The lawyer's letter is not an indictment, and you don't need to appear in court after receiving the lawyer's letter. After receiving the lawyer's letter, the parties may negotiate with each other to deal with related issues.
People's Republic of China (PRC) Civil Procedure Law
Article 125 Service of indictment and submission of reply
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
People's Republic of China (PRC) Lawyers Law
Article 28 A lawyer 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 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.
Second, what is the legal effect of the lawyer's letter?
Lawyer's letter, also known as lawyer's letter, refers to a professional legal document made and issued by a lawyer in order to disclose and evaluate relevant facts or legal issues and then make a request to achieve a certain effect.
Lawyer's letter is an unofficial document, which mainly expresses the views of the parties on the incident and has no legal effect. But there is an implication that "I have informed my lawyer that I am prepared to solve the problem through legal means".
A lawyer's letter is a lawyer's legal evaluation and risk assessment of a fact. Its purpose is to clarify the legal facts to the trustee through the legal scale and the lawyer's judgment, so that the trustee can get his own "legal evaluation", that is, "to convey the law to express his own meaning". Therefore, the essence of a lawyer's letter is a legal act of entrusting an agent to express his will, and there are two legal relationships. One is the authorization-entrustment relationship between lawyers and clients, which is the core legal relationship. The second is the legal relationship between lawyers and clients. A lawyer's letter shall, according to the reasonable requirements of the client, give a notice to the other party or explain the reasons to the client within an appropriate scope, so that the client can make a decision.
Through the above analysis, we know that the lawyer's letter is only a notice, and it has no legal effect on the disclosure and evaluation of relevant facts or legal issues. It is either a lawyer's reception or a lawsuit, so it does not involve the issue of appearing in court. If you need legal help, readers can consult.