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Significance and effect of lawyer's letter

Legal analysis:

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.

There are two levels of legal relationship, one is the authorized relationship between lawyer and client, and this level 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.

Generally speaking, a lawyer's letter has the following functions:

1. The lawyer's letter can recover the creditor's rights such as the payment owed by the entrustment in a convenient way. In commercial activities, the situation of default in payment for goods occurs from time to time. If it is solved directly through litigation, it will not only take a long time, but also lose customers. If the seriousness of the problem is pointed out to the customer through a lawyer's letter, the customer will consider solving the adverse consequences through litigation and will repay the arrears.

2. Before filing a lawsuit or applying for arbitration, sending a letter through a lawyer can delay the limitation of action.

3. A letter from a lawyer can clarify the facts and 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.

4. Perform other statutory notification obligations with the lawyer's letter. There are many aspects in this respect, such as notifying and ratifying the agent's 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. Notice of termination of the contract.

Legal basis:

Code of Practice for Lawyers (for Trial Implementation)

Article 35 A lawyer shall consult with his client on the scope, content, authority, fees and time limit of the entrusted matters. After the law firm and the client reach an agreement through consultation, they shall sign an entrustment agreement.

Article 42 After accepting the entrustment, a lawyer shall not refuse to defend, represent or terminate the entrustment by other means without justifiable reasons. If the entrusted matter is illegal, the client engages in illegal activities by using the services provided by the lawyer, or the client intentionally conceals important facts related to the case, the lawyer has the right to inform the client and ask him to correct, refuse to defend or represent, or terminate the entrustment in other ways, and obtain the lawyer's fee for the affairs that have been performed.

Derivative problem:

What is a lawyer's letter?

A lawyer's letter, also known as 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. Lawyer's letter is an unofficial document, which mainly expresses the views of the parties on the incident and has no legal effect.