Can improper service of process outside the United States subject a client to criminal sanctions; or subject an attorney to a potential malpractice claim?
Yes! Regardless of U.S. laws or what a U.S. Court rules regarding sufficiency of service, there are a number of countries which consider service of process (even by mail) within their borders a judicial act, which violates their sovereign jurisdiction. Such countries as the Federal Republic of Germany, Japan, Italy, and Switzerland prohibit, and have penal sanctions against service of civil process which is not made in strict accordance with their civil codes (even on U.S. citizens abroad). Inadequate service could create some real problems. For example, the plaintiff could encounter foreign penal sanctions when attempts at discovery or execution on foreign assets are made. Also, the U.S. judgment could be unenforceable because of failure to meet foreign requirements. Cure in this case could be impossible if the foreign statute of limitations has run.
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