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Tom's Tech Tips

Tom’s Tuesday Tech Tip: Mailed, Faxed or Scanned – What’s the Difference to a Certified Legal Nurse Consultant?

A fervent, or perhaps feral, reader recently asked me whether contracts with her attorney-clients that have “facsimile signatures” or are “facsimile contracts” are valid. A “facsimile signature” was originally a signature that was stamped or applied by mechanical means other than a handwritten signature. In the good ‘ole days you signed two copies of your contract and then mailed, FedExed or presented those copies to the other side who then signed them both, by hand or by stamp, and returned one fully executed copy to you by mail, FedEx or personal delivery.

In today’s world, we tend to use “facsimile contracts” which are contracts where the original contract is signed by one party and then faxed or scanned to the other party for their signature. That other party then signs the “scanned/faxed” contract and returns that fully executed contract by mail, fax or scan.

Here’s some good news for all CLNC® consultants – executed facsimile contracts are just as valid as those that are signed in person. The Uniform Electronic Transactions Act (or UETA) allows the formation and execution of a contract by either email or fax. In other words, if I sign, scan or fax a contract to you and you then sign, scan or fax it back to me – we’ve got a contract! We don’t even have to print out the final signed version and can keep it stored electronically.

If you push UETA to the extreme, it even does away with the requirement that there must be some final physical (that’s paper) document that all parties must physically sign (that’s put pen and ink or blood to). Under UETA an email setting out the terms of the contract that was replied to with “yes” or “I accept, agree, etc.,” will be considered just as binding as a paper contract signed by both parties. Again, you must keep that email stored electronically (or printed) somewhere. At LegalNurse.com we’ve been using facsimile contracts for years and recommend you do too.

Now, if you want to be extra careful, you could include a clause in your formal “Services Rendered for Attorney Agreement” that states something to this effect: This Agreement may be executed in counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile, or by email with a scanned or imaged attachment, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile, scanned or imaged signature page were an original hereof.

Even better, you could just get the attorney to sign your letter agreement while you’re in his office during that initial interview. Or, you could just use this Tech Tip as a reason to go buy a good scanner for your legal nurse consulting business so you’re ready to go!

Remember, so long as you can produce a copy of the document showing the signatures, the law will be on your side – no matter how you got to that copy.

Keep on techin’,

Tom

P.S. Comment and share whether or not you use facsimile contracts in your CLNC® business.

2 thoughts on “Tom’s Tuesday Tech Tip: Mailed, Faxed or Scanned – What’s the Difference to a Certified Legal Nurse Consultant?

  1. Hi Tom,
    This is excellent! I will save and use as a reference. We generally scan everything and it seems to work well. Occasionally, we need to send a fax but we do much more scanning.
    Thanks !!

  2. Nice idea, Tom. Will definitely try it. Thank you for helping us keep our tech skills on the go.

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*The opinions and statements made by Vickie Milazzo, the founder of Medical-Legal Consulting Institute, Inc. are based on her experiences and expertise, should not be applied beyond the specific context provided, and do not guaranty or project actual results. Vickie Milazzo is no longer involved in the operations or management of the business, but is involved as an independent education consultant.

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