A fellow process server’s TikTok profile raises questions about what kind of self-promotion is ethical.
I’m old enough to remember the day MTV went on the air, and that the first video played was “Video Killed the Radio Star” by one-hit wonder, The Buggles.
I still love the song and the video but can’t agree less with the song’s thesis. There were plenty of 1980s bands whose songs were great radio hits. And there were also plenty of bands that didn’t quite have the musical chops but sure had a great video that got everyone excited.
Thanks to Facebook, Instagram, TikTok and countless other social media platforms, we all now have the potential to be audio and video stars. And like all social media in general, we owe it to ourselves to be sophisticated producers and consumers of content. Social media can educate, inspire, and allow people far away to connect, or we can spend hours watching cat videos.
For me, TikTok is something I force myself to view only when doing a social media investigation. So I was pretty surprised when I found out there was such a thing as process server TikTok.
A fellow investigator forwarded me a link to the TikTok account of a Chicago process server who I will not identify publicly. Most of his videos are clips of him serving legal papers. Some of the content was pretty eye opening; videos purporting to be attempting service between 1:00AM and 4:00AM, treating defendants with what I would consider sarcasm or disrespect, or just general sensationalism of what should be serious and sensitive work.
My immediate reactions after watching a few of the videos
- I can’t believe he hasn’t been shot.
2. I can’t believe he hasn’t been arrested.
I can’t imagine knocking on anyone’s door after 11:00PM and not expecting that the person answering the door would have a weapon in their hand, have called the police, or both. Frankly, I can’t imagine knocking on anyone’s door after 9:00PM or before 7:00AM. It’s also hard to imagine that someone doing that wouldn’t be subject to arrest for harassment. There is no attorney who would want a process server using such tactics — or be able to defend them in court.
I’m also a firm believer in respecting people’s privacy and trying to understand their personal situations. If you’re going to post video of yourself serving legal papers, make sure that defendant names and addresses can’t be heard or seen. Furthermore, video taken when serving someone legal papers certainly isn’t an accurate portrayal of the whole of their lives.
Sure, it’s sometimes fun to see the sneaky defendant outwitted by the process server or caught in a lie, but we don’t get to see everything going on behind the scenes, either. As process servers, we’re usually the bearers of bad news, and I’ve found that the bad news we’re delivering is usually just one in a series of challenges in this person’s life.
Part of the job is never knowing who or what is on the other side of the door we knock on. Our presence can be the the final straw for some people. Why make matters worse by trying to make a viral video out of it? It’s on the borderline of exploitation — or maybe, well over the line.
Fellow investigator Brian Willingham did a wonderful service to our industry by creating the “Private Investigator Code of Ethics.” I couldn’t agree more with the second paragraph of his document:
“It is our obligation to pursue our clients’ legitimate interests within the bounds of the law, our professional ethics, and our moral values. Even a hint of unscrupulous behavior is not worth undermining our clients’ interests, our reputation or license.”
Brian Willingham
Should his code apply to process servers as well? Absolutely!
In fact, I suggest that private investigators and process servers abide by a code of ethics when it comes to social media posting. How about thinking of the following before hitting the “post” button:
- Is this post meant to educate, or merely to sensationalize?
- Does it inadvertently reveal information that could be used to identify the plaintiffs and defendants in an investigation?
- Does it appear to disparage or denigrate the subject(s) of the investigation?
- Does it present the investigator or process server as a respectful, compassionate, and ethical professional working in a legal manner?
- Would I want the judge trying the case to know this is part of my social media presence?
And finally,
- Would it make my mom proud?
It’s pretty obvious that video hasn’t killed the radio star. And there are many PI’s and process servers out there who have wonderful social media accounts designed to inspire, educate, and reinforce the idea that private investigation and process serving are reputable, respectable professions. Social media gives everyone an incredible stage and sometimes even 15 minutes of fame. As Peter Parker’s Uncle Ben once said, “With great power comes great responsibility.” So let’s use our power well!
About the author:
Jacob Osojnak is a licensed private detective and process server in the Chicago area. He can be found on social media via Facebook, Instagram and Twitter, where he fawns over silly signs, cute dogs and shiny new firearms.