CLPS Ethics and Laws 2 — Questions and Answers
Question 1: A process server discovers that the defendant is a personal acquaintance. What is the most ethical course of action?
- Serve the documents and disclose the relationship to the hiring attorney
- Serve the documents without disclosure since friendship does not affect duty
- Refuse the assignment and inform the hiring party of the conflict (Correct answer)
- Ask the acquaintance to sign a waiver before service
Correct answer: Refuse the assignment and inform the hiring party of the conflict
A personal relationship creates a conflict of interest; the process server should decline the assignment and notify the client so an unbiased server can be retained.
Question 2: Under the FRCP, how many days does a defendant typically have to return a waiver of service of summons form?
- 14 days
- 21 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
Federal Rule of Civil Procedure 4(d) gives the defendant 30 days to return a signed waiver of service from the date the request was sent.
Question 3: Which statement best describes 'sewer service'?
- Serving documents at a municipal water authority
- Falsely claiming service was completed when it was not (Correct answer)
- Serving documents near a utility access point for safety
- Delivering court papers through a building's mail slot
Correct answer: Falsely claiming service was completed when it was not
Sewer service is the fraudulent practice of filing a false affidavit of service while never actually serving the defendant.
Question 4: A process server is asked to serve papers on a Sunday. Which resource best determines whether Sunday service is permitted?
- The hiring attorney's instructions
- The local state statute on service of process (Correct answer)
- The FRCP exclusively
- The defendant's preference
Correct answer: The local state statute on service of process
State statutes govern when service may be made; many states restrict or prohibit Sunday service, so the server must consult local law.
Question 5: What does 'due diligence' require of a process server before attempting substitute service?
- One failed attempt at the address
- Multiple good-faith attempts at reasonable times and days (Correct answer)
- Contacting the defendant by phone first
- Waiting 30 days before attempting sub-service
Correct answer: Multiple good-faith attempts at reasonable times and days
Due diligence requires documented, good-faith attempts at varied times and days before courts will approve substitute service.
Question 6: A process server is offered a cash bonus by the plaintiff if service is completed within 24 hours. This arrangement is:
- Acceptable as long as the service is properly documented
- A conflict of interest that may compromise impartiality (Correct answer)
- Required to be disclosed on the proof of service
- Standard industry practice with no ethical concerns
Correct answer: A conflict of interest that may compromise impartiality
Incentive-based pay tied to achieving service can pressure servers toward dishonest or improper practices and creates an ethical conflict.
Question 7: Which of the following is an example of unauthorized practice of law by a process server?
- Explaining to a recipient what type of legal document they received
- Advising a defendant on how to respond to the lawsuit (Correct answer)
- Telling a recipient the deadline printed on the summons
- Reading the document title aloud during service
Correct answer: Advising a defendant on how to respond to the lawsuit
Advising a defendant on legal strategy or how to respond to a case constitutes the unauthorized practice of law, which is prohibited.
CLPS Ethics and Laws 2
A process server discovers that the defendant is a personal acquaintance.
What is the most ethical course of action?