CLPS Ethical Considerations & Professional Conduct 2 — Questions and Answers
Question 1: A process server discovers that the defendant is a close friend. What is the most ethical course of action?
- Serve the papers and disclose the relationship to the hiring attorney
- Serve the papers without mentioning the relationship
- Refuse the assignment due to conflict of interest (Correct answer)
- Ask the friend to sign a waiver before serving
Correct answer: Refuse the assignment due to conflict of interest
A process server should decline assignments where a personal relationship creates a conflict of interest to maintain impartiality.
Question 2: When a process server makes a substituted service by leaving papers with a co-resident, what must typically follow?
- A second personal attempt must be made within 24 hours
- A copy must also be mailed to the defendant's last known address (Correct answer)
- The co-resident must sign a sworn affidavit
- The plaintiff's attorney must approve the substitution in writing
Correct answer: A copy must also be mailed to the defendant's last known address
Most jurisdictions require that substituted service be followed by mailing a copy to the defendant's last known address to complete valid service.
Question 3: A process server is offered a bonus by the plaintiff if the defendant is served before a certain deadline. How should the server respond?
- Accept the bonus as it incentivizes timely service
- Accept only if the bonus is disclosed on the proof of service
- Decline bonuses tied to outcomes to avoid compromising objectivity (Correct answer)
- Accept if the bonus amount is under $100
Correct answer: Decline bonuses tied to outcomes to avoid compromising objectivity
Outcome-based bonuses can pressure servers to cut corners or falsify service, violating professional ethics.
Question 4: Which of the following best describes the ethical duty of a process server regarding confidentiality?
- Servers may share case details with anyone who asks
- Servers must keep case information confidential and share only as required by law (Correct answer)
- Confidentiality only applies to criminal cases
- Servers may discuss cases with other process servers freely
Correct answer: Servers must keep case information confidential and share only as required by law
Process servers handle sensitive legal information and have a professional obligation to maintain confidentiality except where disclosure is legally required.
Question 5: A process server is asked by the plaintiff to 'serve' someone who has already been served by another server. What should the server do?
- Re-serve the individual as instructed
- Confirm with the attorney whether duplicate service is legally necessary (Correct answer)
- Refuse and report the attorney to the bar association
- Serve and note the duplication in the proof of service
Correct answer: Confirm with the attorney whether duplicate service is legally necessary
The server should communicate with the attorney to clarify whether duplicate service is needed or if it would create legal complications.
Question 6: What ethical principle requires a process server to attempt service even when personally believing the defendant may not deserve to be sued?
- Neutrality (Correct answer)
- Diligence
- Confidentiality
- Accountability
Correct answer: Neutrality
Neutrality requires process servers to perform their duty regardless of personal opinions about the merits of the case.
Question 7: A process server realizes after filing the proof of service that they noted the wrong date of service. What is the proper ethical response?
- Leave the record as-is to avoid complications
- Correct the error by filing an amended proof of service with the court (Correct answer)
- Notify only the hiring attorney and let them decide
- Cross out the error on the original document and initial it
Correct answer: Correct the error by filing an amended proof of service with the court
Errors in official court documents must be corrected through proper legal channels by filing an amended proof of service.
CLPS Ethical Considerations & Professional Conduct 2
A process server discovers that the defendant is a close friend.
What is the most ethical course of action?