In the modern age, lawyers and clients increasingly rely on digital methods of providing service, participating in discovery, and filing motions to the court. Integral to the legitimacy of this new paradigm is the verification of an individual’s electronic signature, one of the latest features to further digitize and streamline the legal system. Under California Law, a “sound, symbol, or process” can pass as a legitimate electronic signature, but can be subject to stringent standards depending on what the electronic signature is being used for. (Cal. Rules of Court, Rule 2.257(a), (b) & (c).) For example, providing an electronic signature when under penalty of perjury is only considered valid in two instances. (Id.) First, an electronic signature can be legitimate if a physical copy was signed before the filing of the document containing the electronic signature, so long as the physical copy can be produced under specific conditions. (Cal. Rules of Court, Rule 2.257(b)(2).) Second, an electronic signature can stand on its own if it is unique to the declarant, under the declarant’s sole control, capable of verification, and is “linked to data in such a manner that if the data were changed, the electronic signature would be invalidated.” (Cal. Rules of Court, Rule 2.257(b)(1).) If one seeks to prudently secure the efficiency and ease of digital documentation through electronic signing, it is recommended to acquire the service of a Digital Signature Provider. These services are convenient means for the declarant to provide the required data-linking and verification needed for a legal electronic signature.
The Los Angeles business litigation attorneys at The Darvish Firm, APC represent clients in business litigation matters. The firm is listed in Martindale-Hubbell’s National Bar Register of Preeminent Lawyers and maintains the highest rating (“AV”) from Martindale-Hubbell (the legal industry bench-mark) for Legal Knowledge, Judgment, Legal Experience, Analytical Capability, and Communication. The firm has earned and maintains this excellent reputation within the legal and business communities.