Legal Question in Business Law in California

I have litigated against a group two times, now is the start of the third case.

Each time I contact the defendant's attorney to notify her of the case she tells me that "she needs to check with the defendant to see if she is authorized to accept on defentants behalf".

My question is considering that she has accepted service twice for two other cases and that she is the defendans attorneys does she have a choice or is she required to accept docs - complaint - on defendants behalf?


Asked on 6/17/14, 12:11 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Representation of a client is on a case-by-case basis. The law firm is correct in telling you that it needs to check with the defendant to determine whether it is authorized to accept service for each case. To be on the safe side, you should serve the defendant directly.

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Answered on 6/17/14, 12:22 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Whipple. Once a lawyer has appeared in a case, she has a duty to accept service on her client's behalf of other documents within that case. But that duty does not carry over to new cases, no matter how many times the lawyer has represented the client before or who the prior opponents might have been.

If the defendant has officially designated the lawyer as its agent for service, then she doesn't need permission to accept your papers. That seems unlikely. If she's not the designated agent, then she really does need the client's permission.

Good luck.

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Answered on 6/17/14, 1:06 pm
Terry A. Nelson Nelson & Lawless

NO.

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Answered on 6/18/14, 1:43 pm


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