a lawyer's letter has no legal effect. Lawyer's letter is an unofficial document, which mainly expresses the views of the parties on the incident and has no legal effect. 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.
The purpose of legal evaluation and risk assessment of a fact with a lawyer's letter is to make the legal fact known to the recipient through the legal scale and the lawyer's judgment, so that the recipient can get his own "legal evaluation", that is, "to convey the law to express his own meaning".
1. A lawyer's letter only expresses a certain meaning or will of the parties and has no legal effect.
2. The lawyer's letter contains the lawyer's "legal evaluation", which roughly means "you must do this according to the law (analyze it), otherwise I will solve the problem through legal means (the lawyer has been told)". Some people describe this "image" as a legal "threatening letter", which is of course a wisecrack, but it reveals that the lawyer's letter has the function of psychological bottom line warning, and it is often based on one.
second, what can a lawyer's letter do?
1. Claim, claim, debt claim
This is a common usage of lawyer's letter. Usually, we directly collect debts ourselves, and the other party may ignore it. It is time-consuming and laborious to go to court directly. At this time, we usually use a lawyer's letter signed and sealed by a lawyer to put pressure on the other party with litigation as a bargaining chip. It would be great if it could be settled through consultation.
2. Interrupting the limitation of action
As we all know, many civil actions are limited by the limitation of action, usually three years, but the law also stipulates the interruption of the limitation of action, including "the obligee claims rights", and claiming rights through a lawyer's letter is more conducive to retaining evidence. Sending a lawyer's letter can be resumed after the limitation of action is interrupted, and the rights cannot be protected because of the failure of the limitation of action.
3. Complete the notice by lawyer's letter.
the law sometimes gives the parties certain rights, which need to be exercised by notice. For example, in a contract with undetermined validity, right of ratification is usually exercised by notice. In fact, the parties can exercise all the right to inform through the lawyer's letter.
4. In addition, the lawyer's letter can also be used as a legal tool to clarify the facts, notify the termination of the contract, reach an out-of-court settlement agreement, ask specific legal matters and answer specific questions.
to sum up, the lawyer's letter, as a professional legal document, has many uses in handling civil dispute cases, such as informing, creditor's rights and debts, clarifying facts and so on. But it is not issued by the administrative department or the judicial organ, so it cannot have any legal effect. With the development of society and the gradual progress of the rule of law, the role of lawyer's letter is getting stronger and stronger, and the procedures for issuing lawyer's letter are becoming more and more standardized.