Faxing Legal Documents Securely: A Guide for Law Offices
Courts, opposing counsel and agencies still rely on fax. Here is how to send legal documents with confidentiality, proof of delivery and good records.
This article is for general information and isn't legal advice.
Fax remains part of everyday legal practice. Some courts and agencies accept filings or correspondence by fax, opposing counsel may request service copies by fax, and clients often send signed documents that way. Because legal documents frequently contain confidential client information, how you fax matters as much as what you fax.
Professional duties around confidentiality
In the United States, ABA Model Rule of Professional Conduct 1.6(c) says a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. Most states have adopted a version of this rule, and the commentary explains that what counts as reasonable depends on factors such as the sensitivity of the information, the likelihood of disclosure without additional safeguards, and the cost and difficulty of those safeguards.
The rule does not prescribe a particular technology. It asks you to think about risk and take sensible precautions. Your state's version of the rule, ethics opinions and any court rules govern your own obligations, so check them for your jurisdiction. Canadian lawyers should consult their law society's rules, which contain similar confidentiality duties.
Reasonable precautions when faxing
- Verify the number. Confirm fax numbers from an official source such as the court's website or the recipient's letterhead, not a forwarded email.
- Prevent typos. FaxToFax shows each number back to you, with its flag, before anything is sent, so you can catch a mistyped digit.
- Use a cover page with a confidentiality notice. State that the transmission may be privileged and what the recipient should do if it was received in error.
- Control who can see faxes. Use team roles so only appropriate staff can view the inbox and sent history.
- Limit retention. Keep faxes as long as your records policy requires, then let automatic deletion remove them.
- Keep an audit trail. An append-only log of who sent and viewed what supports internal review.
Court filings by fax
Fax filing rules vary widely. Some courts accept fax filings for certain document types, some only through approved fax filing agencies, and many have moved to electronic filing systems. Before faxing anything to a court, confirm:
- Whether the court accepts fax filings for that document type.
- Page limits, cover sheet requirements and any required fees.
- When a faxed filing is deemed filed, particularly near a deadline.
- Whether the original must also be submitted.
Delivery receipts as proof
A delivery receipt records the number dialed, the time the transmission completed and the number of pages delivered. Courts and parties often treat such confirmations as evidence that a document was transmitted, although the weight they carry depends on the rules and circumstances involved. FaxToFax provides a delivery receipt for every recipient. Save it with the matter file, and if your practice requires, include it with your certificate of service.
Keep in mind that a receipt shows the transmission was completed to a number. It does not prove that a particular person read the document.
Sending to multiple parties
When serving several counsel, you can send one fax to up to 50 recipients, each confirmed before sending and each with its own receipt. See how to send one fax to multiple recipients.
Receiving legal documents
Incoming faxes arrive in an encrypted inbox rather than a shared machine tray, so client documents are not left where anyone can pick them up. New-fax alerts appear in the app and the browser and never include the document itself. Staff sign in with a one-time email code, and sessions sign out automatically after 30 minutes of inactivity by default (owners can choose 15, 30 or 60), which helps if someone steps away from a desk.
A sample cover note for legal faxes
CONFIDENTIAL: This facsimile may contain information protected by the attorney-client privilege or work product doctrine. It is intended only for the named recipient. If you received it in error, please notify the sender immediately and destroy all copies. Any review, distribution or copying by others is prohibited.
Adapt the wording to your firm's policy. More on cover pages in what to put on a fax cover sheet.
Choosing a provider
Ask any fax provider how documents are encrypted, who can access them, how long they are kept, and what logs are available. You can review how FaxToFax handles these on our security page. When you are ready, get started; firms with several staff will usually prefer the Business plan, which includes 5 users and 500 pages a month.
