The COVID-19 pandemic has unexpectedly required lawyers and, in
many circumstances, judges to attempt to operate in a remote work
environment. This abrupt change has heightened the importance
of relying on electronic signatures and notarization, in lieu of
traditional “wet ink.” This article discusses the
applicable laws and practical guidance for ensuring valid
e-signatures and notarizations.
A. Laws Validating E-Signatures
For a number of years, both federal and state laws have
permitted the use of e-signatures. At the federal level, the
Electronic Signatures in Global and National Commerce Act
(“ESIGN”), effective since 2000,
“facilitate[s] the use of electronic records and signatures
in interstate or foreign commerce.” 15 U.S.C.
§ 7001, et seq. It provides that a
transaction or document “may not be denied legal effect,
validity, or enforceability solely because an electronic signature
or electronic record was used in its formation.” Id.
Similarly,
