The lawyer's letter itself does not have any legal effect, so the other party has the right not to sign the lawyer's letter. If the other party does not sign the lawyer's letter, the party can file a lawsuit in court.
A lawyer's letter is a way of indicating that one party is ready to notify the law of litigation matters between the two parties. If you don’t want to go to court, you can negotiate with the other party to resolve the issue after receiving the lawyer’s letter. The lawyer's letter itself will not have legal consequences, it is just a warning. It may be that the parties put pressure on the other party in order to gain a negotiating advantage and force the other party to seek peace; it may also be a warning that the parties have lost confidence in resolving conflicts and filed a lawsuit. Of course, it may also include the format and key points of the letter from the parties or lawyers:
1. The naming of the document should include three aspects, namely: the name of the law firm that produced the lawyer’s letter, the main content of the lawyer’s letter content and the words "lawyer's letter". Such a document name not only highlights the production unit, but also points out the main content. Relatively speaking, it is clearer and more formal and professional.
2. Important legal documents produced by third parties provided by law firms should be marked with number symbols. This not only reflects the professionalism of the law firm's legal services, but is also an inevitable requirement for the use and management of archive seals.
3. The name of the recipient must be accurate and word for word. If the recipient is an organization, the use of abbreviations is absolutely not allowed; if the recipient is an individual, a more respectful full title such as Mr. or Ms. should generally be added after the name. This is a basic requirement for judicial documents and a basic respect for the recipient.
4. The entrustment relationship and entrusted matters should clearly identify the client, the entrusted law firm, the assigned lawyer and the entrusted matters. The basic form is generally that X Law Firm accepts XX's entrustment and assigns lawyer XXX to issue a lawyer's opinion on XXXX matter.
5. The objectivity of the statement of basic facts is the basic requirement of this part, and the principle of objective statement should be adhered to. The order of the statements should be reasonably arranged according to the content of the materials and evidence, and should be simple and complex. In principle, the facts that have been analyzed by legal liability need to be cited to ensure that the full text is coherent. Different types of lawyer's letters have different arrangements and emphasis on this part of the content, which is difficult to determine. Only general requirements are specified here.
6. This part of the legal liability analysis is consistent with the production requirements of other legal documents and must be "based on facts and based on the law." The analysis must be targeted, the citation of facts must be objective and fair, the application of law must be accurate, and the logical argument must be rigorous and scientific. The conclusion of the analysis of legal liability should be summarized as the corresponding legal liability of the subject. Considering the characteristics of the lawyer's letter, the content of this part should be as concise and accurate as possible.
7. The opinion or request of the producer of the lawyer's opinion letter based on the above basic facts and legal liability analysis reflects the client's intention; at the same time, the producer should further explain that if the client does not comply with the opinion or request, The adverse conditions and consequences that will be faced will attract the attention of the entrusted party.
8. Explain the method of issuing the lawyer's letter. The method of issuing the lawyer's letter should be explained here to improve the preservation effect of evidence and prove the legality of the method of issuing the lawyer's letter. For example: the lawyer's letter is delivered by fax (indicate the recipient's fax number and recipient) and express delivery.
9. The contact information of the producer of the lawyer's letter should indicate the producer's address, postal code, office phone number, mobile phone and email address, so that the recipient can contact the producer.
10. The production unit must be indicated at the end of the article. This is a general requirement for judicial documents.
11. To find out the truth from the other party.
To sum up, if a lawyer’s letter is sent to the place of residence but no one signs for it, you can file a lawsuit in court.
Legal basis:
Article 30 of the "Law of the People's Republic of China and the State Lawyers"
Lawyers act as agents in litigation or non-litigation matters Legal agents shall be entrusted to exercise their powers and safeguard the legitimate rights and interests of their clients.