There is a method for everything in life: and to solve every problem, we must find the right one. For example, there are two ways to walk through a door that is only five feet high. One of them is to walk upright, and the other is to bend the back. When I try the first method, not only do I bang my head against the fall, but I have to resort to the second method. I call this the law of low door opening. Nothing forces me to bend over, but if I don`t see the connection between my waist and the opening, I can`t cross it. We have an equally clear relationship with life`s critical personal problems. If we do not recognize the fact and adjust our method accordingly, we collide with reality (p. 55).
If a civil action is brought in New York for medical malpractice, negligence, personal injury, or wrongful death, we are required to return your claim files to the persons who sued you. The legal documents that start your lawsuit are commonly referred to as subpoenas and complaints. If the people you sued have received these lawsuit documents, they must forward them to their insurance company. The insurance company will hire a defense attorney to represent them. When you serve everyone, “everyone” becomes your target demographic. This makes advertising difficult because you can`t tailor your campaigns to the needs, fears, and desires of a particular group, or use the resources of other specialists to find them (as discussed in last month`s newsletter). Choose a niche, and your marketing will be much more effective. You know exactly who to target and don`t waste money with people who aren`t interested in your services.
This goes hand in hand with point 1. If you are a specialist, you will get higher prices because you will be considered more experienced, unique and trustworthy. Drop the analogy of roof repair and ask yourself, “If I needed brain surgery, how much more money would I have to pay to get a brain surgeon done instead of a general practitioner?” I bet the answer was “a lot.” Mr. Process Server. Mr. Process Server who? Open the door, I have a gift for you. A process server is designed to ensure that the legal documents it has received are delivered to you. These documents usually inform you of the beginning of a legal dispute. Or it could be a document requesting your court appearance, also known as a subpoena. The person who gave you these papers must now confirm that they gave you these papers.
They are the second best. The best way to give you these papers is to give them to you personally. “Hey Mr. Jones, this is for you,” the process server said with a smile and an outstretched hand. The second best way is to leave a copy with someone who is authorized to accept these types of legal documents. Another alternative might be to leave a copy at your front door and then send a copy to the same address. Were they sent to you? Were they left at your door? Were they left in your office with a receptionist? Did someone give them to you? Were they faxed to you? Were they emailed to you? By asking these questions, the defense attorney tries to find out if you have received these documents correctly. If they have not been properly handed over, the defence lawyer will raise all possible objections.
They could argue that because you did not receive the claim documents correctly, you cannot participate in these court proceedings. Defense attorneys often claim that their clients did not receive these documents properly. In legal terms, this is called an affirmative defence of “lack of personal jurisdiction.” An affirmative defence simply says, “I don`t care about the merits of your lawsuit. You did not follow the rules of procedure and therefore we do not have to participate in your claim. What`s the problem? Do you know the term “straight door”? Otherwise, it`s the oldest trap in the lawyer`s book and a myth that drove many newly created lawyers into the ground before they even started. Practicing the “law of the door” means leaving your door open to any customer who wants to walk through it. Door-door lawyers practice family law one day, assault the next day and real estate law the next. Instead of specializing, they take every call and try to be everything to everyone, in a desperate attempt at stable cash flow. The place of the usual entry into a house or room in the house.
State v. McBeth, 49 Kan. 584, 31 Pac. 145. I know that this description makes the door law terrible – and that`s because I really believe it is. However, I also know that this is a strategy that many lawyers have used at some point in their careers to make ends meet. I fully understand why people choose the right at the door. If you are an individual practitioner or have just started your business, the simple truth is that you need money, and someone has probably told you that the law of the door is the key to earning it. It is commonly accepted that the best way to maximize profits is to cast the net of potential customers as far as possible. But in my experience, the opposite is true: the best way to maximize your profitability is to choose a niche.
People want to work with specialists, and if you specialize, your experience will increase your reputation and credibility in your field. Think of it this way: Who would you rather have your roof repaired? A dedicated roofing repairman who spends 40 hours a week shingles, or a versatile craftsman who would be just as happy to clog your sink? Chances are you`d choose the roof repairer because you`d trust them to do the job well. What is a “process server” and why do you need to know? A dispute server is someone hired by a lawyer to provide you with legal documents. The answer is no. This is not the case. There is a stranger at your door. You are not opening the door to a stranger. It doesn`t matter what they look like. It doesn`t matter what clothes they wear. It doesn`t matter what they say. You do not open the door to strangers. Better understanding would lead to better behavior.
For individual goals are not unattainable or achievable in a single way, but each path to fulfillment has its own sequence of necessary obligations (p. 62). This meant that the dispute server could not personally serve the claim documents and had to use another method to deliver the documents to the people you were suing. Why would a lawyer hire a litigation server to deliver claim documents? Can`t he deliver these papers himself? The answer is yes, but a litigation server is familiar with New York`s various legal requirements for the delivery of these legal documents. He or she is often on the road every day to deliver legal documents. If your lawyer did that, he would never do any legal work. He must actually swear that he gave them to you. He must swear in writing that he gave it to you. Legally, this is called an affidavit of service. An affidavit is a document in which you swear that something is true.
He swears that he “served” you with these legal documents.