As the name implies, a lawyer's letter is sent by a lawyer, so a lawyer's letter is useless.
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, the role of the lawyer's letter
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
The Civil Code stipulates the rights and related procedures of the parties to a contract to exercise the cancellation right based on the other party's breach of contract. By issuing a lawyer's letter, you can inform the other party to terminate the contract 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 termination of the contract.
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. Perform other legal obligations with the 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.
From the above analysis, we know that according to the provisions of the Lawyers Law, a lawyer's letter is a document issued by a lawyer after accepting the entrustment of a client. Therefore, a lawyer's letter needs to be issued by a qualified lawyer. If you are not a lawyer, you can't issue it. Forging a lawyer's letter will bear legal responsibility.