A lawyer's letter refers to a professional legal document that a lawyer accepts the client's entrustment to disclose and evaluate relevant facts or legal issues, and then proposes a request to achieve a certain effect and prepares and sends it. When a lawyer uses a lawyer's letter to make a legal evaluation and risk estimate of a certain fact, the purpose is to apply the lawyer's legal standards and judgment to the client's legal facts with emotion, knowledge, and disadvantages. The "legal evaluation" of the client is the lawyer's judgment that "understands the meaning of the law".
The essence of a lawyer's letter is a legal act of agency, which plays an important role in safeguarding the legitimate rights and interests of the parties. However, whether the lawyer's letter is truly effective depends on the court's approval. If the court does not approve the lawyer's letter, the lawyer The letter is invalid.
Legal Basis
"Lawyers Law of the People's Republic of China"
Article 7 If the applicant has any of the following circumstances, the lawyer's practicing certificate will not be issued:
(1) Having no capacity for civil conduct or having limited capacity for civil conduct;
(2) Having received criminal punishment, except for criminal negligence;
(3) Being dismissed from public office or having his lawyer's practicing certificate or notary's practicing certificate revoked. Article 6 To apply to practice law, one must submit an application to the judicial administration department of the people's government of the city or municipality directly under the Central Government and submit the following materials:
(1) National Unified Legal Professional Qualification Certificate;
( 2) Documents issued by the Lawyers Association proving that the applicant has passed the internship assessment;
(3) Proof of identity of the applicant;
(4) Document issued by the law firm agreeing to accept the applicant Proof of practice;
(5) Proof of consent issued by the law firm to accept the applicant’s practice;
(6) Proof of consent issued by the law firm to accept the applicant’s practice.
If the applicant applies to practice law on a part-time basis, he or she should also submit a certificate issued by his or her employer that approves the applicant's part-time practice in the legal profession.
The department accepting the application shall conduct an examination within 20 days from the date of acceptance, and submit the examination opinions and all application materials to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. The judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall review the submitted materials within ten days from the date of receipt and make a decision on whether to allow practice. If the applicant is allowed to practice law, a lawyer's practicing certificate shall be issued to the applicant; if the applicant is not allowed to practice law, the applicant shall be given a written explanation of the reasons.