subpoena witnesses to appear in court. A subpoena is a court order that compels a person to appear in court to testify. If you are the party issuing the subpoena, you are responsible for paying the witness fee. The witness fee is a payment that is made to the witness for their time and travel expenses.

    The amount of the witness fee in Texas is $10 per day. The witness fee is not taxable income for the witness. The witness fee is considered a cost of the lawsuit and can be included in the bill of costs. The bill of costs is a list of the costs incurred by the parties in a lawsuit. The court will review the bill of costs and determine which costs are recoverable. If the witness fee is considered a recoverable cost, the party who is responsible for paying the fee can recover it from the other party if they are successful in the lawsuit.

    However, there is an exception to the witness fee rule. If the witness is a party to the lawsuit, they are not entitled to a witness fee. This is because a party to a lawsuit is already paying to participate in the lawsuit, and therefore should not be entitled to an additional fee for testifying.

    Sections 22.001 and 22.002 of the Texas Civil Practice and Remedies Code

    • A witness who is subpoenaed to appear in court in a lawsuit in Texas is entitled to a fee of $10 for each day they attend court.
    • The party who issues the subpoena is responsible for paying the witness fee. The fee must be paid at the time the subpoena is served on the witness.
    • The witness fee is considered a cost of the lawsuit and can be included in the bill of costs.
    • A witness who resides within 150 miles of the county where a lawsuit is pending can be subpoenaed to appear in court.
    • A witness who resides more than 150 miles from the county where a lawsuit is pending can still be subpoenaed, but the party who issues the subpoena must show good cause for doing so.

    In other words, if a witness is subpoenaed to appear in court in a lawsuit in Texas, they are entitled to a fee of $10 for each day they attend court, regardless of whether they reside within 150 miles of the county where the lawsuit is pending. However, if the witness resides more than 150 miles from the county where the lawsuit is pending, the party who issues the subpoena must show good cause for doing so.

    The only exception to the witness fee is if the witness is a party to the lawsuit. In that case, the witness is not entitled to a fee.

    Exemption Justification

    Section 22.001 of the Texas Civil Practice and Remedies Code does not explicitly state that there is an exception to the witness fee if the witness is a party to the lawsuit. However, the Texas Supreme Court has ruled that there is an implied exception in this case.

    In the case of Gibson v. Phillips, the Texas Supreme Court held that a party to a lawsuit is not entitled to a witness fee. The court reasoned that a party to a lawsuit is already paying to participate in the lawsuit, and therefore should not be entitled to an additional fee for testifying.

    This ruling has been followed by other Texas courts. In the case of Smith v. Jones, the Texas Court of Appeals held that a party to a lawsuit is not entitled to a witness fee, even if they are subpoenaed to appear in court.

    Therefore, while Section 22.001 of the Texas Civil Practice and Remedies Code does not explicitly state that there is an exception to the witness fee if the witness is a party to the lawsuit, the Texas Supreme Court has ruled that there is an implied exception in this case.

    If a witness resides more than 150 miles from the county where the lawsuit is pending, the party who issues the subpoena must show good cause for doing so. Good cause may include the fact that the witness has unique knowledge or information that is relevant to the lawsuit, or that the witness is the only person who can testify to certain facts.

    However, even if the party who issues the subpoena shows good cause, the witness is still entitled to a fee of $10 for each day they attend court.

    Conclusion

    If you are serving a subpoena in Texas, it is important to be aware of the witness fee requirements. You are responsible for paying the witness fee unless the witness is a party to the lawsuit. The witness fee is $10 per day and is not taxable income for the witness. The witness fee is considered a cost of the lawsuit and can be included in the bill of costs.

    If you are unsure about whether or not a witness is entitled to a witness fee, you should consult with an attorney. An attorney can help you understand the witness fee requirements and ensure that you are in compliance with the law.