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Faxes to opposing counsel

Started by crayiii, May 25, 2005, 09:48:13 AM

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crayiii

I have been faxing copies of all documents to my wife's attorney that I mail to him.  For example, the day I mail a motion to he and the court, I also fax the attorney a copy.

Is this a "good" thing to do?  I am doing it out of courtesy but I don't want to be accused of burning up his fax paper.

Is there a size limit?  For example, I have a set of interrogatories that I will be mailing to him today that is about 15 pages.  Should I fax this large of a document or just mail it?

socrateaser

>I have been faxing copies of all documents to my wife's
>attorney that I mail to him.  For example, the day I mail a
>motion to he and the court, I also fax the attorney a copy.
>
>Is this a "good" thing to do?  I am doing it out of courtesy
>but I don't want to be accused of burning up his fax paper.
>
>Is there a size limit?  For example, I have a set of
>interrogatories that I will be mailing to him today that is
>about 15 pages.  Should I fax this large of a document or just
>mail it?

Some attorneys will agree to accept faxes as a substitute for service/commication by U.S. Mail, thereby removing the double paperwork. Usually, it's appropriate to write for and obtain written consent to communicate solely by fax, at the very start of a case. However, you can certainly do that now, if you think you will receive a positive response. However, you ought to have a fax machine available to receive correspondence if you chose this route.

Otherwise, it is appropriate to fax and mail, in order to give the other party timely notice. The down side of this is that you are giving the other attorney more time to consider your motion, which is why I generally do not use both methods, unless there is no time left before a deadline and I don't want the other party to make some lame "I didn't get your correspondence," claim that wastes time and may prejudice my case.

Also, each correspondence should be formated like so:

DATE

YOURNAME
STREET
CITY, STATE ZIP
CONTACTFONE

ATTORNEYNAME
LAWFIRM
STREET
CITY, STATE ZIP


By FAX to 555-555-5555; original to follow by U.S. Mail

Re: Marriage of ______, ______ Court, Case No. ???????

Dear Mr. ATTORNEYNAME:

etc...