(Author’s note… we’ve just returned from two weeks in Scotland, and were to have posted this on September 16th, but held publication until after the funeral of Queen Elizabeth II. We were in Edinburgh, a mere hundred miles away, when she passed on September 8th, and Edinburgh’s rainy, gray evening seemed appropriate. This is not an obituary, but publication is held until after the ceremony out of respect.) Continue Reading “Where?” is the most important question: The United Kingdom
In the lion’s share of cases, I recommend to clients that, in Hague jurisdictions where they’re available, a higher cost service option may actually end up saving their clients a chunk of change in the long run. In just about all of those jurisdictions, we charge considerably more to have a defendant served privately than if we go through government channels; that’s just the way things work. But the initial price tag can be deceiving. Continue Reading *Of course* it costs more, but go 10(b) if you can.
<— Unless this thing used to fly over the jurisdiction where you’re serving, odds are pretty high that you’ll have to translate in order to satisfy the requirements of the destination jurisdiction under the Hague Service Convention. In most places, there’s no getting around it, even if your defendant was born in Chicago and taught Shakespeare for thirty years before settling in the Kobe Prefecture or a quaint village just outside Palermo. If you intend to serve him, foreign authorities will require a translation. Continue Reading Beware the lowest translation bidder– especially those who price by the page.
Every time I fly through Reykjavík (okay, technically Keflavik, but you get the idea), I think of these two guys. Continue Reading Perestroika, Glasnost, and a Safer and Saner World
From time to time, I catch myself ranting in this space. Not in this post, though. I had so many great conversations with clients today that my voice is hoarse. And there were so many recurring themes in those conversations that I suddenly feel the need to share my top tips for serving overseas defendants, and also to create sort of a digest of the best pieces of advice I can give a litigator who doesn’t want to screw things up. Continue Reading Seven Tips for Service Abroad
Several years ago, I posted my thoughts on the impracticality of litigators handling overseas service on their own. More recently, an interesting thought dawned on me. Frankly, it’s not very novel, so I couldn’t really call it an epiphany, but it’s an awfully important analysis to any trial lawyer who works on contingency. Continue Reading DIY service abroad? It’s costing more than you think.
Sorry, folks. Set aside thoughts of goulash, the Gabor Sisters, and nice chess games at a thermal bath… you’re litigating here, not sightseeing. But with a Hungarian defendant, the procedure before you really isn’t overly challenging. Service in Hungary is subject to the strictures of the Hague Service Convention. Continue Reading How to Serve Process in Hungary
Another FAQ entry here, with a very simple response…
Since we’re serving this foreign defendant under Hague rules, do they get extra time to answer?
Author’s Note: This is far from a scholarly criticism– it is a nuts & bolts look at how this thing should go down. Preface:
Frankly, I think electronic service is the only way to get these scofflaws served.
[Ten years ago, I had the great pleasure of visiting the Republic of Turkey on a CLE adventure. A dozen lawyers (some with their families!) had an amazing time hitting seven cities in ten days… and meeting some truly wonderful people. In a nod to that country’s wishes, I’ll spell it Türkiye* from here on out.]
Service of process in Türkiye is subject to the strictures of the Hague Service Convention. Continue Reading How to Serve Process in Turkey (Türkiye*)