People's Republic of China (PRC) Lawyers Law
Article 48 If a lawyer commits any of the following acts, the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government shall give him a warning and may concurrently impose a fine of less than 1, yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for more than three months and less than six months shall be given:
(1) accepting entrustment, charging fees, accepting property or other benefits from customers without permission;
(2) after accepting the entrustment, refusing to defend or represent without justifiable reasons, and not appearing in court on time to participate in litigation or arbitration;
(3) taking advantage of providing legal services to seek the disputed rights and interests of the parties;
(4) disclosing business secrets or personal privacy.
second, the essence, function and application of lawyer's letter
1. The essence of lawyer's letter
A lawyer's letter is a lawyer's legal evaluation and risk assessment of a fact. Its purpose is to clarify the legal facts to the trustee through the legal scale and the lawyer's judgment, so that the trustee can get his own "legal evaluation", that is, "to convey the law to express his meaning". Therefore, the essence of a lawyer's letter is a legal act of entrusting an agent to express his will. There are two kinds of legal relationship, one is the authorized relationship between lawyer and client, which is the core legal relationship. The second is the legal relationship between lawyers and clients. A lawyer's letter shall, according to the reasonable requirements of the client, give a notice to the other party or explain the reasons to the client within an appropriate scope, so that the client can make a decision.
2. The function of lawyer's letter
(1) The function of information transmission. The lawyer's letter undoubtedly has the meaning and will of the client, the lawyer's legal evaluation and other information transmission, and is also made in order to obtain the expected information response of the client.
(2) Psychological coercion can make the other party threatened by persuasion in the name of law after writing a letter, which includes two meanings. One is to freeze the parties' meaning through legal analysis (of course, the overall situation is frozen), and the other is to use the signboard of the law firm and the professional image of lawyers to amplify and convey it in the name of law, which becomes a strong expression of meaning.
From the above analysis, we know that according to the provisions of the Lawyers Law, if a lawyer sends a lawyer's letter at will to harm the legitimate rights and interests of others and affect their normal life, the lawyer shall bear corresponding legal responsibilities, and the judicial administrative department may give him a warning and other penalties.