The Questionable Signature
Fast forward to the, even more, not-so-distant past. You will find electronic documents that were "signed" when someone added a signature image to the record.
Anyone can drop a JPEG onto a contract. The presumption is that they must be authorized to sign on the person's behalf if they have access to the signature file.
This is where the process breaks down. There is no quick and simple way to confirm that the person or someone they authorized was the true signer of a digital document when using signature images like these.
There is no audit trail or metadata to demonstrate that the signature was legitimate and authorized and not a forgery.
The troubling part is we continue to see these shortcuts in the signature process all the time. As lawyers, we are responsible for making a reasonable argument to a court about why we believe a signature is valid.
You may find yourself making logical arguments such as it came from the correct email address or domain, it was the proper draft, or it included what appeared to be a valid written signature. It is more difficult to verify that an electronic document's signature was added by the document's owner or someone with that owner's permission.
Don't even get me started on how many people have attempted to avoid signing a contract by arguing that the signer lacked authorization.
Digital signatures are another type of electronic signature tool; however, they are like having a fingerprint on a paper document.
They are connected to a certificate that is always audit-trailed, so you can always see when anything was transmitted, who received it, when it was received, etc. Additionally, the signature is automatically time- and date-stamped., the signature itself is time and date stamped automatically.
This digital trail gives you something to follow and proves that the signor was who they said they were. This trail is so evident that digital signatures are rarely contested. Indeed, they are accepted in most courts thanks to the precise chain of custody from sending to signing.
As they say in many (tiny) circles, it is as good as being signed, sealed, and stamped.
6 Essential Reasons to Have A Digital Signature Fingerprint On Your Side
As you know, inclusive of contracts, any transactional document security that needs a signature must withstand scrutiny in court.
Everything from real estate transactions and acquisitions to wills and trusts, estate directives, etc., must include an authorized signature that can be certified or validated in a court of law.
A law company or legal expert may desire to use electronic signature services for the following six reasons
- Peace of mind knowing people cannot alter, duplicate, or do anything untoward, with a document sent through an electronic service vendor that utilizes digital signature protocols.
Because PDF documents uploaded to an electronic signature service with digital signatures are protected from alteration, users are restricted from altering or copying the text directly and cannot export or alter the content of the document, or upload/import a new version.
All they could do was read and sign (or refuse to sign).
This means the document's security and content integrity are not in question.
- Signatures can be verified with an audit trail. Most electronic signature vendors with digital signature protocols provide certifications and audit trials for documents processed through their systems. Certificates can be issued in opposition to such signatures, and they are recognized and upheld in the majority of legal systems. It functions similarly to having a public notary without actually needing one.
- The time and cost needed for closing an agreement are significantly reduced. Unless working on documents that need to be notarized or through the apostille procedure, there is no longer a need to overnight documents back and forth between signatories. No in-person interaction is required. YDeals can now be sealed in around 30 seconds from across the nation. Printing and shipping costs as well as soft costs are decreased by this speed to close (scanning and uploading). Automated workflow and knowing the document is retained once signatures are all there increase the savings.
- Security of knowing that document is secure once it's fully signed. It provides peace of mind knowing that you're not going to lose it somewhere and that it remains searchable within the system. By combining a solution like E-Signature fields with the power of, you automate the process and reduce your risk. No longer are you reliant on someone scanning physical documents or storing attachments from within the email system where mistakes happen or people forget to finish their uploads? The built-in integration with electronic signature software means that documents are automatically stored, tracked, and certified.
- Electronic signature solutions with digital signature fingerprints are intuitive and convenient. They can be completed almost anywhere in the world, practically any device. Everybody is looking for ways to boost production and efficiency. So why would you design a process that is challenging for you or your clients? Saving time and money, eSignatures are secure and simple. Additionally, it disproves the assumption of an unreachable client or signatory. Whether sitting in their car, on their phone, on a laptop from home or work, or in a cabin on vacation, signing can take place in less than 30 seconds.
- As stated previously, digital signature solution validation is easier to defend in court. Courts are treating the E-Signature solution with digital certification the way they treated wet signatures in the past. When you have a time and date stamp with a signature along with a transparent electronic chain of custody, it's difficult to challenge. The audit trail, time/date stamp, and certification process replace handwriting analysis or a signatory affirming the integrity of physical signatures.
