What Effect Does E-Signing Have on Contract Drafting?

[Updated 9 May 2022: This post was rendered obsolete by this April 2022 post.]

One consequence of my not doing deals is that I have little occasion to consider what effect, if any, e-signing has on the wording and format of contracts.

As far as I can tell, DocuSign works with whatever signature blocks you have. The only implication I can think of is that if signatures are always dated, you shouldn’t include a date for the contract in the introductory clause.

As for adding boilerplate in which the parties acknowledge that e-signing is enforceable, I think we’re past that.

What have I missed?

(You’re welcome to post a comment here—I’d like to return to having more of the discussion on this blog—or anywhere else. Or if you prefer, you’re welcome to email me at kadams@adamsdrafting.com.

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.