The response to the lawyer's letter is as follows: If the two parties have little dispute and do not want to go to court, they can negotiate how to resolve the dispute after receiving the lawyer's letter. If the dispute is great, you can choose to go to court. In addition, if you think you have no problem and are not afraid of being sued by the other party, then you don't need to worry about the lawyer's letter. The lawyer's letter itself will not have legal consequences, just a warning.
Correctly handle the lawyer's letter: negotiate with the party who sent the lawyer's letter and try to resolve the dispute through negotiation; Or get ready for a lawsuit. A lawyer's letter refers to a professional legal document made and issued by a lawyer to disclose and evaluate relevant facts or legal issues, and then make a request to achieve a certain effect. It has the functions of information transmission and psychological bottom line warning. The role of lawyer's letter:
1。 The lawyer's letter can recover the creditor's rights such as the payment owed by the entrustment in a convenient way.
2。 Before filing a lawsuit or applying for arbitration, sending a letter through a lawyer can play a role in extending the limitation of action.
3。 A letter from a lawyer can clarify the facts and stop illegal infringement. Lawyer's letter has the function of clarifying facts and deterring illegal acts, which is beyond the reach of ordinary business letters and folk letters.
4。 Perform other statutory notification obligations with a lawyer's letter. There are many aspects in this respect, such as notifying and ratifying the agent's agency behavior, exercising the right of uneasy defense, exercising the right of defense at the same time, exercising the right of defense in advance, notifying the contract to be invalid, exercising the right of cancellation, etc. All parties have the right to complete the notification through a lawyer's letter.
5。 Notice of termination of the contract. This is a right given to the parties by the Contract Law, which is based on the provisions of the Civil Code, and informs the other party that the contract will be terminated when the notice arrives. If the other party disagrees, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract.
6。 Reach an out-of-court settlement agreement. The reconciliation function of lawyer's letter is its main purpose.
The lawyer's letter fee generally depends on the contract. If both parties fail to make a contractual agreement on the matters to be borne by legal fees, in general, all legal fees shall be borne by both parties. If there is an agreement between the two parties, the party who advocates the lawyer's fee shall issue a lawyer's entrustment contract and an invoice to prove the actual amount of the lawyer's fee and finally determine the reasonable fee for hiring a lawyer.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 28 of the Lawyers Law.
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.