With the rapid development of networked communications, electronic signatures (e-signatures) have become ubiquitous. Lawyers and their clients use electronic signatures every working day when communicating w ith each other, and lawyers are also required to offer advice on electronic signatures from day to day. In addition, contracts are agreed electronically by means of a variety of different types of electronic signature, both nationally and across international boundaries.
The legal framework governing e-signatures is now set out in the Electronic Communications Act 2000. It is a nice point to observe that those drafting the legislation appear to have recognised that by the late 19th century, judges reached the conclusion that the form a signature took was not as important as its function. As a result, the nature of evidence in a dispute was most relevant, just as it will be if the use of an electronic signature is ever in doubt.
