A law firm builds the engagement letter as a document in GoHighLevel Documents and Contracts, sends it by email or link, and the client signs on a phone browser and receives a copy. The bottom line: electronic signatures are valid in nearly every state, so the phone is fine, and the work is in the letter's content, the signing steps, and a signed copy the firm keeps.
Is a phone signature valid
The federal ESIGN Act says a signature or contract may not be denied legal effect solely because it is in electronic form, and the Uniform Electronic Transactions Act, the law in all but a few states, is to the same effect, according to the TriBar Opinion Committee's comment published by the ABA's Business Law Today. Electronic signatures include those provided by commercial signing tools, so long as they are affixed to the agreement with intent to sign. For lawyers, Model Rule 1.5(c) requires a contingent fee agreement to be in a writing signed by the client, and an electronic signature satisfies a signed writing requirement under those statutes, but ask your state bar if it has said otherwise.
What GoHighLevel offers
GoHighLevel's help pages describe Documents and Contracts, under Payments, for creating and sending contracts, proposals, and estimates, with a signature field, payment options, and a workflow trigger for statuses such as sent, viewed, and signed. A changelog entry says customers can accept and sign proposals on mobile browsers and download a PDF of the signed document. Confirm in your account what the signed document records about the signing, such as the time and the signer, since that evidence matters if a signature is ever contested.
What to put in the letter, and how to make signing work on a phone
| Item | Why |
|---|---|
| Scope of representation, fee basis, and expenses | Rule 1.5(b) |
| For contingent fees: percentages, expense treatment, and how expenses are deducted | Rule 1.5(c) |
| Cancellation, refund, and trust account terms | Prevents disputes |
| Short paragraphs, large text, and one signature field | Readable on a phone |
| A line that the client may ask questions before signing | Supports informed consent |
Build it in GoHighLevel
- Create the letter as a document template with the fields the attorney fills for each client.
- Have the attorney review and approve the template, and the completed letter before it is sent.
- Send the letter by email with the link, and by text only if the client agreed to texts.
- Add a workflow with the Documents and Contracts trigger set to signed that sends the client a copy and adds the tag Engagement signed.
- Store the signed PDF in the client's contact record and in the practice management file.
- Add a reminder if the letter is unsigned after 3 days, as in our follow up guide.
Ways to get a signature, compared
| Method | Strength | Weakness |
|---|---|---|
| In person at the consultation | The attorney can answer questions on the spot | Only works for clients in the office |
| Mailed paper copy | Familiar | Slow, and letters get lost |
| Emailed PDF the client prints and scans | Works anywhere | Many people cannot print or scan |
| Link to sign on a phone | Fast, and the client gets a copy at once | The letter must read well on a small screen |
Most firms use two. Clients who are in the office sign there, and everyone else gets the phone link. What matters is that the client has a chance to ask questions before signing, which Rule 1.4 supports, and that the firm can show what the client saw. A short cover message that says the attorney is available to answer questions before the client signs costs nothing and protects both sides.
Worked example
For example, if a firm sends 40 letters a month and phone signing saves the 2 days a mailed copy takes to come back, the firm gains 80 days of client time a month (40 times 2). The retainer and the work start earlier.
Mistakes to avoid
- A dense letter on a small screen. Keep it readable.
- Skipping the attorney's review. Automation should deliver approved text.
- Losing the signed copy. File it in two places.
- Using a contingent fee template for a matter where it is barred. Rule 1.5(d) limits it.
How this was handled before
Firms mailed two copies of the letter and waited for one to come back signed. Fax and scanned PDFs came next. ESIGN, passed in 2000, made electronic signatures valid, and signing on a phone is the latest version of the same step.
What to measure after launch
Track letters sent, signed on a phone, signed within a day, and letters returned unsigned. If phone signing rates are low, shorten the letter.
Check before you switch it on
US text messages sent from a standard 10 digit number need A2P 10DLC registration. The HighLevel support portal says registration is required for texts to US recipients from 10 digit long code numbers and that toll free numbers do not require it. HighLevel's opt in guidelines also say a person cannot be forced to agree to text messages in order to submit a form, so keep the consent box optional. One compliance guide separates informational texts, which need documented consent, from marketing texts, which need prior express written consent. Ask your attorney which category your reminders fall into. Ask counsel whether your state's bar has any rule on electronic signatures for fee agreements, and keep the signing record. This is general information, not legal advice.
Questions people ask
Are electronic signatures valid for engagement letters?
ESIGN and UETA say a signature may not be denied effect solely because it is electronic. Check your bar for any specific rule.
Can clients sign on a phone in GoHighLevel?
A changelog entry says customers can accept and sign proposals on mobile browsers.
Does Rule 1.5 require a signature?
Rule 1.5(c) requires a contingent fee agreement to be in a writing signed by the client. Rule 1.5(b) says other fee terms should preferably be in writing.
Ready to try it yourself? Start a GoHighLevel account here.
You can also see this in action in our GoHighLevel capabilities demo.