Legal Analysis
Compared with the lawyer’s letter and the lawyer’s statement, the lawyer’s letter is more rigorous and serious. Its purpose is to use the lawyer’s letter to indicate the rights claimant’s infringement or The nature, consequences, and legal responsibilities of the breach of contract shall be legally explained, so that the responsible person can clearly understand the legal consequences of his behavior. The facts that need to be ascertained are different. For a lawyer's declaration, a lawyer can issue a declaration based on the authorization of the client or testator. In addition to the lawyer statements of celebrities that we often see, many business entities also often issue lawyer statements, such as statements on situations that affect the company's business reputation, etc. For lawyers, a lawyer's statement is also a legal document, and the following facts need to be clarified before issuance: (1) Whether the rights claimed by the declarant meet the legal conditions, whether the name is accurate, whether the scope is clear, and whether the content is fixed; (2) Whether the declarant has legal rights to the claimed content; (3) It is necessary to find out whether the infringement of the declarant's rights has been carried out, is being carried out or is about to be carried out, including what infringements; (4) whether the declarant has the right to assert the declarant's rights , which infringements are mainly included; (4) Whether the factual evidence provided by the declarant can support his statement. A lawyer's letter has stricter regulatory requirements than a lawyer's statement. Before issuing a lawyer's letter, the lawyer should obtain the client's explicit authorization and need to ascertain the following facts: (1) Whether the client's claimed rights meet the legal conditions, whether the name is accurate, whether the scope is clear, and whether the content is fixed; (2) whether the client's claimed rights meet the legal conditions; Whether it has legal rights to the content claimed; (3) The relationship between the lawyer's letter and the client; (4) Whether there is any infringement or breach of contract and the specific facts in the lawyer's letter; (5) Whether the lawyer's letter owns the content of the client Legal rights; (6) Whether the client is the client of the lawyer's letter. behavior and specific facts; (5) Whether the evidence and facts provided by the client can support the client’s claim; (6) Whether the evidence and materials provided by the client can support the lawyer’s opinion; (7) The legal liability that the recipient of the letter may bear responsibility. The content is different. For a lawyer's statement, whether it is to clarify facts or warn infringers, its general content can be divided into: statement of matters and statement of opinions. Matter statements are statements of specific facts that need to be stated, while opinion statements are mainly attitudes, claims and basis for the events involved.
Legal Basis
"Lawyers Law of the People's Republic of China"
Article 3 Lawyers must abide by the Constitution and laws, and abide by lawyer professional ethics and practice disciplines. Lawyers' practice must be based on facts and the law as the criterion. Lawyers' practice must accept the supervision of the state, society and clients. Lawyers' practice in accordance with the law is protected by law, and no organization or individual may infringe on lawyers' legitimate rights and interests.
Article 29 When a lawyer serves as a legal advisor, he or she shall, as agreed upon, provide advisory opinions on relevant legal issues to the client, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, and handle other entrusted matters. Legal affairs, safeguarding the legitimate rights and interests of clients.