E-signatures for law firms

Legal practice adopts electronic signatures unevenly. Commercial contracts and client paperwork are routinely handled electronically; court filings and certain instruments remain governed by court rules and state statutes that vary widely. Knowing the boundary is the practical skill.

Comfortably electronic

• Engagement letters and fee agreements
• Outside counsel guidelines acknowledgements
• Commercial contracts in transactional practice
• Settlement agreements and releases
• Affidavits and declarations where court rules permit
• Vendor and premises agreements

Court filings: check the rules, not the statute

Electronic filing is now near-universal in U.S. courts, but filing electronically is not the same as signing electronically. Each court system has its own rules on signature substitutes, attorney verification, and whether documents require an original signature retained by counsel. Some rules require the filing attorney to maintain the signed original for a period and produce it on request.

Practically: read the specific court's e-filing rules, and if they require retention of an original, retain it and record where it is. Do not assume a platform's audit trail discharges a court-rule obligation to keep a signed paper original.

Notarised and recorded documents

Real estate instruments, powers of attorney, and some estate documents require notarisation. Most states now permit remote online notarization. Wills and testamentary documents remain excluded under both ESIGN and UETA in most jurisdictions — though this is an area where state law is evolving, so verify for the relevant state rather than relying on a general statement.

Client authorisation and conflict management

Where a firm signs on behalf of a client, the authority to do so should be documented in the same record. A signature applied by the firm without a recorded authorisation is an invitation to a later dispute about scope. Where possible, have the client sign directly rather than relying on delegated authority.

Privilege and confidentiality

Signature platforms hold copies of client documents. That raises two questions your firm should answer before adopting one:

1. Where is the data stored, and under whose control? Review the vendor's terms for anything that conflicts with your confidentiality obligations.
2. What is the retention and deletion policy? Client files have retention obligations; a vendor that deletes completed envelopes on cancellation may conflict with them.

Some firms negotiate confidentiality terms or use platforms configured for legal practice specifically. Treat this as part of vendor due diligence, not a footnote.

A practical policy for a firm

• Classify document types: routine electronic, notarised, court-filing, and wet-ink-only.
• Configure one platform with templates for the routine category.
• Document the court-filing exception and where originals are retained.
• Export completed documents and audit trails into the matter file at closing.
• Review the classification annually — the rules move.

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