Lawyers encounter and work with process servers all the time. But those three words—“You’ve been served”—when the receiving attorney is the defendant in the lawsuit can take on a whole new meaning and make even the most experienced litigators act in ways that are not in their best legal interest.

It is not difficult to imagine the wide range of emotions a lawyer could feel in this situation. One lawyer who receives a complaint for legal malpractice could respond by lashing out at the client/plaintiff by phone, calling them names and potentially adding more evidence in support of the claim. Another attorney might react with extreme pity or guilt, reaching out to the client/plaintiff to apologize for the alleged error and promising to do everything to make it right. Both reactions—while are extreme—can create risks for the attorney’s legal position.