How to send a lawyer letter
1. Law firm accepts entrustment. Sign an entrustment contract and issue a power of attorney. The entrustment procedure must be complete and clear, which is the basis for the lawyer's letter to ensure its legitimacy.
2. The law firm assigns lawyers to undertake lawyer letter business. Of course, law firms can appoint or recommend lawyers according to the wishes of clients.
3. The responsible lawyer listens to the client's statement. The lawyer in charge shall listen carefully to the cause and effect of the client's entrustment, and may ask first if necessary.
4. Collect factual materials and supplement the entrusted matters. The client's first statement often can't fully bring the necessary materials for the lawyer to make a lawyer's letter. The lawyer needs to continue to communicate with the client, deeply understand the facts and collect relevant evidence materials. Lawyers must consider the authenticity, legality and relevance of these materials.
5. Analyze the statements, sort out the materials and draft the outline of the lawyer's letter. After the materials are collected and the facts are basically clear, the lawyer must first draft the outline of the lawyer's letter. Of course, if it is relatively simple, it is also appropriate to make a draft directly.
6. Draft a lawyer's letter. According to the production standard of lawyer's letter, formally draft lawyer's letter.
7. Listen to the client's opinions on the draft lawyer's letter. The lawyer's first draft should be shown to the client, and the client's suggestions, especially objections, should be further listened to. And remind the client of the relevant risks.
8. Release the final draft of lawyer's letter after revision and polishing. After listening to the client's opinions, suggestions or objections to the draft lawyer's letter, the lawyer's letter was basically issued at this stage.
9. Obtain the final written confirmation from the customer. Obtaining the written confirmation of the client's agency plan is the need of lawyer's business standardization and risk management.
10, the lawyer's letter will take effect after it is signed; Including the signature of the contractor lawyer and the seal of the law firm.
1 1. Service letter to lawyer. Sending methods include fax, face-to-face and mail (ordinary, registered, EMS and even notarization service). Attention should be paid to the preservation and collection of service evidence.
12, accept reply or reply. After receiving the lawyer's letter, the addressee may reply or reply.
13. The effect of giving feedback to the client or asking the client's lawyer's letter. After the lawyer's letter is delivered, the recipient will often reply to the lawyer's letter, especially take action, so the effect of the lawyer's letter must be tracked.
14, then reply or send a lawyer's letter. According to the reply or feedback information or the customer's request again, the letter can be sent again according to the principle of necessity.
15. Take legal action outside the lawyer's letter business.
Legal basis: Article 28 of the Lawyers Law of People's Republic of China (PRC) 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.