The Dutch– an exceedingly practical and direct people– have a saying: Goedkoop is Duurkoop. Cheap is expensive. We of the anglophone persuasion have a variation on that theme: you get what you pay for.
But the Dutch version captures reality far more forcefully. Cheap is expensive is an apt way of articulating the constant tension between price and value. That tension pops up its head in everyday household shopping, high-stakes litigation, and everything in between.
Plaintiffs’ lawyers seeking to serve defendants abroad have myriad choices in how to go about getting the job done:
- They can DIY that thing (I don’t recommend it).
- They can call their usual process server (occasionally a good idea, frequently a bad idea).
- They can use a document automation system to fill out the right forms in the right way (shameless plug right here). A sort of “assisted do-it-yourself” option.
- Or they can hire one of the few lawyers who handle overseas service on a regular basis (wink, wink).
All of those options bring different costs to the party, but choosing the right way necessarily includes a price versus value analysis. I can tell you categorically that my firm will not offer you the lowest price tag. And no, we aren’t K-Mart,* so we don’t price match. I don’t say that out of hubris– I say it because price matching presumes like-for-like, mass produced, fungible goods. That’s not what we provide. [It’s not what translators provide either, but that’s the subject of a different post.]
If you’re a beer guy, you know that Heileman’s Old Style cans cost a third of what a local craft brew costs. If you’re mowing the lawn on a hot Saturday afternoon, Old Style does you just fine (I actually prefer it). But if you’re gathering around a green felt table for a game of cards with some law school buddies later that evening, you want something better (I highly recommend Kansas City’s own Boulevard Pale Ale, but that’s just me). The value proposition is key.
Flying to Seattle for a meeting with a client? Sure, you could fly a bargain airline for $99, but they’ll nickel & dime you for everything from carry-on space to emergency oxygen in case of sudden depressurization. For $299 on one of the Big Three, you get an actual seat belt, a real safety briefing, and if you’re kind to the gate agent, maybe a free checked bag. Even on the same plane, you can plunk down an extra fifty bucks for a bit more legroom (I’m 6’4″ and have to do that anyway) and a bigger cookie at snack time. Again, value versus price tag, based on your needs and resources.
Litigation is no different, really. You don’t want to hire the cheapest expert witness, do you? You don’t want to skimp on printing & binding for your appellate filing (I found that one out the hard way early in my career). And you don’t staff your firm with underqualified people because you can pay them less than you would pay an experienced crew. Those are all critical elements of a litigation practice, and value trumps price tag.
Ultimately, this isn’t something to shop around for, anymore than a litigant shopping around and choosing a law firm whose hourly fee is lower than the firm down the hall. They choose you (I hope!) because you could provide competent counsel and litigate vigorously on their behalf.
So why leave your overseas complexities to the low bidder? Or worse, why try to do it yourself? Truly, it may end up costing you more than you think.
Above all– don’t cheap out. Spend the extra money on address investigation in China. Pay a proper translation provider to handle your linguistic work. And for Kresge’s sake, don’t try to serve by email when you know darn good and well where your defendant is located.
Goedkoop is Duurkoop.
* Anybody else miss K-Mart? Blue Light Specials were awesome back in the 1970s, and in the 1990s, K-Mart Store #4465 gave me a great place to work as a college student.
