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Legal Tech 9 min read

E-Signature Software for Solicitors: What You Need to Know

A practical guide to e-signature software for UK solicitors. Covers legal validity, SRA guidance, DocuSign vs alternatives, and which documents can be signed electronically.

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Obiter Editorial Team

Published 15 November 2024

E-Signature Software for Solicitors: What You Need to Know

When lockdown forced UK law firms to abandon wet ink signatures overnight in March 2020, electronic signing went from a specialist tool to an industry-wide necessity in the space of weeks. Four years later, most solicitors have settled into a new normal where e-signatures are routine on many document types — but persistent uncertainty about which documents can legally be signed electronically continues to create hesitation and inconsistency.

This guide cuts through the confusion. It explains the legal framework for e-signatures in England and Wales, which documents can and cannot be signed electronically, what to look for in an e-signature platform, and how the leading tools compare.


The Electronic Communications Act 2000 and eIDAS

In England and Wales, the legal basis for electronic signatures flows from two main sources:

The Electronic Communications Act 2000 (as retained post-Brexit) recognised the admissibility of electronic signatures in legal proceedings and established that an electronic signature can satisfy a statutory requirement for a signature where the parties agree.

The EU eIDAS Regulation, as retained in UK law by the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016, establishes a hierarchy of three types of electronic signature:

  1. Simple Electronic Signature (SES): the basic form — a typed name, a scanned signature, or clicking “I agree”. Legally valid for most everyday documents but provides limited identity assurance.
  2. Advanced Electronic Signature (AES): uniquely linked to the signatory, capable of identifying them, and created using data under the signatory’s sole control. DocuSign, Adobe Sign, and most commercial platforms produce AES by default.
  3. Qualified Electronic Signature (QES): the highest level — an AES that uses a qualified certificate issued by a Trust Service Provider (TSP). Legally equivalent to a handwritten signature across the UK and EU. Currently required for certain high-value or high-risk document types.

For most legal documents, AES provides adequate assurance. The question of which level is required for specific document types is where complexity arises.

The Law Commission’s Position

In September 2019, the Law Commission published a detailed report confirming that electronic signatures are legally valid for executing documents in England and Wales, including deeds, provided certain conditions are met. This was a significant clarification that resolved uncertainty that had persisted since the Electronic Communications Act.

The key conditions for a valid electronic signature under English law are:

  • The signatory intended to authenticate the document
  • Any relevant formality requirements are met (for deeds, this includes witnessing — see below)

The Law Commission’s view is that the SRA’s regulatory framework does not prohibit solicitors from using electronic signatures, and that the main constraints come from the substantive law governing specific document types, not from general professional regulations.


Which Documents Can Be E-Signed?

Documents That Can Be E-Signed Without Restriction

The vast majority of legal documents can be validly executed with an electronic signature:

  • Client care letters and terms of engagement
  • Non-disclosure agreements and confidentiality agreements
  • Commercial contracts (sale of goods, services, supply agreements)
  • Employment contracts
  • Shareholder agreements (where no deed formality is required)
  • Settlement agreements (subject to the independent legal advice requirements, which are about the advice, not the signature)
  • Family financial agreements (subject to the court approval process)
  • Wills: technically e-signed wills can be valid under the Wills Act 1837, but this remains an area of caution — most probate practitioners continue to use wet ink for wills given the risk of challenge

Deeds: The Witnessing Requirement

Deeds present a specific challenge. Under the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be signed by the party and witnessed by a person present with the signatory at the time of signing.

The Law Commission confirmed in 2019 that a wet ink deed can be witnessed electronically — the witness does not need to apply a wet ink signature themselves — but the key requirement is that the witness was physically present when the signatory signed. Remote witnessing (where the witness observes via video call) was given temporary legal authority during the COVID pandemic under the Electronic Communications Act but this was a temporary measure. Remote witnessing of deeds using video conferencing does not satisfy the witnessing requirement under English law as a matter of general principle.

Practical implication for conveyancing: Transfer deeds (TR1), mortgage deeds, and other property deeds require physical witnessing. Electronic platforms can be used to circulate the document and capture the signature, but the witness must be physically present. This limits the utility of fully remote e-signature workflows for conveyancing completions.

Land Registry Requirements

HM Land Registry has its own requirements that are more conservative than the general legal framework. As of 2025, Land Registry accepts electronic signatures for a limited range of applications through its Digital Registration Service, but many applications still require wet ink on the AP1 and supporting forms. Check the Land Registry’s current practice guides (particularly Practice Guide 8 on execution) before assuming e-signing is available for any specific application.

Company Documents

Companies Act 2006, section 44 allows a company to execute a document by the signature of two authorised signatories or by a director in the presence of a witness. Electronic signatures by authorised company officers satisfy this requirement. The Companies House filing system accepts electronically signed documents for most purposes.


E-Signature Platforms: What to Look For

Audit Trail and Evidence Package

Every e-signature platform produces an audit trail — a record of who signed, when, from what IP address, and using what device. For legal use, the quality and accessibility of this audit trail matters enormously. If a signature is ever challenged, the audit trail is your evidence.

Look for:

  • Timestamped records for every action (document opened, signed, declined)
  • IP address and device fingerprint for each signing event
  • Certificate of completion downloadable as a PDF
  • Long-term storage of audit data (at least 7 years to satisfy typical limitation periods)

Identity Verification Options

For higher-risk documents, you want the option to require identity verification before signing — not just an email link. This might mean:

  • SMS one-time passcode to a verified mobile number
  • Knowledge-based authentication (asking identity questions)
  • Photo ID verification (upload passport or driving licence with a live selfie)
  • Qualified Electronic Signature with Certificate Authority verification

Not all platforms offer all these options. For high-value transactions or where client identity is particularly important, the stronger verification options are worth the additional cost.

Integration with Your Practice Management System

The most efficient e-signature workflows are triggered directly from your practice management or document automation system — you produce the document, click “send for signature”, and the signed document is automatically returned and filed to the matter without manual intervention. Check whether your PMS vendor has a native integration with your preferred e-signature platform, or whether API integration is available.

Regulatory Compliance Features

For AML purposes, some firms use e-signature platforms as part of their identity verification workflow. If you intend to do this, ensure the platform produces evidence that meets the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 requirements — specifically, that the identity verification process produces an adequate and proportionate level of assurance given the risk profile of the client and matter.


Comparing the Leading Platforms

DocuSign

DocuSign is the market leader globally and has strong penetration in UK law firms. Its advanced electronic signature meets eIDAS AES standards; it also offers Qualified Electronic Signature through its trust service provider partnership.

Strengths: Market-leading audit trail; excellent API and integrations (including LEAP, Clio, and Osprey); strong ID verification options; large template library; mobile-optimised.

Weaknesses: Pricing is relatively high, particularly for lower-volume users; the envelope-based pricing model can make it expensive for firms sending large numbers of short documents.

Best for: Firms with complex signing workflows, high-value transactions, or that need QES capability.

Pricing: From approximately £18 per user per month for the personal plan; business plans from £45 per user per month.

Adobe Acrobat Sign

Adobe Acrobat Sign (formerly Adobe Sign) is a strong alternative, particularly for firms already embedded in the Adobe ecosystem. Its AES implementation is equivalent to DocuSign’s.

Strengths: Tight integration with Adobe Acrobat PDF workflow; strong bulk-sending capability; competitive pricing for high-volume use; meets eIDAS AES and QES standards.

Weaknesses: Less mature legal sector integrations than DocuSign; ID verification features are less flexible.

Best for: Firms using Adobe Acrobat heavily for PDF preparation and wanting a unified PDF-to-signature workflow.

Pricing: Included in Adobe Acrobat Business plans (from approximately £22 per user per month) or as a standalone add-on.

Yoti Sign / Signable

Both Yoti Sign and Signable are UK-founded alternatives that are well-established in the domestic legal market. They offer competitive pricing and good UK-specific compliance documentation.

Signable is particularly popular with smaller UK law firms due to its straightforward pricing (from £21 per month for small volumes) and UK-based support.

Yoti Sign has a stronger identity verification capability, leveraging Yoti’s identity platform to provide biometric verification where needed. For firms that want to use the same provider for both e-signing and AML identity checks, Yoti is worth evaluating.

PandaDoc and HelloSign (Dropbox Sign)

Both offer lower-cost entry points and are suitable for firms with straightforward signing needs and lower volumes. Their legal sector integrations are less mature than DocuSign or Adobe Sign, and their audit trail capability, while adequate for most purposes, is less comprehensive.


Setting Up E-Signature Workflows That Actually Work

The technology is only as effective as the process around it. Common failures in e-signature implementation at law firms include:

Not updating your terms of engagement. Your client care letter should explicitly confirm that you will communicate and transact electronically, and that the client consents to electronic signing. This is both a good practice obligation and a practical protection if a signed document is later disputed.

No policy for which documents require wet ink. Without a clear internal policy, fee earners will either e-sign everything (including documents that should be wet-ink) or nothing (because they are uncertain). Document a simple matrix: these categories of document are e-signed; these require wet ink; these require QES. Review it annually.

Not checking the other party’s requirements. Even if your firm and your client are comfortable with e-signatures, the counterparty — a bank, a landlord, a company’s solicitors — may have their own signing requirements. Establish this at the outset of any transactional matter.

Inadequate signer instructions. Recipients who have never used an e-signature platform before are often confused by the process. Include a short explanatory note with every signing request, and have a phone number available for clients who encounter difficulty.

E-signatures remove friction from the signing stage of transactions. Obiter removes friction from the communication stage that leads up to it — reading client emails, drafting responses, recording time, and managing the matter workflow — so that fee earners spend their time on advice, not administration. Together, they represent a material step toward the fully efficient digital law firm. Learn more at obiteros.com.

Topics:

e-signature docusign digital-signing legal

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