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Author: Brani Andreev, MBA, is an expert in nationwide management of process service, consultant, speaker, and developer of the breakthrough Management Model of the 4Ps™ that ensures the consistent quality of process service.
The judicial system did not escape the debilitating effects of the current challenging times. Courts shut down or moved to a virtual environment. Remote work became the norm and members of the legal community are fighting to find a stable footing. During these difficult times it has become crucial to rely on legal technology for everything from electronic filings to digital depositions to virtual hearings. Legal experts are providing insights and predictions as to the future of the legal industry and the direction in which it will continue to share. Few people in the legal industry have the experience and knowledge to weigh in the way Karl Harris, CEO of Lex Machina, can. In a recent interview with John Goodnow from Above the Law, Harris shared his insights on the changes to come and the factors that will allow law firms to succeed in the new legal world. 
Law Firms on the Cusp of a Fundamental Revolution
According to Karl Harris the legal industry will experience changes in the way they deliver their services. "The stakeholder that’s going to be driving the change is clients", Harris shared. He sees part of this revolution to involve a continuing shift away from the traditional billable hour model. “The billable hour, it’s just got to go away, right? Nobody likes it. Clients don’t like it, the associate that’s got the little timer on their screen doesn’t like it, nobody likes it.” Harris further explains that under the billable hour, “there can often be an adversarial relationship with a client and its outside counsel, as you’re kind of wondering, ‘Are we really in alignment? Are our incentives aligned? Are they doing the right thing?’ ”
To Harris, law firms that succeed and will continue to be change agents for the legal industry are the ones that lead their firms to become active partners in promoting their clients’ business goals. From a necessary evil and a line on an expense sheet, clients now take on a central role in the legal industry process. Harris believes that by sharing risk and aligning a law firm's success with that of its customer, firms will become more efficient with their own resources. Being efficient and moving toward fixed-fee work does not necessarily mean that a law firm's revenue will go down. “It’s okay if a fixed-fee arrangement actually results in a higher fee than what a billable arrangement would, because what the client is paying for is reduced risk, and people are willing to pay to reduce risk", Harris adds. Agile Enough to Meet Clients' Evolving Needs
According to Harris, the question is which law firms are going to be able to meet that change. In conversations with law firm leaders and partners, the number one question on their minds is if the firm is agile enough to meet the changing and evolving needs of their clients. Unfortunately, the answer to this question among paralegals, attorneys and legal assistants is negative. Law firms do not feel generally agile enough to meet the new and fast changing needs of their clients.
Harris said he sees this as a deeply untenable state of affairs, especially for law firms that employ a traditional fiscal system. “There’s a lot of risk, year to year, in the law firm model. At the end of the year, you pay out all the profits to partners and you start with zero. You finance the firm for three quarters of the year with loans from a bank. You’re not even in the black until the last few months of the year, and then you make all your profits. Like, if you make one mistake, it can bring down an entire firm.” One of the most important questions a law firm can be asking itself, according to Harris, is about its leadership team. “What’s the profile of the ultimate decision-makers at these large law firms? Are they nimble, technology-savvy? Where are they at in generational turnover, and what’s their willingness to take risk and make changes?” In the months and years ahead we see competition growing stronger and more sharp-elbowed. Law firms that are not ready to pivot quickly as circumstances merit could find themselves pushed right out of business.
Leveling The Field
Based on fast technological advances in the legal industry, small and midsized law firms are quickly embracing new tools and applications. Technology is becoming a great equalizer in the legal field, one that allows small and midsized firms to punch above their level. These changes lead to an increase in competition, that challenges the status quo for large, highly leveraged law firms. As more attorneys have the tools to service their clients, the level of competition and customer service goes up, and the legal industry begins catching up on the ground it has lost to the broader business world. Harris gave the example of trying to decide whether to file a motion for summary judgment in a major case. The traditional method of making that decision might be to email blast the firm for insights on the judge or opposing counsel, and then trying to use whatever anecdotes arrive to supplement the attorney’s legal reasoning and judgment. With Lex Machina, however, an attorney can click a few buttons to pull statistics on:
“What AI is doing right now is massive pattern matching at scale", according to Harris, "That’s what machine learning, natural language processing does: it makes sense of patterns that may be too hard for the human to hold all the data in their mind … . It’s great at processing lots of data at scale, but it’s just matching patterns. There is no intelligence that’s replacing your judgment, so don’t be afraid of AI. Embrace it. Leverage it to your advantage.” Software can quickly pull the 10 most recent successful and unsuccessful MSJs a given judge has ruled on, or calculate what percentage of cases of a certain type succeed or fail in a given jury pool. And software does it faster, and for pennies on the dollar compared to what it would cost an associate or partner to generate the same data. That data helps attorneys make better litigation decisions and helps them communicate more effectively to their clients on why a given recommendation is the right one.
Winners And Losers among Law Firms
“Law firms are going to need to change, and there will be winners and losers,” Harris noted. When asked about the one factor that, above all, will determine which firms succeed and which do not, Harris answers, “Law firm leaders need to make sure they’ve got that customer-centric product management approach. At the end of the day, the firm is your product. Be listening to your clients. Watch what they’re doing. Be aware of the data. Look how they’re evaluating your performance, and don’t fight that. Embrace it, because you’ve got to be in line with your customers.” Similar to factors that influence other type of businesses, the success or failure among law firms will always come down to how well we serve our customers. We live in a time where there are plenty of technological and innovative companies and leaders who give law firms the tools, know-how and actionable tools that would help them do what the legal industry already does but better. Tools like Lex Machina or PROServer List are just a couple of the many great solutions available to law firms, both large and small, to embrace the changing needs of their clients and truly get on the path of becoming winners.
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Author: Brani Andreev, MBA, is an expert in nationwide management of process service, consultant, speaker, and developer of the breakthrough Management Model of the 4Ps™ that ensures the consistent quality of process service.
Rarely anyone hears about process servers in the media unless there is a problem... 
Media covers topics that range from "a process server got shot in..." to changes in legislation due to improper service of process. Then there are the articles that mention "sewer" service and the implications on people affected by "bad" process servers. So how do we change that? How do we speak up for the thousands of great process servers who perform their duties and diligently serve the legal documents to help people exercise their Constitutional right to be heard and to defend themselves? Two articles from DCist this week are particularly disturbing to all professional process servers as the word "sewer service" popped up quite a few times in them. The first article "Thousands of D.C. renters are evicted every year. Do they all know to show up to court?" describes a months-long investigative project that turned up more than 600 cases in just two months where two process servers filed affidavits containing discrepancies. The result was that tenants were not properly notified of their court hearing dates and had little time to properly defend themselves. The article further addresses the fact that there is no mechanism in place in D.C. to check whether process servers are truthful in their affidavits and have accurately delivered the summonses. The second article "D.C. Council strengthens requirements for notice of eviction cases" follows up on the actions taken by D.C. Council to remedy the situation with sewer service and unanimously approve a new measure requiring landlords to provide photographic evidence that tenants have been given proper notice of evictions filed against them. This article further points out that this amendment came in response to the lengthy investigation as described in the first article. The Council is also planning on moving forward with additional legislation and a broader permanent measure in order to reconsider how to regulate the process service industry. Emergency Legislation Does Not Help Process Servers It is not a surprise that legislators move in to address issues whenever they arise as is the case in D.C. after the months-long investigation that uncovered wrongful tenants evictions due to sewer service. If self-regulation is not possible in the industry, then government as in this case has to act and fill in the gaps with what looks like an emergency legislation or legislation that arises from improper service of process. Such legislation is usually not beneficial to most process servers and does not provide a meaningful method in incentivizing process servers who diligently perform their duties. Sewer Service Media Coverage Does Not Improve Process Servers Reputation In addition to the emergency legislation that often comes out following media coverage of sewer process service, the effect on the reputation of all process servers is at stake. Both articles mentioned above make general statements that tend to imply that the process service industry is riddled by sewer service. The articles also lead us to believe that if it is not for the efforts of legislators, process servers will continue to fake service and provide false affidavits of service to the courts. None of the two articles emphasize on the fact that the sewer services that led to problems with tenants evictions in D.C. were the product of just two process servers.
Sewer Process Servers in NAPPS?
Prompted by a hint from a process server, the Process Server Center completed an independent research and confirmed that at least one of the process servers mentioned in these two articles is a current member "proudly" shown and marketed on the website of the National Association of Professional Process Servers (NAPPS). This fact itself is very troublesome as it further fuels the assumptions made by the two articles. It further leads us to believe that it is entirely possible that there are many other "sewer" process servers proudly marketing themselves as professional process servers on national process servers platforms. Self-regulation of the Process Service Industry is Necessary The two articles in DCist oblige us to react and stand up for all process servers in the United States who are professional and diligent, honest and hard-working. At the Process Server Center we are very disturbed by the findings described in the two articles and we strongly believe that all tenants will be properly notified of a pending case against them if they were being served by one of the many professional process servers in the country. Why legislation to correct improper service of process always targets process servers? Are law firms, paralegals and clients, in general, not responsible for selecting, hiring and managing these same process servers? At the Process Server Center we believe that the process service industry needs to advance nationally as an industry. We believe that self-regulation is the best approach in regulating not only process servers but also process service managers, lawyers, paralegals and legal assistants who manage, instruct and oversee process servers. We aim to change the way clients select process servers and offer a practical solution to find process servers based on their qualities and prior service record. We believe that self-regulation is always better than emergency regulation and we offer a progressive approach to limit the ease of entry to the process server profession, and award the truly professional process servers with the reputation and increased fees they deserve. Perhaps the time will come soon when media coverage would also tell us the story of the many great professional process servers throughout the country and we will be proud to read about them!
Author: The Process Server Center | PROServerCENTER is a legal professional organization whose mission is to set a national standard for the process service industry in the United States.
As reported by Vice this week, a company called Civvl says evicting people is the "FASTEST GROWING MONEY MAKING GIG DUE TO COVID-19." 
During a time of great economic and general hardship, many people are struggling to make ends meet, while others are trying to monetize on their hardship. Due to high unemployment, closed businesses and economic uncertainty millions are struggling to pay their rent. Being part of the small business sector process service agencies and individual process servers have seen their volume of services diminish. When both sides of the economy are struggling, a new startup is enlisting cash-strapped gig workers like process servers to help landlords evict tenants who cannot make rent during the Covid-19 pandemic. The company, named Civvl, aims to be Uber for evicting people, and to make it easy for landlords to hire process servers and eviction agents as gig workers. In addition to the ethical issues here, who is a startup like Civvl really helping?
It is not the first time that startups have tried to streamline service of process and make money off of process servers or streamline taxi service, making money off of drivers, as in the Uber case. Equipped with the right app building skills and an interested initial investor, a tech company can easily create an app overnight and throw money at it to market it. Similar to other apps, Civvl simply provides an online platform where during a time when there is a federal ban on evictions, the startup appears to pass all risk onto the companies using its platform. As the site states, it simply “provides lead generation to independent contractors," and does not actually carry out the work itself. Both landlords and process servers will be the ones responsible for the proper and legally correct service of notices to tenants, and they will be the ones carrying the ultimate burden while Civvl will monetize for using its app. A spokesman for the company, as reported by CBSNews, emphasized that Civvl is not actually carrying out evictions, but rather connecting independent junk haulers or process server contractors with opportunities to clear out property. "It's basically like a job center," the spokesman said. "This is no different than you going on Monster.com." What are Civvl Craigslist Ads Looking for? The listings in 17 cities, tracked by Princeton's Eviction Lab, call for workers who are a minimum of 18 years old, and brags that it provides a “true flexible schedule” and a “minimal background check.” The average Civvl worker, the post says, completes six jobs a day. Workers hired through Civvl are classified as independent contractors and are required to have their own car and liability insurance, among other things. The terms also ask users to give up their rights to sue the company and agree to resolve any disputes in arbitration. What the Startup Charges? The app charges workers $35 a month to use the service on top of a 30% cut of their earnings, according to its terms of service. Do Apps like Civvl Benefit Process servers and Clients? Let’s look at what legal professionals and process servers need in order to successfully complete the delivery of legal documents and let’s see to what extent this can be achieved by fast money-making apps like Civvl.
While it is tempting for tech companies like Civvl to try and monetize on gig workers like process servers, service of process still remains “personal” and it is still the most reliable way to ensure compliance with constitutionally imposed due process of notice to a defendant and the opportunity to be heard. Without proper service of process a court has no jurisdiction over a defendant and may not proceed. While it may look easy to create an app and connect a process server with a client, the “personal” factor still remains a huge component in service of process. Quality is still very much dependent on the knowledge and professionalism of both clients and process servers, and human management remains a very important part of service of process, a part that new apps cannot resolve at this time.
Author: Brani Andreev, MBA, expert in nationwide management of process service, consultant, speaker, and developer of the breakthrough Management Model of the 4Ps™ that ensures the consistent quality of process service.
Personal service of process has been the hallmark for initialing litigation for nearly 100 years primarily because it guarantees actual notice to a defendant of a legal action against him or her.
The author further argues that for the reasons set forth above, while electronic service of process may hold promise for the future, and until adequate technological measures are engineered that (1) satisfy constitutional Due Process requirements for the parties in a manner substantially identical to those provided by physical service of process, (2) more closely approximate the reliability of physical service of process and maintain a presumption of validity generally free from wanton and frivolous challenge, and (3) ensure that the security profiles, retention and validation capabilities of any such proposed system are engineered with true longevity in mind, personal service of process remains the most effective, reliable, and trustworthy method for providing notice of a pending lawsuit and an opportunity to be heard.
To learn more about how this process has worked with real cases and to see if it really was that simple, we inquired about service by Facebook with the team at Statewide Process Servers out of West Jordan, Utah, who affirmed that: “...We have had it happen 3-4 times in the last few months. They are divorce/custody cases in which they either do not have an address for the respondent or we are unable to serve the respondent at the addresses they have. Our client will file a motion for alternative service with the court in which they ask to serve the person through their confirmed Facebook page. Once the Judge signs the order granting it they send it to us. I then create image files of the documents and send them to the person through Facebook messaging. I take a screenshot of each image being sent through the Facebook messaging app and include them with an Affidavit of Service indicating that I served them via Facebook Messaging per the judge's order to do so.”
Author: The Process Server Center | PROServerCENTER is a legal professional organization whose mission is to set a national standard for the process service industry in the United States.
FOR IMMEDIATE RELEASE New York, NY – Associated Services, a nationwide process service management company, today announced that the company is partnering with the Process Server Center (PSC). PSC is a legal professional organization that has successfully developed the first platform to self-regulate the process service industry throughout the United States. Through this partnership, Associated Services and PSC aims to: · Implement the nationwide certification for process servers in order to upgrade the professional quality of services provided · Encourage the continuous training and education among process servers to support the orderly administration of justice · Facilitate the administration of Pro-Server List, the only Directory of Pre-Screened and Certified Process Servers in the United States to enhance confidence in the integrity of services provided by process servers · Provide a hassle-free solution for legal departments of government agencies, law firms and pro se clients to find professional and reliable process servers The process service industry has a huge market of process servers who constantly come and leave this industry. Process Servers are drawn by the ease of entry to this profession and the excitement to build their own business, all for less than 100 dollars. Self-regulation through certification, feedback incentives and a constantly updated directory of process servers is critical to ensure the consistent quality of service of process and eliminate hassles from improper service of process. PSC survey has proved that legal departments at government agencies, law firms and pro se clients will greatly benefit from advancing the training of process servers and utilizing a database that is constantly being updated to reflect the education, experience and real-time feedback for the quality of work and performance of process servers. “We are excited to support PSC in the much needed regulation of the process service industry”, says Brani, Andreev, CEO of Associated Services. “Providing the Know-How and Pre-screening of certified process servers in order to provide legal professionals the fast and reliable access to qualified, certified, pre-screened process servers is the most exciting opportunity the process service industry has seen in a long time.” Ultimately, Associated Services aspires to enable process servers to distinguish themselves from other process servers while providing clients with a reliable source of hiring the best process servers in the United States. According to the Bureau of Labor Statistics, there are currently about 15,000 to 20,000 process servers in the United States. Only 9 states now require initial statewide licensing for process servers and the responsibility to obtain sufficient education and training falls on each individual process server. "Both national and state associations, like the National Association for Professional Process Servers (NAPPS) require some proof of affiliation with the process service industry for one year in order to become a member”, says Richard Farrell, Program Director at PSC. “Aimed to solve problems in service of process and upgrade the quality of process servers’ directories, we are thrilled to partner with Associated Services to bring to the industry a results-driven approach to ensure the consistent high quality of service of process. Pro-Server List incorporates both entrance and continuous education and training requirements to maintain membership. This Exclusive Directory further differentiates between certified and pre-screened process servers in order to encourage members to get relevant education and also to implement the 4Ps™ Management Model in order to sustain service of process quality in the long run” About Associated Services Associated Services is a Nationwide Process Service Management Company. What ensures the consistent delivery of service of process is the management approach the company has developed and implemented based on more than 30 years of experience. Associated Services selects, trains, and oversees process servers throughout the country in order to streamline the process and save you time and valuable resources. Brani Andreev, CEO of Associated Services, has created this breakthrough management model that provides the framework that every process server must follow to ensure proper service of process every time. The 4Ps™ Model is based on relevant experience actively managing process servers and represents a breakthrough know-how for the process service industry. Associated Services is headquartered in Syracuse, NY. For information, visit www.Associated.Legal About the Process Server Center (PSC) PSC is a legal professional organization whose mission is to set a standard for the process service industry in the United States. The organization’s approach provides specific, actionable solutions to process servers and legal departments, the development of relevant training solutions for process servers and the administration of Pro-Server List, the first nationwide Exclusive Directory for Certified and Pre-Screened Process Server. The Process Server Center Team has 20+ years of experience in working with individual process servers, process service agencies, government agencies and law firms. PSC helps process servers build and maintain successful process service business while ensuring proper service of process and highest quality is provided to legal professionals. PSC is headquartered in Boston, MA. For information, visit www.TheProcessServerCenter.com Media Contacts: Brani Andreev, Associated Services Tel: 646-828-7748 B.Andreev@Associated.Legal Richard Farrell, PSC Tel: 917-409-7046 Richard.Farrell@CertifiedProcessServer.com SOURCE: Associated.Legal Related Links: www.Associated.Legal www.TheProcessServerCenter.com www.CertifiedProcessServer.com |
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