How e-signature works and what evidence it leaves

A firm sends documents for signature and files the signed copy. Months later someone asks who signed, when, and how the firm knew it was the right person. The signed file alone may not answer.

Different tools keep different records, and a firm that has never looked at them may find gaps at the worst time.

We found no independent figure on how often electronic signatures are challenged, and we give none.

What the law says is a matter for your attorney. In general terms, the federal ESIGN Act says that a signature, contract or record may not be denied its effect only because it is in electronic form, within the transactions it covers. It does not require anyone to accept an electronic signature. Florida has its own version of the Uniform Electronic Transaction Act. We describe these laws; we do not interpret them.

Some kinds of document have their own rules, and your attorney knows which ones. That is why the firm should decide with its attorney, document by document, where e-signature is acceptable.

• The firm uploads or generates the document and chooses the signers and the order
• Each signer gets a message with a link, and sometimes a code or another check of who they are
• The signer is usually asked to agree to use electronic records before signing
• The signer signs by typing, drawing or clicking, depending on the tool
• The tool seals the document so a later change can be detected, and sends copies to the parties
• The provider records events such as sent, opened, signed, declined or expired, in a log or a certificate of completion; what it records varies by provider

• Ask the provider what its certificate or log contains, and look at a real one from a test request
• Keep the signed document, the certificate or log and the sending message together in the matter file
• Choose a level of identity check that fits the document, with your attorney's input
• Use the firm's own templates, approved by an attorney, and not documents assembled in a hurry
• Decide how long the firm keeps the records, with your attorney, and confirm that the provider keeps them at least that long or lets you export them
• Check the signer's email address by a second channel when the document matters, since the link goes to whoever reads that mailbox

• Whether the signed copy and the evidence both return to the matter, not just one of them
• Whether the firm can export everything if it leaves the provider
• Who at the provider can read the documents, and where they are stored
• What happens when a signer declines, a request expires or a signer needs a paper copy
• Whether your attorney has said in which documents e-signature is acceptable and in which it is not