Robin's Ruminations

The process serving industry is teetering on the brink of a crisis.  Over the past 20 years many of us have been so enthralled with doing things faster and cheaper that we've lost our way.  The evidence for this has been spelled out in a number of my previous posts.  We've lost the connection between our work and it's roots in the 5th, 6th, and 14th Amendments.  Realizing those connections allows for what amounts to self regulation.  We can ask ourselves if we're acting responsibly, honorably, and nobly.  

"Noble", that's an old word isn't it.  You don't hear it much anymore.  But it is a word that helps a person form their moral compass.  It helps answer the question "Should I do this?"  It may be legal but is it ethical?  Having a sound moral compass lets you know which is more important, acting legally or acting ethically.

Prior to the current economic crisis most of the actions made by government, business, and individuals were legal.  And yet they still led us into a crisis.  The reason being that their actions, though legal, were neither ethical or noble.  The result will be greater government regulation.   It seems obvious to me that there was a failure of self regulation.  The professions (attorneys, accountants, bankers, etc) failed to regulate themselves.  Short term profit was purchased at the expense of responsibility.  And the rest of the country simply followed along with an "eat, drink, and be merry for tomorrow we die" attitude.  Is there any wonder that China has a $2 trillion surplus while we (the US) run up ever higher trillion dollar deficits?

Process server around the country are faced with the same set of choices.  Do we put profit ahead of responsibility, honor, and nobility?  Will we fail to self regulate ourselves?  Unfortunately the answer is probably "yes."  If that is the case then, at some point, government will intervene.

I am convinced we need government regulation in Washington.  Not because we are experiencing anything like the sewer service problem so recently discovered in New York, but because it would be preventative to do so.  WSPSA moved a few years ago to interest the state Supreme Court in regulating process servers but the Court declined.  The only other alternative is the Department of Licensing.  I'm aware many process servers are gun shy of DOL but if we don't act first then, at some point, government will act for us.  When that happens we may have a lot less input into the rule making process than we do now.  The rules will be made for us instead of by us.