1. Collect evidence
In practice, it often happens that the parties are ready to sue but the evidence is insufficient, and once the lawsuit is filed hastily, it is often impossible to obtain relevant evidence from the other party. In this case, sometimes it can be solved by issuing a lawyer's letter. This way is like a confirmation letter from an accounting firm. In this way, the other party's evidence, attitude and views on the disputed facts are obtained, and the other party's defense is used as written evidence.
2. Interrupt the limitation of action
A lawyer's power of attorney is entrusted by the client and reflects the will of the client. Before the dispute goes to court and arbitration, there is evidence to prove that a power of attorney has been issued, which can play the role of interrupting the limitation of action.
3. Reach an out-of-court settlement agreement
Disputes between the parties, litigation because of long settlement time, customer turnover, affecting the corporate image, is not the best solution. If you clarify the relevant facts to the other party by issuing a lawyer's letter and improve the seriousness of the problem, the other party may consider solving the adverse consequences through litigation, and it is possible to reach an out-of-court settlement agreement and successfully resolve the dispute.
4. Notice of Termination of Contract
Articles 93, 94 and 96 of the Contract Law stipulate the rights of the parties to a contract to exercise the cancellation right based on the other party's breach of contract and related procedures. By issuing a lawyer's letter, you can inform the other party that the contract is 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 dissolution.
5. Stop illegal infringement.
You can warn some unscrupulous enterprises or personnel to stop illegal and infringing acts by sending a lawyer's letter, such as slandering the goodwill of enterprises and slandering relevant personnel.
6. Fulfill other statutory notification obligations with a lawyer's letter.
There are many aspects in this respect, such as notifying and ratifying the agency behavior of unauthorized agents, exercising the right of uneasy defense, exercising the right of defense at the same time, exercising the right of defense in advance, notifying that the contract is invalid, exercising the right of cancellation, and so on. All parties have the right to complete the notification through a lawyer's letter.
The effectiveness of the lawyer's letter:
First, the scope of the law. Including:
(1) Prescription refers to the time when the law takes effect and the time when it ends.
(2) Space effectiveness refers to the area where the law takes effect (including territorial sea and airspace). General national laws are applicable to the whole country, and local regulations are only effective in this region.
(3) The influence on people refers to whom the law takes effect. If some laws apply to all citizens, some laws only apply to some citizens.
Second, it is legally binding. The legal effect of a contract means that it conforms to the conditions and procedures prescribed by law, so it is protected by law.
1, legal effect, that is, legal binding force, means that people must abide by the law if they want to act in accordance with the law.
2. Generally speaking, legal effect can be divided into normative legal documents and non-normative legal documents. The validity of normative legal documents, also known as legal validity in a narrow sense, refers to the validity or scope of application of the law, that is, who, what, where and when the law is binding. The legal effect mentioned in this chapter is a narrow legal effect. The validity of non-normative legal documents refers to the legal validity of judgments, rulings, arrest warrants and licenses.
Definition of lawyer's letter:
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. As the name implies, a lawyer's letter must be drafted and issued by a lawyer with a practice certificate, and it is customary to affix the official seal of his law firm. Of course, the lawyer's letter is also issued on the basis of the client's entrustment, and the client's identity certificate and relevant authorization documents are also needed.
A lawyer's letter is usually generated according to the following steps:
1. Sign the entrustment agreement;
2. Collect fees and issue invoices;
3. Ask the client to provide evidence materials that can restore the facts, the recipient, address and contact information of the lawyer's letter and other relevant information;
4. Review information and learn about relevant cases from customers;
5. Query the basic information of the sender;
6. The case is complex and needs serious investigation;
7. Drafting a lawyer's letter;
8. Send the draft lawyer's letter to the client for comments;
9. Modify the lawyer's letter according to the client's opinion;
10. Submit the draft lawyer's letter to the auditor of the law firm for review;
1 1. Revise the draft lawyer's letter again according to the auditor's suggestion;
12. Submit the revised draft lawyer's letter to the client for comments again, and submit it to the auditor of the law firm for review;
13. Print and submit it to the contractor's lawyer for signature;
14. Submit it to the administrative staff of the law firm, affix the official seal of the law firm, and go through the registration formalities;
15. Copy and backup;
16. Send a lawyer's letter by express mail according to the address and recipient provided by the client or obtained through investigation;
17. Inquire and print the delivery of express mail, and inform customers;
18. Send the copy of lawyer's letter, EMS receipt and express delivery information to the customer for reference;
19. Organize and file.
Legal basis:
Article 28 of the Lawyers Law of People's Republic of China (PRC), lawyers may 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 in criminal cases, providing them with legal advice, representing appeals and accusations, applying for bail for arrested criminal suspects, accepting the entrustment of criminal suspects and defendants or the designation of people's courts, acting as defenders, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives, and representing them in litigation;
(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.