This legal effect is mainly reflected in preventing or restraining the danger from expanding, interrupting the limitation of action, clarifying the facts, stopping the infringement and so on. Specifically, the role of the lawyer's letter includes:
1, urging the other party to fulfill its obligations.
2. Warn the other party to stop certain behaviors.
3. Questions and answers specifically stipulate or answer specific people.
4. Clarify the facts or make a public announcement.
However, the lawyer's letter also has certain limitations:
There is no res judicata and enforcement of the effective judgment of the people's court. If the contents of the lawyer's letter are intentionally inaccurate, fabricated facts, exaggerated facts and other issues, both the client and the lawyer may face corresponding responsibilities.
After receiving the lawyer's letter, failure to handle it will have the following consequences:
1. If you don't talk to the opposing lawyer, you may receive a court summons, and the court will directly judge the opposing party on the grounds of passive confrontation.
2. If no appeal is filed within the specified time, the judgment of the court will automatically take effect and begin to be implemented.
3. If you don't fulfill your obligations and communicate actively after receiving the lawyer's letter, you may be sued by the other party.
4. If it constitutes a crime (such as credit card fraud, etc. ), the other party will report the case to the public security organ, and the public security organ will file a criminal case and investigate the criminal responsibility of the suspect.
5. A letter from a lawyer can interrupt the limitation of action. If you sign it, it will interrupt the statute of limitations.
6. After receiving the lawyer's letter, carefully study the intention of the other party, actively respond to it, and avoid unnecessary legal disputes.
To sum up, the lawyer's letter is legally binding, but its legal effect is not the same as the court's judgment or ruling.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 143
A civil juristic act that meets the following conditions is valid:
The actor has corresponding capacity for civil conduct;
Meaning is truth;
Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.