a lawyer's letter refers to a professional document in which a lawyer accepts the entrustment of a client, discloses and evaluates relevant facts or legal issues, and then puts forward requirements for achieving certain results, and makes and sends legal documents. It has two legal relationships, one is the authorized relationship between lawyers and clients, and the other is the core legal relationship. The second is the legal relationship between lawyers and the subject of sending letters. The lawyer's letter shall be issued according to the reasonable request of the client, and the reasons shall be explained to the other party or the service subject within a proper range so that the service subject can make a decision. Receiving a lawyer's letter is not necessarily related to being sued. It doesn't mean that you will be prosecuted if you receive a letter from a lawyer. It depends on the decision of the other party.
when the parties receive the warning letter or complaint of infringement from the patentee, they should first take it seriously, and then carefully distinguish it. If it is not their own, they can explain it in their defense, but they must have corresponding evidence. If it is your own, you should carefully analyze whether the infringement is established.
Legal basis: "Article 126 of the Civil Procedure Law of the People's Republic of China * * * and the State. After the people's court decides to accept a case, it shall inform the parties of the relevant litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.
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What should I do when I receive a letter from a lawyer?
after receiving the letter from the lawyer, you can consider negotiating with the other party, or you can prepare for the lawsuit. A lawyer's letter is a kind of legal notice indicating that the other party has prepared for the lawsuit on the current dispute. If you don't want to go to court, you can negotiate with the other party to solve the problem after receiving the lawyer's letter. If you think you have no problem and are not afraid of being sued by the other party, you don't have to pay attention to the lawyer's letter. The lawyer's letter itself will not have legal consequences, just a warning. Lawyer's letter is generally regarded as a threat of litigation, which may be that the parties put pressure on the other party in order to gain the advantage of negotiation, forcing the other party to take the initiative to make peace; It may also be that the parties lose confidence in the settlement of contradictions and issue a lawsuit warning. Of course, it may also include the purpose of the parties or lawyers to spy out the truth and seduce information from each other.
receiving a letter from a lawyer doesn't mean that you will be exposed to the risk of a letter from a lawyer. It doesn't rule out the possibility that the parties will take good advice, and it doesn't mean that your right and wrong will be clarified from the court! So don't get confused and act rashly because of the lawyer's letter. You can keep silent, follow the development of the situation, hire a lawyer to discuss countermeasures, or send a tit-for-tat lawyer's letter to the other party in turn.
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