Indigent clients often have difficulty getting to court given transportation issues including no car, inability to take time off from work, revoked or suspended licenses, living in another state, etc.

Having the ability to sign documents like a waiver of preliminary hearing, waiver of arraignment, and even misdemeanor pleas, can be critically important.

I regularly have client’s eSign such documents and regularly get questions; here are the most frequently asked (FAQs) and answered:

Q: Are they legal?

Answer: Yes! RSMo 432.230 states:

Legal recognition of electronic records, electronic signatures, and electronic contracts.—

1. A record or signature shall not be denied legal eff ect or enforceability solely because it is inelectronic form.
2. A contract shall not be denied legal eff ect or enforceability solely because an electronic recordwas used in its formation.
3. If a law requires a record to be in writing, an electronic record satisfi es the law.
4. If a law requires a signature, an electronic signature satisfi es the law.

I’ve emphasized “shall not be denied legal effect” because Missouri court interpret such language to mean is mandatory.

The legislature’s rationale is noted in a document titled “compliance component” note the following:

Electronic Signatures are paperless ways to sign a document using an electronic symbol or process. They may be such things as digitized images of physical signatures, typed notations such as “/s/ John Smith”, stamps, seals, headers on faxes, or headers on email. They satisfy Missouri laws where a written signature is required…

No specific technology need be used in order to create a valid electronic signature.

Missouri Courts have a similar reference to signature in Missouri Supreme Court Rule 103.04 (d)

An electronic document requiring a signature shall be signed by an original signature, stamped signature or an electronic graphic representation of a signature, or in the following manner: /s/ John or Jane Person.

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Q: Can someone forge them?

Answer: Sure. But, an electronic signature can be forged as easy as real signature. If I have a client eSign on their phone or computer, often after speaking with them about the document they are planning on eSigning, this is the assurance I need. And then I also sign the document as an “officer of the court” to represent that my client’s eSignature is real. If I have doubts about the e signature (perhaps if the eSignture is made on another person’s phone and I’ve not talked to my client, I would not submit it to the court.

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Q: My clients don’t have a computer, a scanner, a fax machine, etc., how can I eSign something.

Answer: Clients can use their phones. If I have a client’s mobile phone number I can text them a link to electronic document (in Google Drive or Microsoft One Drive) and the can click the link an eSign by typing their name /s/JohnDoe.

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Here are my instructions texted via link to my clients which includes the YouTube video embedded: :

Here are the five (5) steps to eSign the document we discussed:

1. Click the link I send you.

NOTE: Sign-in to your Google Account if you are not already signed in

NOTE: If you are not signed-in, you may be prompted to ask for permission to access the document, I will then approve access

2. Click the pen/pencil icon
3. Read the document; and find the  “/s/” 
4. Type your name after the “/s/”  [for example >>  /s/Bob Smith
5. Click the checkmark/”save”

You do not need print or send me the document, I will have access to the eSigned document; you can, however, respond to my text to tell me you signed it.

Here is one screenshot instruction (optional video below):

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