When you receive a letter from a lawyer, first of all, don't panic. You should respond specifically according to your actual situation:
1. First, clarify the focus of the dispute between the two sides and whether it is really legitimate in law; You can consult the following lawyers;
2. For minor disputes, if the lawyer analyzes that he is obviously in a weak position, he can consider peaceful negotiation with the other party.
(1) A lawyer's letter is a kind of advance notice, indicating that one party to the dispute is ready to bring a lawsuit against you.
(2) the lawyer's letter itself will not have legal consequences, just a warning.
(3) If you don't want to go to court, negotiate with the other party on how to resolve the dispute after receiving the lawyer's letter.
(4) If you think you have no problem and are not afraid of being sued by the other party, then you don't have to worry about the lawyer's letter.
(5) The lawyer's letter is the negotiation behavior of the other party before the prosecution.
(6) If the lawyer's letter is not fulfilled, the other party may bring a lawsuit to the court.
Article 28 of the Lawyers Law of People's Republic of China (PRC)
Second, the lawyer's letter fee standard of the division office
The charging standard for sending a lawyer's letter is calculated according to the subject matter involved in the letter and the lawyer's risk, but the general price is about 1000~2000 yuan. But not less than RMB 1000, negotiable.
What are the businesses that lawyers can engage in?
(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.
1, and formally sent a letter to urge it to perform the contract.
In disputes such as arrears of payment with clear facts, if the other party's behavior may or has infringed the interests of the parties, the lawyer can issue a lawyer's letter to remind the other party of his misconduct, urge him to fulfill his obligation to pay the payment for the goods, and inform him of the legal sanctions he will bear if he does not pay the payment for the goods. In this kind of cases, the lawyer's letter can shorten the time of dispute resolution and save the litigation cost and time of the parties.
2. Interrupt the limitation of action.
The statute of limitations for general debt disputes is two years. If there is no evidence to prove that the creditor asks the debtor to pay within two years after the debt expires, and the creditor files a lawsuit two years later, the court will also refuse to support the creditor's claim to ask the debtor to pay on the grounds that the limitation of action has expired, that is, the creditor loses the case. A lawyer can extend the limitation of action by issuing a lawyer's letter. This is the important legal significance of issuing a lawyer's letter.
3, can clarify the facts, 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. In cases of unfair competition and infringement of intellectual property rights, there are many such lawyer letters entrusted by the injured party.
4. obligation to inform.
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 granted to the parties by the Civil Law according to the provisions of Articles 93, 94 and 96 of the Civil Law. Notify the other party of the termination of the contract when the notice arrives. 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.
6. Promote reconciliation.
This is the end of the summary. If you still have relevant legal advice or other matters you don't understand, please come to consult the law and provide professional legal consulting services. A professional team of lawyers will answer your questions, and we will provide you with solutions according to the actual situation.