[Patentpractice] A DocuSign Cautionary Tale: Voided Envelopes (Not DocuSign’s Error)

[Patent Lawyer]

	About two years ago, I had a document that needed two signatures. I sent it to the parties through DocuSign in a single envelope.  Person #1 signed electronically, but Person #2 did not. Person #2 printed and wet-signed the original version (the one they had been sent, without Person #1’s e-signature).

	Fast forward two years. I went back to DocuSign to retrieve the copy signed by Person #1.  Because the envelope expired without all the signatures, DocuSign had marked the entire document "VOID" with a watermark on every page. The status of the envelope is "Voided- Envelope has expired". DocuSign’s customer support confirmed they cannot “un-void” an envelope, even if one signer had completed their part.

	So, I now have no valid DocuSign-certified copy of Person #1’s signature and must re-obtain it (I suppose with some ratification language to tie back to the original date).

 	To be clear, I don’t fault DocuSign for this. (I can see how this approach fits their non-repudiation and trust model).   Even if I had saved the partially signed PDF and supporting documents before the expiration, it would not have solved the problem, because once an envelope is voided, DocuSign will not certify or support the validity of any signatures tied to it.

 

Takeaway: If you’re circulating a document for multiple electronic signatures [with DocuSign], don’t send a single envelope. Use a separate envelopes for each signer. That way, if one party never signs, you don’t lose the executed record for the others.



I don't use other electronic signature programs, so I don't know if this issue applies to any of them. 

[And no need for any critical responses about not using electronic signatures]

 
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