E-Signature for Law Firms: When You Can and Can't Use It

A practical guide to electronic signatures for UK solicitors; what's legally valid, what requires a wet-ink signature, and how to introduce e-signature into your firm's workflow safely.

Electronic signatures have moved from novelty to normality in UK legal practice. Most clients expect to be able to sign documents without printing them. Most firms now use e-signature in some form. But the law on what can and can't be signed electronically is not always straightforward; and getting it wrong can mean an unenforceable document.

This guide covers the legal framework for e-signatures in England and Wales, the practical scenarios where e-signature works and where it doesn't, and how to introduce it into your firm's workflow.

The legal framework

Electronic signatures are valid in English law. The key pieces of legislation are:

Electronic Communications Act 2000; gives electronic signatures the same legal effect as handwritten signatures in most contexts
Land Registration Act 2002; allows electronic conveyancing, including electronic signatures on land registry documents
EU Regulation 910/2014 (eIDAS); retained in UK law, this established a framework for electronic signatures including simple, advanced, and qualified electronic signatures

The Law Society has also published guidance on the use of electronic signatures, most recently updated to reflect the increased adoption of e-signature during and after the pandemic.

The general principle is clear: an electronic signature is valid if it demonstrates the signer's intention to authenticate the document. This can be as simple as typing a name, clicking "I agree", or using a dedicated e-signature platform.

However, there are exceptions and practical complications; particularly around land registration, court documents, and documents that must be executed as deeds.

What you can sign electronically

Most legal documents can be signed electronically in England and Wales. This includes:

Commercial contracts; standard business agreements, supplier contracts, NDAs
Engagement letters and client care letters; the SRA has confirmed these can be signed electronically
Employment contracts; both new hires and settlement agreements
Loan agreements; most standard lending documents
Shareholder agreements and board minutes; generally accepted
Settlement agreements in litigation; subject to court rules (see below)
Contracts for the sale of goods and services; straightforward

For these documents, a simple electronic signature (e.g., typing a name or clicking a button on an e-signature platform) is sufficient. There is no need for a qualified electronic signature or a digital certificate.

What requires extra care or wet ink

Some documents cannot be signed electronically, or require specific types of electronic signature:

Deeds

Deeds can now be signed electronically, but the requirements are stricter. HM Land Registry accepts electronically signed deeds for registration, provided certain conditions are met. The Law Society's guidance on electronic execution of deeds sets out the requirements in detail.

The key points for deeds are:

The signature must be witnessed, even if electronic
The witness must be able to see the signatory sign (in person, not via video call; although the Law Society has suggested this may evolve)
The e-signature platform used must be capable of demonstrating the signatory's identity and intention
For land registration, the platform must meet HM Land Registry's specific requirements

Land Registry documents

HM Land Registry has published detailed guidance on electronic signatures. They accept two types:

Mercury signatures; scanned wet-ink signatures on electronic documents (accepted since 2020)
Qualified electronic signatures; digital signatures backed by a qualified trust service provider

The simplest path for most firms is Mercury; print, sign, scan, and return. Full electronic signing of land registry documents is possible but requires a platform that meets HM Land Registry's specifications.

Court documents

Court documents have their own rules. The Civil Procedure Rules allow electronic filing, but the requirements for signatures on court documents vary:

Statements of truth; can be signed electronically (Practice Direction 22)
Witness statements; must be signed by the witness, but electronic signature is accepted
Court orders and judgments; issued by the court, not signed by the parties
Certain family proceedings documents; some have specific requirements

If you are filing documents through the HMCTS portal, the system handles the signature requirements. For paper filing or documents filed outside the portal, check the specific rules for that document type.

Wills

Wills are a special case. The Wills Act 1837 requires a will to be in writing, signed by the testator, and witnessed by two witnesses present at the same time. The electronic execution of wills is not currently permitted in England and Wales; the testator must sign physically, in the presence of two witnesses.

The Law Commission has recommended that the law be updated to allow electronic wills, but as of 2026, this has not been enacted. Until it is, wills must be signed in wet ink.

Statutory declarations and affidavits

Statutory declarations must be signed in the presence of a solicitor or commissioner for oaths. While the signature itself could theoretically be electronic, the practical requirement for physical presence makes e-signature largely irrelevant for these documents.

Practical considerations for introducing e-signature

If your firm is introducing e-signature, consider the following:

Choose the right platform

Your document management system may include e-signature capability, or you may use a standalone platform. Key features to look for:

Audit trail; the platform should record who signed, when, and from what IP address
Identity verification; the platform should verify the signer's identity (email verification at minimum, with options for stronger verification)
Template support; for documents you use repeatedly
Integration; the platform should work with your practice management system
Cost; some platforms charge per document, some per user, some per firm

Update your client care letter

Your client care letter should explain that you use e-signature and that the client consents to receiving and signing documents electronically. This is both a compliance requirement and a practical step; clients who know what to expect are more likely to complete the signing process quickly.

Keep records

Every electronically signed document should be stored in the matter file, along with the audit trail showing the signing event. This is your evidence that the document was validly executed. See our guide to document management for law firms for more on how to structure document storage.

Know when not to use it

For documents that require wet-ink signatures (wills, certain land registry documents, statutory declarations), have a clear process. Don't default to e-signature for everything; some documents genuinely need a physical signature, and using e-signature when it's not valid creates a bigger problem than the convenience solves.

Common mistakes

Signing deeds without a witness; the deed is not validly executed
Using a simple e-signature for a land registry document that requires a qualified signature; the document may not be accepted for registration
Not keeping the audit trail; without the signing record, you can't prove the document was signed
Not checking whether a specific document type has special requirements; assuming e-signature works for everything because it works for most things

Where OrdoLux fits

OrdoLux includes electronic signatures at no extra cost; built into the matter workspace. Draft a letter or document, send it for signature, and the signed version is automatically filed to the matter's SharePoint folder. The audit trail is preserved alongside the document.

OrdoLux also includes 350+ HMCTS court forms (many of which can be filed electronically), document management via SharePoint, and time recording that captures the time spent preparing documents; all in one place.

See all features or book a demo.