ABA Ethics Report Gives Green Light to Use of Fax Machines

In a long-awaited announcement, the ABA Commission on Communication and Ethics is expected to release its recommendation this week on the use of fax machines in a law practice. As expected, the Commission’s report concludes that the fax machine is “OK, but should be used with appropriate caution.” The Commission detailed several issues attorneys should consider in using a fax machine but otherwise gave the fax machine a green light for continued use in the profession.

“We felt that, given its technological advantages over a basic courier service, it was now time that the profession accepted the use of the fax as a means of communication,” the report states. The report, however, outlined three issues “of concern” for attorneys when using a fax machine, including “spamming clients, faxing physical evidence intended for trial, and failing to include a lengthy disclaimer that appropriately threatens the unintended recipient.”