Lawyers' letters are mainly divided into:
1, the lawyer reminded (urged) the letter. It is the most commonly used one at present. Inform the client of the client's wishes and urge the client to do or not do something;
2. Lawyer's inquiry letter. Mainly used to understand and inquire about relevant legal matters;
3. The lawyer replied. It is a letter that entrusts a lawyer to answer specific questions through a lawyer;
4. Letters from other lawyers.
The lawyer's letter has the following functions:
1. The lawyer's letter can recover the creditor's rights such as the payment owed by the entrustment in a convenient way. In commercial activities, the situation of default in payment for goods occurs from time to time. If it is solved directly through litigation, it will not only take a long time, but also lose customers. If the seriousness of the problem is pointed out to the customer through a lawyer's letter, the customer will consider solving the adverse consequences through litigation and will repay the arrears;
2. Before filing a lawsuit or applying for arbitration, sending a letter through a lawyer can delay the limitation of action;
3. A letter sent by a lawyer can clarify the facts and stop illegal infringement; Lawyer's letter has the function of clarifying facts and deterring illegal acts, which is beyond the reach of ordinary business letters and folk letters;
4. Perform other statutory notification obligations with a lawyer's letter. There are many aspects in this respect, such as notifying the agent of the ratification of the agency behavior, exercising the right of uneasy defense, exercising the right of defense at the same time, exercising the right of defense in advance, notifying the contract to be invalid, exercising the right of cancellation, etc. , all parties have the right to complete the notification through a lawyer's letter;
5. Notify to terminate the contract. This is the right given to the parties by law. According to the relevant regulations, when the notice arrives, inform both parties of the termination of the contract. 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. However, if the laws and administrative regulations stipulate that the termination of the contract should go through the formalities of approval and registration, it cannot be terminated by a lawyer's letter;
6. Reach an out-of-court settlement agreement. The reconciliation function of lawyer's letter is its main purpose. It is for this reason that lawyer's letter is welcomed by more and more people. This kind of lawyer's letter urges the two parties to reach an out-of-court mediation agreement by notifying the other party to come, write or call for consultation within a specified time limit. However, it is necessary to specify the specific time limit and give the other party the necessary preparation time.
To sum up, after the lawyer's letter is drafted and confirmed by the client, it will take effect only after it is signed by the undertaker (or the official seal of the undertaker's lawyer) and stamped with the official seal of the law firm.
Legal basis:
Article 28 of the Lawyers Law of People's Republic of China (PRC)
Lawyers can 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.