1. The law firm accepts the entrustment. Sign an entrustment contract and issue a power of attorney. The entrustment procedure must be complete and clear, which is the basis for the legality of the lawyer's letter.
2. The law firm assigns a lawyer to handle the legal letter business. Of course, the law firm can appoint or recommend a lawyer according to the client's wishes.
3. The responsible lawyer listens to the client’s statement. The attorney handling the case should carefully listen to the causes and consequences of the client's entrustment, and may inquire first if necessary.
4. Collect factual materials and supplement the entrusted matters. The client's first statement often does not bring all the necessary materials for the lawyer to prepare a lawyer's letter. The lawyer needs to continue to communicate with the client, gain an in-depth understanding of the facts, and collect relevant evidence and materials. Lawyers must consider the authenticity, legality and relevance of these materials.
5. Analyze the statement, organize the materials, and draft an outline of the lawyer's letter. After the materials are collected and the facts are basically clear, the lawyer must first draft an outline of the lawyer's letter. Of course, if it is relatively simple, it is also appropriate to draft directly.
6. Draft a lawyer’s letter. Formally draft a lawyer's letter according to the standards for making a lawyer's letter.
7. Listen to the client’s opinions on the draft lawyer’s letter. The lawyer's first draft must be read by the client, and the client's suggestions, especially objections, must be further listened to. And remind the client of the relevant risks.
8. Release the final draft of the lawyer’s letter after revision and polishing. After hearing the client’s opinions, suggestions or objections to the draft lawyer’s letter, this stage basically issues the lawyer’s letter.
9. Obtain final written confirmation from the customer. Obtaining written confirmation of the client's representation plan is a requirement for legal business standardization and risk management.
10. The lawyer's letter will take effect after it is signed; it includes the signature of the attorney in charge and the seal of the law firm.
11. Letter of service to lawyer. Sending methods include fax, in person, mail and even notary services. Care should be taken to preserve and collect evidence of service.
12. Accept reply or reply. After receiving the lawyer's letter, the recipient may reply or respond.
13. Give feedback to the client or inquire about the effect of the client’s lawyer’s letter. After the lawyer's letter is served, the recipient will often respond to the lawyer's letter, especially take action, so it is important to track the effectiveness of the lawyer's letter.
14. Then reply or send a lawyer’s letter. Based on the reply or feedback information or the customer's request again, the letter can be sent again based on the principle of necessity.
15. Take legal action outside of legal letter business.
A lawyer's letter has the following characteristics:
1. Write a relationship sheet. It is mainly used to express legal claims to the person designated by the client in accordance with the law.
2. Wide range of applications. Lawyer's letters can be used in all legal business, so they have a wide range of applications, from litigation to non-litigation, from civil to commercial fields, etc.
3. Be capable and flexible. Lawyer's letter is a kind of non-litigation business, which is often short and flexible, but it has the characteristics of conciseness based on the threatening requirements made by the law.
4. Entrusted to send letters. It is to express the client's will to the person named by the client in the tone and form of the lawyer representing the client.
5. Characterize Fawei. Lawyers are considered legal experts and are the most rigorous and conscientious professionals. If the lawyer speaks, it is the client's wishes that give a strong color to the legal remedy. Some people say that a lawyer's letter is a legal threatening letter, threatening to involve the other party in legal disputes.
To sum up, the letter must be clear, express the key points directly, and use professional legal terminology. It must include details of the sender and recipient, as well as the date and subject of the letter. The content should concisely state the facts, state the requirements, and explain the legal basis. At the end of the letter, use a polite and professional tone and include the signature and contact information of the legal representative. These basic elements ensure that your legal correspondence is effective and professional.
Legal basis:
Lawyers Law of the People's Republic of China
Article 29
As legal advisors, lawyers shall, in accordance with the agreement, Provide consulting opinions to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as an agent, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of clients.
Lawyers Law of the People's Republic of China
Article 30
A lawyer who serves as an agent for litigation legal affairs or an agent for non-litigation legal affairs shall be within the scope of the entrusted authority. Protect the legitimate rights and interests of the client.