Legal Question in Family Law in Missouri
serving papers
When a client hires an attorney and there are papers needing to be served to a person, Who serves these papers? Does the attorney have someone to do this or is it the responcibility of the hiring client to find a person to serve the papers. I am at a loss. Our attorney was hired to take a case involving child support and child custody. We are seeking to serve papers to the mother of the child and have been told that a server has made an attempt and has failed. we are now being told we have to find a person to serve these papers. We know where the mother lives and have given the address to our attorney. We are at a loss on what to do. Why are we being asked to find someone to serve these papers. I feel we paid our attorney to take care of this matter and we have had to do all the foot work. What should we do?
1 Answer from Attorneys
Re: serving papers
Typically, the attorney has someone take care of "serving papers." The legal term for this is "service of process." This is why professionals that serve papers are called "process servers." The attorney does not, and should not serve process in the case. They should either have the sheriff's department or a private process server serve the mother. I have never seen a situation where the attorney expected the client to find a process server. However, the cost is typically paid by the client as a litigation expense, but if you are paying the attorney a flat rate it might be a part of the flat rate. I would review your attorney-client fee agreement to see who is responsible for the cost of service of process. Most attorneys that practice family law or other types of litigation will have a private process server that they use regularly. Sometimes service of process can be difficult if the individual to be served (in this case, your mother) is attempting to avoid service. However, a good private process server will be able to get her served. You might also see if she will waive service of process. If the attorney is insistent that you must find the process server, you might consider hiring a different attorney to help you.