I’ve written previously about signature-automation tools. (For one, see this April 2008 blog post.) Thanks to this post at Lawyerist.com, I see that Adobe has joined the fray, with its eSignatures beta. I haven’t yet checked it out; I’d be interested to know what you make of it and, in particular, how you think it stacks up against the competition.
About the author
Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.
Ken, I think the part that's most interesting is contracts are in the process of migrating from a paper-based paradigm to a web-based one. Based on what we are seeing, I predict the majority of contracts (the mundane ones are keyhere) will be signed on the web within 4-5 years. This impacts how contracts are created, drafted, and negotiated.
The Adobe esign beta is simple to use. The legal disclaimer seems a bit of overkill.
DISCLAIMER: Adobe Systems Incorporated (“Adobe”) is not a party to this agreement. Adobe, referred to as the "Signer" in the "Signature Properties" to this agreement, is only responsible for verifying that (1) this agreement has been electronically signed by a person purporting to represent each party and (2) no changes have been made to this agreement since the time of such electronic signature. Adobe has not verified the identity of any party to this agreement
Also interesting that the "Additional Terms of Use" at least for this beta, pretty much disclaim any actual usage in a live contract setting.
ADOBE SPECIFICALLY DISCLAIMS ANY USE THE SERVICE IN CONNECTION WITH ANY DOCUMENT
THAT IS:
(A) GOVERNED BY RULES OF LAW GOVERNING THE CREATION AND EXECUTION OF WILLS,
CODICILS, OR TESTAMENTARY TRUSTS;
(B) GOVERNED BY RULES OF LAW GOVERNING ADOPTION, DIVORCE, OR OTHER MATTERS OF
FAMILY LAW;
(C) GOVERNED BY THE UNIFORM COMMERCIAL CODE, AS IN EFFECT IN ANY OF THE UNITED
STATES, OTHER THAN SECTIONS 1-107 AND 1-206 (OR ANALOGOUS CODE SECTIONS EMPLOYED
BY THE APPLICABLE STATE);
(D) CONCERNING NOTICE OF THE CANCELLATION OR TERMINATION OF UTILITY SERVICES;
(E) CONCERNING THE CANCELLATION OR TERMINATION OF HEALTH INSURANCE OR BENEFITS
OR LIFE INSURANCE BENEFITS (EXCLUDING ANNUITIES);
(F) GOVERNED BY THE GRAMM-LEACH-BLILEY ACT, THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTING ACT, THE HITECH ACT, THE GOVERNMENT PAPERWORK ELIMINATION ACT, AND
THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT; OR
(G) OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, INCLUDING THE U.S. ELECTRONIC
SIGNATURE LAWS.