Most people will look at this and come to conclusions on many different sides of the issues or guilt. As a process serving agency, we look at this a little differently. I don’t know if we are going to get the papers to serve this but it may not be as easily served as you might think. Let’s assume the papers are being served in Manhattan, since Sept 11, 2001 most buildings will not let you up to the respondents’ floor to serve the lawsuit. They may direct us to the mail room or messenger center. Good service, only if they have an authorized agent or managing agent there. Most of the time they don’t.
The process server will probably go the the address of DLA Piper, Milberg and the other respondents to serve the lawsuit. The concierge or security will stop us from going to the premises and we will be forced to call them from the lobby. The defendant will decide who, if anyone, will come down to accept service. They will generally ask what it is and we will tell them as little as possible. Doesn’t always work and chances are we will have to let them know exactly what it is and who is involved. (Our View Continued below)
Facebook Sues Law Firms Claims Fraud
By BARBARA ORTUTAY AP Technology Writer
Facebook is suing several law firms that represented a man who claimed he owned half of the social network and was entitled to billions of dollars from the company and its CEO Mark Zuckerberg.
The case was dismissed in April and the man, Paul Ceglia, is facing related criminal charges. Facebook Inc. and Zuckerberg filed a lawsuit Monday against DLA Piper and other law firms and lawyers, saying they conspired to file and prosecute a fraudulent lawsuit. DLA Piper is one of the world’s largest business law firms.
In its lawsuit filed in New York State Supreme Court, Facebook claims that the lawyers representing Ceglia “knew or should have known” that his lawsuit was fraudulent and “based on an implausible story and obviously forged documents.”
They may decide not to even come down to accept service of process. But if they do come down, it may be in five minutes or maybe up to an hour. When someone does come to the lobby, it may be an attorney, paralegal or more times than not, an assistant or secretary. If they come down without knowing what the papers are about, they may look at them and suggest they are not authorized to accept the summons and complaint or they may call their supervisor; tell them what the papers are and any number of scenerios may happen.
If they do send someone down to accept service and they say they are authorized, we will serve it on the individual on behalf of the firm. With the hope that they are actually authorized as they say. This may backfire as when the powers that be get a look at the papers that were served, they may come back and call for a traveres hearing citin the papers we improperly served. Nightmare for the server and the process serving agency, although we have not lost a traverse hearing since the mid 1980s. We have only had 12 in that time frame. But why worry? Watch this interview with another process server and find out what could and did happen. I know this is not fashionable but some lawyers and law firms, I don’t want to say lie, but may position themselves or the firm to have, shall we say, an out or options.
Now, if they refuse to come down, there isn’t a lot we can do about it. We will discuss it with our client and serve the papers on an authorized agent, partner or member of the firm at their residence or wait for them to leave the building and serve them outside.
Now comes the scenerio with the NYC DCA regulations that makes it interesting. We may ask our client what they want us to do if they send down a paralegal, secretary or assistant. Or we may call them from the premises if this happens. They may tell us to leave it with them or force it on anyone who comes down; even if they state they are not authorized to accept service. This can be quite a scene with people throwing the papers back at our servers or throwing the papers on the lobby floor and walking away often times without giving us their name or title. And sometimes swearing at the server. OH MY!!
Let me be clear about our concerns. Before the process serving regulations this happened all the time. First of all is it proper service? No, but what are we going to do, make our client angry? We may have a discussion with our client about stating on the affidavit that the person who we served stated they were NOT authorized to accept. We may even discuss alternate means of service, meaning service via New York Secretary of State, CT Corp if applicable or once again going after one of the partners or managing members at their residence.
Let me be clear about our concerns. We will do as much for our clients as we can but we have to keep the regulations in mind. The last thing we want to do is lose a traverse hearing and get fined up to $100,000.00 for improper service.
Then again, nothing may happen!! Some law firms are pretty good about accepting service. But when they are a named defendant….Who knows!!