After receiving the lawyer's letter, you should take the other party's meaning seriously and study it carefully, because it may indicate that the other party is ready to take the dispute to court. Lawyer's letter is an unofficial document, which is mainly used to express the views of the parties on the incident. It has no legal effect, but it shows that one party to the dispute is ready for litigation. The function of a lawyer's letter is to inform the recipient that the client wants the recipient to do something or stop doing something. If the recipient ignores it, the other party may take further legal action, including bringing a civil lawsuit to the court. Therefore, it is an important step to actively reply to the lawyer's letter, negotiate with the other party to resolve the dispute, or prepare the corresponding evidence for defense.
The function and influence of lawyer's letter;
1, warning function: a lawyer's letter is usually used to formally remind the other party of the possible legal consequences of his actions;
2. Dispute settlement: the lawyer's letter can be used as a way to resolve disputes and urge the other party to communicate or compromise on some issues;
3. Evidence function: in the subsequent legal proceedings, the lawyer's letter can be submitted to the court as written evidence;
4. Formal requirements: Some legal procedures require sending a lawyer's letter before litigation as a necessary procedure before litigation;
5. Avoid litigation: Expressing your position through a lawyer's letter can sometimes prevent both parties from entering more complicated and costly litigation procedures.
To sum up, receiving a lawyer's letter means that the other party may file a civil lawsuit with the court. Therefore, it is an important step to carefully study the other party's intention, actively reply to the lawyer's letter, negotiate with the other party to resolve the dispute, or prepare the corresponding evidence to defend.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 28
Lawyers can engage in the following businesses:
Accepting the entrustment of natural persons, legal persons or other organizations to serve as legal advisers;
Accept the entrustment of the parties in civil cases and administrative cases, act as agents and participate in litigation;
Accepting the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies to act as defenders, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to act as agents and participate in litigation;
Accept the entrustment and represent the appeals of various litigation cases;
Accept the entrustment and participate in mediation and arbitration activities;
Accept the entrustment and provide non-litigation legal services;
Answer legal advice, write litigation documents and other documents related to legal affairs.