Parties & Capacity
Identify the principal and the named attorney, and state the signer's legal capacity (individual, corporate officer, executor) to remove ambiguity for third parties.
A precise designation prevents confusion about who may accept service, receive notices, and make procedural decisions; it safeguards client rights, speeds responses to filings, and reduces risk of missed deadlines. Electronic signatures recognized under the ESIGN Act (15 U.S.C. ch. 96) and UETA support valid e‑execution when intent, consent, attribution, and retention requirements are satisfied.
Typical signers include individuals, corporate officers, and estate representatives who need counsel to act on procedural or transactional matters.
Use clear capacity language (for example, 'as agent for the estate of X' or 'on behalf of ABC Corp., by its CFO') to avoid later disputes over authority.
Identify the principal and the named attorney, and state the signer's legal capacity (individual, corporate officer, executor) to remove ambiguity for third parties.
Define what counsel may do (receive service, file pleadings, negotiate settlements), and list any express prohibitions such as signing settlement amounts above a specified threshold.
Specify when authority begins and ends, or tie duration to a defined event, such as case closure or revocation in writing.
Designate how service or notices must be delivered to counsel (email, postal address, or agent for service), and whether counsel may accept electronic service.
Authorize access to case files, medical records, or financial documents as needed and state any required client consents for HIPAA/protected data.
Include signature blocks, date lines, witness or notary language if required, and any state‑specific acknowledgements to ensure enforceability.
| Form Field Configuration and Access Settings | Field | Configuration |
|---|---|
| Signer authentication method (email, SMS code, KBA) | Choose email for convenience; use SMS or KBA for higher assurance. |
| Signature type and placement | Use full signature block with date; add initial fields for each page if required. |
| Conditional fields and templates | Make notary/witness fields conditional for jurisdictions that require them. |
| Template save and reuse | Save as template for matter-based reuse and consistent metadata. |
Use an eSignature provider that supports required authentication, audit trails, and file formats acceptable to courts or agencies.
Ensure the platform can produce a tamper‑evident signed PDF and a detailed audit trail (timestamps, IP, signer attribution). If handling protected health information, verify HIPAA BAA availability and use appropriate access controls.
Designation typically takes effect upon valid signature and any required authentication.
File or serve designation before court or agency deadlines to ensure counsel can accept service.
Some agencies require advance notice of representation; verify local filing rules.
Revocations should be served promptly; effectiveness may depend on recipient acceptance.
Retain executed copies according to relevant retention rules and statutes.
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | 7-day trial | Varies | Varies | Varies | Varies |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies | Varies | Varies |
Optica used an electronic designation to appoint counsel for investor matters.
BIS centralized counsel appointments across projects using e‑workflows.
An individual principal signs to authorize counsel in personal matters; include capacity statements if signing for a minor or on behalf of an estate to prevent later disputes and to ensure acceptance by courts or agencies.
A corporate officer (CEO, CFO, general counsel) may sign on behalf of an entity when corporate authorization exists; include title and a board resolution or corporate authorization if required by the receiving party.
Finalize text and confirm matter identifiers and capacity.
Obtain signatures, notarization, or witness attestations as needed.
Serve courts, agencies, opposing counsel, and other stakeholders.
Store originals and signed copies per retention rules.