A lawyer's letter refers to a professional legal document made and issued by a lawyer to disclose and evaluate relevant facts or legal issues, and then make a request to achieve a certain effect. A lawyer's letter is not an indictment or a judgment. It just tells you the other person's attitude, requirements and so on. We should actively respond and solve problems through mutual consultation. If ignored, the other party may take the next step (prosecution). If the other party has sued, it can also be settled through consultation. The key is to respond positively and collect evidence that is beneficial to you, whether it is negotiation or litigation, it will help you.
A lawyer uses a lawyer's letter to make a legal evaluation and risk assessment of a fact, with the purpose of informing the client of the legal facts with the legal scale and the lawyer's judgment, so that the client can get his own "legal evaluation", that is, "conveying the law to express his own meaning". Its essence is a legal act of entrusting an agent to express his will, which plays an important role in safeguarding the legitimate rights and interests of the parties.
What should I pay attention to if I receive a letter from a lawyer?
1, the lawyer's letter is the advance notice that one party to the dispute is going to bring a lawsuit to the law between 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, discuss with the other party how to solve 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 need to take care of 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.
To sum up, the lawyer's letter is actually a document sent to us by the lawyer after the other party entrusts a lawyer, mainly to express some opinions. This is an unofficial document, but it has no legal effect. The lawyer's letter only expresses that I will solve the problem through legal means.
Legal basis:
Article 123 of the Civil Procedure Law of People's Republic of China (PRC)
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 126
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.