This document is designed to provide guidance on practices related to the service of process in connection with Tracenet accounts, however it is not intended to be all-inclusive. Tracenet Legal Services requires those who serve process on behalf of Tracenet Legal Services (“process servers”) to be knowledgeable of, and adhere to, all applicable laws, rules of procedure, and administrative/court orders at all times. Adherence to this Code is mandatory, and violation may result in a termination of Tracenet Legal Services business relationship with the process server or agency.

 

This Code is not intended to supersede Applicable Law and wherever there is a conflict between this Code and Applicable Law or any contract with Tracenet Legal Services, Applicable Law and/or contract shall of course prevail. For any clarifications or questions regarding this Code, please contact Jamie Clark at equiries@tracenet.co.uk.

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1) Professionalism and Ethical Guidelines

 

• All process servers are expected to appear and act professionally at all times when performing services and shall not, at any time, misrepresent their identity, purpose or authority, imply they are the Police, or act in a manner that would reflect adversely on Tracenet Legal Services, its clients, the  or courts or any other organisation that is involved in the legal process.

 

• Process servers should refrain from attempting service where it is apparent that the individual to be served is suffering from a significant apparent physical or mental hardship situation. Examples of significant apparent hardship situations include, but are not limited to, individuals who are terminally ill, have significant mental disability or other extreme medical conditions that affect the person’s ability to mentally understand the fact of service or to physically accept the service. When a process server becomes aware of indications of significant apparent hardship, the process server or his/her agency must contact Tracenet Legal Services to discuss whether or how to proceed, taking into consideration the circumstances of the person to be served and the potential for reputational risk or negative media for Tracenet Legal Services or our clients. Process servers shall not proceed in these circumstances without the express written approval from Tracenet Legal Services, which may be by email.

 

• Unless there is an established operating procedure for a particular Tracenet Legal Services client that allows it, process servers shall not serve residents of nursing or convalescent homes or persons located in places of worship or hospitals. When addresses or leads associated with a consumer indicate residence in these or similar locations and there is no established operating procedure in place for that Tracenet Legal Services Client, the process server must contact Tracenet Legal Services to discuss whether or how to proceed, taking into consideration the circumstances of the person to be served and/or the potential for reputational risk or negative media for Tracenet Legal Services or its clients.

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• Process servers shall be courteous at all times and shall not engage in behaviours that cause aggravation to, or escalation of, contentious circumstances and shall exercise sound judgment in dealing with aggressive or difficult consumers. Process servers shall place a high priority on safety when serving Tracenet Legal Services work, including their own safety, and should remove themselves from an escalating situation as safely and quickly as possible.

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• Process servers shall not offer legal advice in the course of performing services. Process servers shall not make any assumptions or draw any conclusions regarding the cases in which they serve and will ensure that they address persons served in a nonjudgmental manner.

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• Process servers shall respect and protect the confidentiality of information contained within the documents served by them or otherwise made available to them by Tracenet Legal Services. Except for the fees normally paid by Tracenet Legal Services for services, process servers shall not profit from Tracenet Legal Services work or information contained in or related to that work.

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• Process servers shall not solicit or conduct business with any person encountered directly as a result of and while in the process of attempting service. For clarity, a process server may speak with an individual at a later time but not while in the act of serving that person with process for Tracenet Legal Services.

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2) Skills and Knowledge Guidelines

 

• All process servers must have knowledge of Applicable Law regarding service of process and maintain a working knowledge of proper methods of service. Process servers shall continue their education and training as needed to remain current with changes in Applicable Law and procedure. All process servers shall possess sufficient verbal and written communication skills to perform the services. Process servers are encouraged to join and actively participate in relevant trade/industry organisations or associations, and, if members, must be members in good standing.

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3) Accuracy and Integrity

 

• Process servers shall handle all legal documents with care and maintain required records in a professional manner.

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• Process servers shall keep Tracenet Legal Services reasonably informed about the status of the service and promptly comply with reasonable requests from Tracenet Legal Services.

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• Process servers shall stand behind and defend their work as may be required from time to time including providing affidavits, appearing in Court or at deposition to testify, etc. Process servers shall cooperate with Tracenet Legal Services and its clients in defending their work regardless of the status of the business relationship between the Process Server and Tracenet Legal Services at the time.

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• Process servers shall not allow another person to sign a Proof of Service or Affidavit of Service or other document attesting to the facts of service (“Proof of Service”) on his or her behalf. Process servers shall not use a stamp signature.

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• Process servers shall not knowingly or intentionally prepare or file a false Proof of Service or allow any other person to do so on his or her behalf. Should an agency suspect or become aware of any such circumstances, the agency shall promptly inform Tracenet Legal Services and us in any investigative efforts and in taking any necessary remedial action.

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• Whenever notarization is required on a Proof of Service, process servers must always sign in the physical presence of a Notary Public after taking an oath out loud.

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• Process servers should utilize systematic checks to ensure and validate effective accurate service (e.g., appropriate use of technology, digital pictures, compliance audits, etc.), and make the results of such checks available to Tracenet Legal Services for review as reasonably requested.

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• Systematic checks should ensure that all required fields are completed on Proofs of Service (no blanks, sufficient detailed comments on facts of service when required), and that the details in Proofs of Service match the details from email Instructions, field sheets, GPS, endorsed Summonses, etc.

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• Process servers should avoid any actions that create a perception that favorable treatment was sought, received, or otherwise given by Tracenet Legal Services in exchange for personal business courtesies. Such courtesies include, but are not limited to, gifts, gratuities, meals, refreshments, entertainment, or other benefits of an inappropriately lavish or excessive nature, of a frequent pattern, or which create an appearance of an attempt to influence Tracenet Legal Services business decisions or its employees or agents.

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• Process servers must avoid any activity that might impair, or appear to impair, their ability to make objective, disinterested and fair decisions when serving legal process. Should a process server or agency become aware of any situation whereby a process server’s judgment or objectivity could be affected (or was affected), Tracenet Legal Services should be promptly informed and, where applicable, any unexecuted process should be immediately returned to Tracenet Legal Services.

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• Process servers will promptly notify Tracenet Legal Services if they are given notice that service attempted or effected by them on behalf of Tracenet Legal Services has been made subject to challenge before any court.