Lawyer's letter to the defendant?

lawyer letter how to give the defendant

After the lawyer issued a lawyer's letter, usually by mail or by the lawyer personally sent to the defendant's hands, so that the defendant knows that the parties will take legal means to protect their rights.

The essence of the lawyer's letter:

The lawyer issued a lawyer's letter on a fact of legal evaluation and risk estimation, the purpose is to the legal scale and the lawyer's judgment, the object of service to the legal facts, to move to the advantages and disadvantages, so that the object of service to the "legal evaluation", that is, "to pass the law to achieve the purpose. "The essence of the lawyers' letter is a kind of legal act of proxy, there are two layers of legal relations, one is the lawyer and the principal of the authorized entrustment relationship, this level is the core of the legal relationship. The second is the lawyer and the subject of the letter on behalf of the legal relationship. Lawyer letter should be based on the client's reasonable request to give notice to the other party or within the appropriate scope to the subject of the explanation, so that the subject to make a decision.

Lawyer's letter

Gai Mou:

We are officially registered Chinese law firms, this letter is signed by a lawyer with the formal legal practice. On behalf of Chongqing so-and-so Engineering Co., Ltd, we would like to send a letter to you:

After checking, as of the date of this letter, you and Chongqing so-and-so Engineering Co., Ltd's labor relations have not been formally terminated, as evidenced by the labor contract signed by the two sides. Therefore, in order to protect your own interests and the interests of Chongqing So-and-So Engineering Co., Ltd, you are requested to terminate the original labor contract before you start a new employment.

We hope that you will give us a positive and rational response within three days of receipt of this letter.

If this matter can be handled properly and prudently by you, we would appreciate and thank you. Otherwise, we will defend our client's legal rights and interests in any way we deem fit, and at the same time pursue the corresponding legal responsibilities.

Hereby

**** Law Firm

Practicing Lawyer: Zhao **

Tel: XXXXXXX

The role of the letter of the lawyer

1) The letter of the lawyer in a convenient way to recover the commission is owed payment of goods and other claims. Commercial activities in arrears of payment occurs from time to time, if directly through litigation, not only need to spend a long time, but also because of the loss of customers. If the lawyer sends a letter to the customer pointing out the seriousness of the problem, the customer will consider the adverse consequences of litigation, and will repay the money owed.

2) A letter from an attorney can have the effect of tolling the statute of limitations until a lawsuit or arbitration is filed.

3) Through the lawyer to send a letter can clarify the facts, to stop unlawful infringement. Lawyer's letter has the role of clarifying the facts and deterring unlawful behavior, is the general business letters, civil correspondence can not be.

4) with the lawyer letter to fulfill other legal notification obligations. There are many in this regard, such as notification of recognition of an agent without the right to act on behalf of, the exercise of the right to rest assured that the exercise of the right of defense, the exercise of the right of defense, the exercise of the right of first instance, notification of invalidity of the contract, the exercise of the right to rescind, etc., where the parties have the right to inform, can be completed through the letter of the lawyers.

5) notice of termination of the contract. This is the contract law gives the parties a right to inform the other party that the contract is canceled when the notice arrives. The other party has an objection, you can request the people's court or arbitration organization to confirm the validity of the cancellation of the contract. However, laws and administrative regulations provide for the cancellation of the contract should be approved, registered and other formalities, can not be notified through the lawyer to cancel.

The above knowledge is a small "lawyer's letter to the defendant," the answer to the question, the lawyer issued a lawyer's letter, usually by mail or by the lawyer personally sent to the defendant's hands, so that the defendant knows that the parties will take legal means to protect their rights. Readers who need legal help, welcome to the legal advice.

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