A few years ago, I wrote an article about how fax numbers are still an important tool in the legal industry in some contexts. Indeed, some legal professionals cling to faxes even though email seems like a more preferable method of communication, likely owing to habit and the fact that fax might leave less of a digital footprint than email. Although fax was seen as a technology of the future in Back to the Future II, fax has been an outdated communication method for years. Legal professionals should take a hard look into whether they really need to cling to this past technology or embrace more modern methods of communication.
Earlier this year, I appeared in a court with which I had no experience. I needed to request some records so I called the clerk of this court to inquire as to how the records could be transmitted to my office. The clerk informed me that the court only mailed records or faxed records to parties seeking such documents. I inquired about whether the court could send records by email and was told that fax was the only option unless I wanted to wait for the clerk to mail the records to me.
This turned out to be a difficult process. Although I maintained a fax number for years for the once-in-a-year time I needed to receive documents by fax, I found out that my fax number had — unbeknownst to me — been disabled months ago. I then called around to some law firms and other outlets that might have a fax number and which might be willing to receive the fax and send me the documents by email. Even after I had a reliable fax number lined up, the fax from the clerk never arrived, either due to an error on the clerk’s end or an error by the outlet that was helping me.
Faxes pose numerous problems that email just doesn’t have. Perhaps most critically, faxes are far less reliable than email. There are frequent issues with faxes either because of user error, busy signals, not enough ink in the receiving fax machine, or because fax numbers have been disabled. Some fax numbers are configured in such a way that they just email a copy of the fax to an email address on file, and this is better than a fax machine printing something out. However, it would be far easier for parties to simply email items to a recipient rather than rely on an outdated intermediary.
In addition, faxes are impractical in a variety of contexts. Often, fax machines have page limits. Quality issues with the images that are sent and received can also be a problem, since faxes work best with simple black-and-white documents. Moreover, fax numbers may require additional subscriptions or upkeep separate from an email address, and faxes might be missed if a party does not maintain their fax number in the appropriate way.
Many technologies within the legal profession have become obsolete in the 13 years (so far) I have practiced law. I remember conducting research with books, which is very rare in the present, and I remember when tape recording was a widespread way to dictate letters and other documents in law offices. When I was a summer associate, I was thrilled to get a BlackBerry, and I felt that any serious legal professional should have one to be connected to work matters at all times.
Fax numbers are just another obsolete technology that should be transitioned out of the legal profession in favor of technology that is undeniably more efficient. Although there may be growing pains for some, the legal industry should modernize and part ways with outdated communications technology.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.
