CALSPro - California Association of Legal Support Professionals

2013 CPPS Workshop & Exam Schedule

Posted January 25, 2013 in Education, Membership

CALSPro has posted the 2013 CCPS Workshop & Exam schedule at CALSPro.org/Events. There are currently 7 events scheduled for 2013 and the first 4 are open for online registration. The first of the Workshop & Exam events is scheduled for February 23rd in San Diego.

The CALSPro Certified Process Server (CCPS) designation was established to acknowledge those process servers who have extended their professional education and successfully passed the CALSPro process server certification examination. The CCPS examination is administered by the CALSPro Continuing Education Committee and consists of a series of questions relating to the law. The CCPS Exam is traditionally preceded by a workshop and the workshop and exam are offered throughout the year, throughout the state.

The Winter Issue of the CALSPro Press is out!

Posted December 19, 2012 in Conference, Education, Legislation, Membership

The winter 2012 issue of the CALSPro Press is out with great articles regarding new laws & lawmakers, sewer service, technology in the field and a conference recap with pictures.

CLICK HERE TO DOWNLOAD

eFiling in Orange County

Posted January 23, 2012 in Membership, Technology

e-filing. Just hearing the word is enough to make some court runners and attorney services get nervous; especially those attorney services earning a significant portion of their revenue from physical court filing. That being said, the demand for e-filing with the superior courts is on the rise.

When e-filing began in June of 2010, a single Electronic Filing Service Provider (EFSP) provided an interface for attorneys and individuals to electronically file documents directly with the court in Orange. Attorney services had to build their own e-filing interface to e-file with the court, or refer their clients to the Court’s website for them to access the existing EFSP and obtain e-filing capability. As of January first of this year the types of cases that are required to be e-filed in Orange County has grown, and as such, so has the concerns amongst attorney services that cover Orange County that they would lose out on this portion of this business.

The concern can now be eased as there are additional EFSP’s now available for electronic filing in Orange who allows third parties (attorney services) to e-file on behalf of their clients.

Now, if an attorney service has a document that needs to be e-filed with Orange County, they can set up an account and e-file through an EFSP by manually entering the information into their system. For some attorney services, this is another option, rather than building their own  e-filing system or turning their clients away.

We have heard that other companies have built or are currently in the development stages of efiling systems where the law firm clients of an attorney service might have the option of doing the data entry and submitting it through their attorney service’s site or a possibly a site with their attorney service’s name and logo will be on it.

The CALSPro Technology Committee will be keeping a careful watch on the progression of efiling, and will continue to keep our membership informed of any new developments.

Words of Advice on Preventing and Dealing with Assault

Posted November 18, 2011 in Education, Membership

First, it must be made said that the Association does not provide representation in or out of court.  Instead, we hope to impart some advice to you all based on our experience.  Part of being a member of this Association is that you, like me, get to talk to people who have “been there, done that.  Like most people who have been in this profession for any length of time have experienced those rare, scary events that make anyone’s heart beat faster.

A quick bit of advice before I proceed and I must confess that 25 years ago, I did not heed this advice (of course I had an excuse-I was not as wise then! J) and it got me into trouble sometimes.

• Don’t think you are always serving the bad guy.  Sometimes the person being served is the good guy.  Approach every serve with respect and friendliness but also firmness.
• Not everyone is evading service.  Contrary to a somewhat popular belief (Process Server Rule #1 “They are all evading!”), some people are just not home.  Don’t think otherwise until you have the facts.
• Don’t jump fences, go into backyards etc.  I’m guessing you would get slightly irritated if someone did that at your home or business.   I would.  The Penal Codes that allow some exceptions to trespass for members of our profession (P.C. 602 (n) and P.C. 602.8) do not allow trespass in all instances!
• Do your homework.  Know the law (start with reading and re-reading the Code Sections mentioned in this article), know the area, know the documents, know the parties if possible (it always is in Family Law or Unlawful Detainer cases), have good tools (GPS or maps, cell phone, camera, tape, etc.).
• If the situation gets out of control, or if you don’t like the look of it when you arrive, leave!  No serve is worth your safety.

Second, even if you do it all right, sometimes things happen.  After all, for the most part, people are not happy to see us.  If something does goes awry, then be sure to write a narrative of what happened; as soon as you can.  Events fresh in your mind are more likely to be remembered.   If law enforcement responded to the scene, then obtain the responding officer(s) name and badge number and report number (if one is available).

Keep in mind that Penal Codes 241 (Assault) and 243 (Battery) state that if a Registered Process
Server is assaulted or battered, the guilty party may be punished “by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by
both the fine and imprisonment.”  Of course, there are certain requirements (a.k.a. elements)
that must be met and the battery statute allows for even more severe penalties.  You can read
these code sections, as well as the trespass statutes mentioned above, in their entirety, at
www.leginfo.ca.gov/calaw.html.

You must be your own advocate throughout (including at the scene) this process.   Should you ask for citizen’s arrest?  Should you take pictures?  Should you get names of witnesses at the scene?  It depends!  For example, in one event recently related to me, the server asked to press charges but the officer told her that if she did, the subject probably would, and they would both go to jail.  She declined.  If officers do respond, stay calm and don’t raise your voice.  Your demeanor while talking to the officers will be perceived as your overall demeanor.  If you are a hothead, it will do you no good.  Worse, it will hurt your cause.

Perhaps you have other ideas.  I for one cannot comment or advise you on what you should do in any given situation and the Association would certainly want me to say that neither me, nor our officers, directors or any other member, are not advocating any particular response or advice.  Every situation is different and every company or person has their own ideas of how to respond to these issues, so if nothing else my hope is that this article will at a minimum generate some discussion with your boss, employees, contractors etc.  Be safe out there!

CALSPro Assault Advisor
Mark L. Schwartz
mschwartz@onelegal.com

San Francisco Court Update

Posted November 4, 2011 in Legislation, Membership

As most of you know the San Francisco County Superior Court recently modified their hours of operation for the clerks’ office now closing at 4:00PM every day.

Please note that the clerk will not file any document other than the one the clerk is currently working on at the filing window. Any other document(s) you need filed will have to be brought back the next business day. We, our customers, and the public currently have no other options as the court no longer provides a drop-box to submit filings at closing.

CALSPro is actively working to find a solution to help our members who are in the clerk’s office before closing time. Mike Belote has made contact with the Executive Clerk, T. Michael Yun through his connections at the AOC and Judicial Council, but as of now San Francisco Superior Court is sticking to their current policy as they are technically in compliance with the California Rules of Court and there is no code or provision to require them to do anything beyond what they are currently doing. Although, we understand the fiscal impact that the budget reductions have had on courts, all court users, including the public will be harmed severely, some irreparably, by this policy.

Our President, Chad Barger, recently sent a letter to Mr. Yun with a request, that a drop-box or some other method be available to people who are properly in line at closing time so that any applicable statutes will be protected.

Stay tuned for further updates.

Brett Peters
Legislative Committee Chairman