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Unlocking Efficiency and Security: How Esignly Revolutionizes Legal Processes for the Modern Industry

Unseal Safety: How Esignly Changes Legal Action for Modern Industry

In recent years, the legal industry has experienced rapid growth. It is expected to reach $908.26 Billion in 2025.

This would be an increase of $713.7 billion from 2020. This sector is highly dependent on paper. Lawyers must transport a lot of paper to close daily deals. Law firms are the largest paper users.

They spend, on average, $1,000 per employee per year or $83 per month. According to another study, a single lawyer can generate between 20,000 and 1,00,000. This shows that physical paperwork is directly affected by the increasing demand for legal services.

Slowly, the legal industry is moving towards modernization. However, many things remain to be clarified regarding the technology used in the legal sector.

In the past, many discussions have been about whether technology is making lawyers obsolete. Although it is unlikely that this will happen anytime soon, technology is making the legal industry more efficient.

Therefore, the legal industry is changing in many ways thanks to technology.

Electronic signatures can benefit the legal sector by reducing paperwork and making the lengthy legal process faster, more secure, and more trustworthy for businesses.


What is an Electronic Signature?

What is an Electronic Signature?

An Electronic Signature (also known as an e-signature or a Digital Signature) is a digitally signed consent or approval for electronic documents, contracts, or forms.

An e-signature, more specifically, can be a photo of your handwritten signature or your name typed out. Or a more complex format with a higher security level and more criteria.

An electronic signature must have the following characteristics to be legally valid: intent, consent, and accuracy. This will depend on where you live.

An electronic signature, also known as esignature, is a set of technologies and digital solutions that allow individuals and businesses to sign electronically.

This includes signing with pin codes, checking a box, typing the name, and signing with an esignature certificate issued by a trusted provider. An electronic signature can be described as electronic data linked to or logically associated with other electronic data that the signatory uses for signing.

Compared with an electronic signature, a digital signature is a technology that uses algorithms and encryption-decryption methods to detect unauthorized modifications to data and authenticate the signatory's identity (electronic identification).

Digital signatures use PKI for verification of identity. PKI makes it possible to identify yourself with two public and private keys. In addition, both the sender AND the recipient must have a digital Certificate from a Certificate Authority.

Standard Electronic Signature (SES ) is an electronic signature signed by the signatory and attached to or logically linked with other electronic data.

If a signatory added their signature or name to an email or just typed their name at the end of a Word document. The SES cannot verify the issuer's identity or the text's integrity and validity. It cannot be confirmed that the text is unchanged.

Advanced Electronic Signature is a type of special digital signature that can be uniquely linked to the signatory and can identify them.

Qualified electronic Signature (QES) is a special AES digital signature created using a suitable electronic signing creation device.

It is based upon a qualified certificate for electronic signatures. Only a qualified trust provider can issue a QES or a related qualified certificate. A designated supervisory body does this in each country.

Electronic Time Stamp is digital data that certifies that an electronic signature was created on the specified date.


Use Cases Electronic Signatures for the Legal Industry

Use Cases Electronic Signatures for the Legal Industry

For most agreements, electronic signatures are legal in most international jurisdictions. eSignly secures electronic signatures and documents with a tamper-evident seal after they have been signed electronically.

A court-admissible Certificate of Completion is included in an executed agreement. It also provides party names, public IP addresses, and a chain-of-custody audit trail with a time stamp that records all document activity.

This is more than what is possible with paper agreements.

eSignly is a great tool for document-intensive tasks your company faces daily.


Litigation

  1. Notifications
  2. Settlements
  3. Medical releases
  4. Incident descriptions
  5. Pleadings
  6. Depositions

Transactions

  1. Agreements with shareholders
  2. Financings
  3. Real estate
  4. Disclosures
  5. Closings
  6. USPTO filings
  7. NDAs

Internal Operations

  1. New hire and candidate paperwork
  2. Policy management
  3. Signoffs for inventory and audits
  4. Orders
  5. Statements of Work
  6. Master service agreements
  7. Supplier compliance

Electronic Signatures for Legal Industry

Electronic Signatures for Legal Industry

E-signature solutions offer attorneys and clients an efficient and valuable way to digitally sign court documents, agreements, contracts, and other legal documents.

COVID-19 has highlighted the value of free electronic signature for law firm clients.

Remote legal software and remote work have made digital signature solutions more important than ever. Law firms can use electronic signature solutions to help them navigate social distancing and other COVID-19-related disruptions.

They can also remotely acquire new business and maintain business continuity without managing physical paper documents.


Protect Client Information

Cyberattacks are a regular threat to the legal industry, as law firms hold much confidential information for their clients.

Legal firms use cloud technology to save and protect their clients personal data and information.


Lower Costs

Electronic signatures are a popular choice for law firms due to their positive financial impact. Law firms can use electronic signatures to avoid printing, ink, paper, and other associated costs, such as equipment maintenance.

In addition, law firms can manage document signing more easily by consolidating the cost of signing documents into one monthly fee.


Streamline Legal Procedures

E-signature solutions offer law firms many options for streamlining their legal processes. In just a few minutes, digital signatures can easily be created from anywhere and on any device.

In addition, you can close legal contracts that need to be signed faster using your mobile or tablet device. As a result, legal firms no longer have to waste time on document signing or document management. Instead, they can focus their legal professionals on higher-priority tasks like client satisfaction.


Avoid Regulatory Fines & Malpractice Suits

Electronic signature solutions offer law firms a sophisticated data security system that reduces the risk of data breaches that could lead to regulatory fines or malpractice suits.


Enhance Communication with Legal Partners and Clients

Inefficient follow-ups can often hinder law firms that refuse to change from the traditional mindset of paper signing.

Electronic signatures help reduce the time and resources required to organize and track documents. Law firms can track outstanding signature requests using an established and trusted e-signature system with minimal effort.


Increase document visibility with an enhanced audit trail

E-signature solutions that have enhanced tracking capabilities assure law firms that clients' confidential documents will only be signed by authorized personnel.

This protects the document from being accessed, forged, or altered by unauthorized individuals. In addition, an embedded audit trail provides additional information about the transaction, including the signer, date, time, and digital certificate used for digitally signing the document.


Increased document visibility with Audit Trail

Law firms that use e-signature solutions ensure that only authorized individuals sign confidential documents. It protects the record from illegal access, forgery, and manipulation.

The embedded audit trail features additional information about the electronic signature transaction. This includes confidential information such as who signed, when, and whereabouts, and the digital certificate used to sign the document digitally.


Streamline Legal Procedures

Law firms can streamline their legal processes by using electronic signature systems. Legal firm employees can sign legal documents quickly and easily using electronic signatures from any device and location.

Legal transactions can be made faster with eSignature software installed on tablets, smartphones, and laptops. Law firms can focus their legal expertise elsewhere instead of document maintenance and signing.


Lower Overall Costs

Many legal firms have adopted electronic signatures as an option due to the substantial benefits they offer to their bottom line.

For example, law firms can save on ink, paper, printers, and equipment maintenance by using a digital signature. In addition, consolidating all costs of document signing into one predictable monthly fee allows you to manage the process more efficiently.


Client Data Privacy

Cyberattacks on the legal industry are increasing because law firms have sensitive customer information. Legal businesses can easily retain and protect client data using e-signature systems.

This prevents papers and files from being lost, stolen, or, worse, destroyed by cloud-based technology.


Enhance Communication with Clients & Partners

It isn't easy to know the status of legal documents signed on paper. Law firms find it difficult to follow up with customers who haven't signed documents because they don't know if they did.

By reducing time and resources, digital signatures make it easier to organize and manage paper documents. Law firms can track outstanding signature requests using an established e-signature system without additional resources.


Are Electronic Signatures Legal?

Are Electronic Signatures Legal?

The electronic signature can speed up document signing for clients and you. But are they legal and allowed? Yes, electronic signatures have been legal since the dawn of the Millennium.

The Electronic Signatures in Global and National Commerce Act of 2000 (ESIGN) was passed by the United States. This made electronic signatures legal in all US states and territories where federal law applies.

As a result, electronic signatures have the same legal status and rights as handwritten signatures. In addition, most states, except Washington and New York, have adopted the Uniform Electronic Transactions Act, which has laws about electronic signatures.

This Act provides a legal framework that allows electronic signatures to be used in every state.


When e-Signatures Won't Work

Although electronic signatures are legal in the US as handwritten signatures, there are certain exceptions to this rule.

For example, a wet signature is required for documents like wills in many states. Ensure you are familiar with your state's requirements and understand when an electronic signature is unacceptable.


What is Legal About an Electronic Signature?

What is Legal About an Electronic Signature?

Although e-signatures are legal for lawyers, it is important to understand that they must meet certain legally binding criteria.

According to the ESIGN Act, electronic signature workflows should demonstrate the following:

  1. Clear intent to sign. A clear intention to sign the agreement electronically. This can be as simple as clicking the "Accept" button and typing their name.
  2. Electronic commerce requires consent. Electronic commerce involves consent from signers. Signers must consent to conduct business electronically. For example, asking them to click to accept a consent clause could be considered consent.
  3. An option to opt out. A clause should allow a signer to opt out from signing an agreement electronicallyaccessible instructions on manually signing a contract if needed.
  4. Assembling signature with record: To make an electronic signature valid, the system must keep a record that records the process by which the signature was created.
  5. You must sign a copy of the agreement. All signers should receive signed copies. This process can be automated and made much easier with eSignature solutions.
  6. Retention of records. Electronic signatures should accurately reflect the agreement. They can be retained.

Legal Issues in by County - USA, UK, and EU

Legal Issues in by County - USA, UK, and EU

ESignatures can be accepted all over the globe. However, different countries and regions have other legal frameworks.

This article will focus on the United States, the United Kingdom, and European Union.

The legal acceptance of eSignatures in the USA is based upon two acts: the state Uniform Electronic Transactions Act (UETA) and the federal Electronic Signatures in Global & National Commerce Act (ESIGN).

Both of these acts were adopted in 2000.

UETA and ESIGN both note five elements that make an eSignature legally binding.

  1. Validity: Electronically created signatures and records have the same import and weight as paper and ink versions. It is impossible to invalidate a signature just because it was electronically recorded.
  2. Electronic signatures require consent from the person signing. This involves giving certain disclosures to the person signing before they sign.
  3. Intent: An eSignature requires that the signer has the intention to sign the document. They must agree to the document's contents and fully understand what their signature means.
  4. Recording: An electronic signature must be accompanied by a record clearly stating that it is an electronic signature, not a physical one.
  5. Data integrity: Records that have been electronically signed must be protected from any tampering or alteration.

Electronic signatures are accepted in most cases in the United States. This includes interactions between individuals, businesses, or the government.

In addition, many court cases have recognized the reliability and enshrined eSignatures in case law.

In some cases, eSignatures may not be accepted in the United States. Sometimes the process is not accepted in the US because it restricts signatures to eSignatures in wet ink or formal notarized signatures.

There are some cases where eSignatures cannot be accepted.

  1. Divorce and adoption agreements
  2. Notices and court orders.
  3. Termination of life or health insurance benefits
  4. Testamentary trusts, testamentary codicils, and wills

ESignatures for the UK

The UK Electronic Communications Act 2000, similar to ESIGN or UETA, confirmed that an agreement could not be deemed invalid simply because it is electronic.

In addition, electronic signatures were recognized in the UK by the Electronic Signatures Regulations Act 2002.

English law says that a valid contract does not need to be signed in writing. However, it is acceptable if both sides fully understand the agreement and agree.

An electronic record, such as an eSignature, is acceptable proof that both parties have agreed to the document. These are called Standard Electronic Signatures (SES).

Although an SES is not considered to have the same weight as handwritten signatures, UK law recognizes a certain type of eSignature to be equal to handwritten.

These eSignatures can be called Qualified Electronic Signatures or Advanced Electronic Signatures.

An AES is:

  1. Only the signing party is unique
  2. Identifies who signed it
  3. Signed using a process that can only be accessed through the signatory
  4. It can be linked to other data so that if there is any alteration, it will be detected

A QES stands for:

  1. One type of digital signature approved by the government
  2. Signed using a secure signing device
  3. Accepted under all legal conditions as an equivalent to a handwritten sign

The UK accepts standard eSignatures on all documents. This includes HR documents, employment contracts, and commercial agreements.

Sales documents, short leases, guarantees, and loan agreements. Other documents require AES or QES.

Nevertheless, certain documents must still be signed by hand.

  1. A few family law documents, such as separation agreements and prenups, are available.
  2. Real estate deeds include title transfer, legal mortgage release, and mortgage discharge
  3. The majority of leases
  4. HM Customs and Revenue documents

ESignatures within the EU

The Directive on a Community Framework for Electronic Signatures (eSignature Directive) established that eSignatures were legally binding in 2000.

This proved that electronic signatures couldn't be disregarded simply because they were created electronically.

Many European countries agree with the UK's policy of accepting contracts without a handwritten signature as legally binding.

As a result, the 2000 eSignature Directive was replaced by the EU Regulation (EU No 910/2014), commonly referred to as eIDAS. EIDAS stated that there were three types of electronic signatures: AES, SES, and QES. This is similar to the UK.

Standard eSignature (SES) is accepted for most of the contracts and documents. This includes purchase orders, employment contracts, invoices, and sales agreements.

Software licenses and real estate documents are also accepted. An SES can be accepted in B2B, C2C, and B2C situations. AES and QES can be accepted in most court briefs, consumer credit loan agreements, residential and commercial leases, and most court briefs.

There are a few cases where a handwritten signature is sufficient, just like in the US or UK. These are:

  1. Contracts to buy or transfer real estate
  2. Contracts of carriage
  3. Notices of termination for HR
  4. Limited liability company incorporation

It is important to keep in mind that every member of the EU has their requirements for eSignatures.


How do you Choose and Implement an Electronic Signature Solution?

How do you Choose and Implement an Electronic Signature Solution?

There are many options for companies who want to implement eSignatures in their workflows. These are some tips to help you choose the right eSignature solution.

These are the key steps to choosing the best digital signature option.


Assess the Company's Requirements

How many documents, agreements or contracts must be signed daily? A rudimentary solution may work for smaller companies with fewer customer transactions.

You can add a signature line to a Microsoft Word or Excel file. You can also use PDFs with embedded signature lines. Large enterprises and SMEs will benefit more from mobile-optimized, intuitive eSignature solutions that manage multiple customer transactions efficiently and easily.


Think About your Use Cases

Will every customer-facing employee need to be trained and proficient in the eSignature tool? Or just certain departments? Which transactions require e signature from customers? This will enable companies to identify which employees need access to the eSignature platform and plan accordingly.


Smooth implementation

This involves assessing compatibility with existing systems and ensuring that the solution is compatible.

How does an e-Signature provider provide API support? Is the eSignature solution on-premise or cloud? Personal considerations are important as well.

What do companies' staff, from the CEO to the frontline, think about digital transformation and the new eSignature system?

Implementing a successful project is easier if everyone is onboard and enthusiastic. How will the staff be trained to use this new technology? When can they expect to be proficient? These are just a few of the questions that can be used to guide the process.

It is important to consider the signing experience of the sender and the recipient in multi-sign situations.