1. How to send a letter to a lawyer 1. After the lawyer accepts the entrustment, he will undertake the business of sending a letter to the lawyer 2. The attorney will listen to the client's statement 3. Collect factual materials to supplement the entrusted matters 4. Analyze the statement materials and organize the outline of the letter to the lawyer. 5. Draft the letter to the lawyer. 6. Listen to the client’s opinions on the draft letter to the lawyer. 5. Listen to the lawyer’s opinions on the client’s letter. The client’s opinions on the draft lawyer’s letter 7. Revise and finalize the draft lawyer’s letter 8. Obtain the client’s final written confirmation 9. The lawyer’s letter becomes effective upon signature; including the signature of the attorney in charge and the seal of the law firm 10. Delivery of the lawyer’s letter 11. Accept a reply or reply 12. Give feedback to the client or inquire about the effectiveness of the lawyer’s letter 13. Reply or reissue the lawyer’s letter 14. Lawyer’s letter other than taking legal action
II , The essence, function and use of a lawyer's letter 1. The essence of a lawyer's letter A lawyer's letter is a lawyer's legal evaluation and risk assessment of a certain fact. Its purpose is to use the lawyer's legal standards and judgment to evaluate the pros and cons of the legal facts of the client. With the passage of time, a "legal evaluation" of the service object itself is carried out, that is, "conveying the law and conveying the intention." Therefore, the essence of the lawyer's letter is the expression of the intention of the legal act. There are two levels of legal relationships. One is the authorization relationship between the lawyer and the client. , this layer is the core of the legal relationship. The second is the legal relationship between the lawyer and the agent. A lawyer acting on behalf of a lawyer shall give notice according to the reasonable request of the client, or explain the reasons to the agent's subject within an appropriate scope, so that the agent's agent can make a decision. 2. Information transmission function of lawyer’s letter (1) Information transmission function. Lawyer’s letter undoubtedly has the communication function of transmitting the client’s expression of intention, wishes and lawyer’s legal evaluation. It is also a way to obtain expected response information from the subject to be served. .
(2) The psychological coercion function, through the beautification of the legal interpretation letter, can coercively persuade the other party in the name of the law and create panic threats, including two meanings. One is to convey the client’s intention. It is fixed with the situation of legal analysis (of course the overall situation is fixed), and the second is to amplify the Communicate in the name of law through the law firm's sign and the lawyer's professional image, becoming a strong expression of meaning.
3. Characteristics of lawyer’s letter 1. Single relationship. It is mainly used to express legal claims to the client. 2. Wide range of applications. It can basically be applied to all legal businesses, so its scope of application is very wide, from litigation fields to non-litigation fields, from civil fields to commercial fields, etc. 3. Intelligent and flexible. Lawyer's letters belong to the category of non-litigation business. Lawyer's letters are often brief and flexible, but the threatening nature of legal requirements makes them tough. 4. Authorize to send letters. That is, representing the client to express the client's wishes to the client in a lawyer's tone and form. 5. Legal characterization. Lawyers are regarded by people as experts in the legal field, and are the most rigorous and serious professionals. If the lawyer's letter sent by the lawyer reveals between the lines the strong color of providing legal relief to the client's wishes. Some people call a lawyer's letter a legal threatening letter, with the purpose of threatening the other party involved in a legal dispute. This is very vivid.
IV. Classification of lawyer’s letters 1. According to the main functions of lawyer’s letters, they are divided into: (1) Lawyer’s reminder (urge) letter. It is the most commonly used one at present. To inform is to inform the recipient of the client's wishes, and to urge is to urge the recipient to do or not to do something. (2) Lawyer inquiry letter. Mainly used to understand and inquire about legal matters. (3) Lawyer’s reply letter. It is a letter instructing a lawyer to respond to specific inquiries through the lawyer. (4) Other lawyer’s letters.
2. The scope of matters handled by lawyer's letters can be divided into: bank loan collection letters, commercial housing sales collection letters, property fee collection letters, lawyer's letters to stop reputation infringement, lawyer's letters to stop trademark infringement, etc., to name a few.
5. The role and purpose of the lawyer's letter Due to the different problems to be solved, the purposes of the lawyer's letter are also different. Some are to prevent and stop the occurrence and continuation of certain behaviors, such as stopping infringement; some are to urge the performance of certain obligations, such as debt collection; some are to publicize certain facts or rights, such as listed companies disclosing certain facts to shareholders; In business negotiations, attorney's letters can also be used to clarify facts. From the perspective of litigation and arbitration, the skillful use of lawyer's letters can also have the effect of delaying the statute of limitations. Lawyer's letters are widely used in civil and commercial activities, such as: 1. Investigation and evidence collection. Lawyers often encounter situations where the client is ready to sue but there is insufficient evidence. When these situations arise, some can get the other party's answer by sending letters to the lawyer to inquire and communicate, and solve the problem by searching for evidence. As the saying goes, asking for directions, investigating the evidence and the other party's attitude, and listening to the truth; 2. Negotiate and reconcile. Reconciliation of a lawyer's letter is its main purpose. Promote both parties to reach a settlement agreement by notifying the other party in person, sending letters, or calling within the specified period; 3. Supervision and warning. The lawyer's letter informs the parties of the exercise of certain legal obligations, or the lawyer's letter serves to remind the recipient to perform the agreement or legal obligation as soon as possible; 4. Explanation and evaluation. Can explain and objectively evaluate a certain legal event or legal act to meet the communication needs at the legal level; 5. Defense reply. Respond to the lawyer's letter sent by the other party with a tit-for-tat reply to refute the other party's lawyer's letter; 6. Exercising legal documents. Typically, the exercise of declaration rights includes three categories: First, the formation of claim rights, including: right of recognition, right of termination, right of option, right of repurchase, right of request for price reduction, right of rescission, right of cancellation, right of withdrawal, right of abandonment, right of cancellation , right of immunity, right of defense, etc. The second is the formation of property rights: including: right of revocation, abandonment of ownership, abandonment of other property rights, right to request division of property, right of redemption, etc. 3. Statement of interruption of statute of limitations; The above is the editor's detailed explanation of how to issue a lawyer's letter. There are 14 small points in total. If you need it, you can refer to the steps given by the editor. In the above article, the editor also introduced the definition of lawyer's letter and the characteristics of lawyer's letter in detail. In addition, according to the specific functions of lawyer's letter, lawyer's letter can also be divided into consultation letters, reply letters and other types of lawyer's letters.