Online live lawyer's letter arrived. Will the consequences be serious, Zhihu?

In recent years, as a sharp weapon in non-litigation service, lawyer's letter has been recognized and valued by more and more parties. Many people ignore the lawyer's letter, so they may force the other party to file a lawsuit. So, what does a lawyer's letter mean? The lawyer's letter has arrived. Will the consequences be serious? How long can I file a lawsuit after receiving the lawyer's letter? What if I receive a letter from a lawyer? Chongqing Ye Cheng Law Firm will answer your questions in combination with practice.

1. What does a lawyer's letter mean?

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 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".

The essence of lawyer's letter 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. It has two legal relationships:

1. The authorization-entrustment relationship between lawyer and client is the core legal relationship;

2. Legal relationship between lawyer and client.

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.

Second, what should I do if I receive a letter from a lawyer? How serious are the consequences when the lawyer's letter comes?

If you receive a letter from a lawyer, you need to be clear about the following points:

1. A lawyer's letter is an advance notice that one party to the dispute is going to sue you.

2, the lawyer's letter itself will not have legal consequences, just a warning.

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.

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.

In other words, a lawyer's letter is neither an indictment nor a judgment. It just tells you the other person's attitude, requirements and so on.

When you receive a letter from a lawyer, you should respond positively and negotiate with the other party to solve it. 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.

3. How long can I file a lawsuit after receiving the lawyer's letter?

There is no rule that lawyers will be prosecuted if they write too many letters. Because the main function of lawyer's letter is to urge the disputing parties to negotiate and solve the problem through consultation, there are of course a large number of lawyer's letters for the purpose of terminating the contract:

1. If you receive a letter from a lawyer, actively negotiate, and the successful negotiation will not be prosecuted; If the negotiation fails, you may be prosecuted, and there is no mandatory time limit for prosecution after receiving the lawyer's letter.

2. If the other party fails to reply after the lawyer's letter is sent, or replies but fails to achieve the expected effect. At this time, it is necessary to communicate whether it is necessary to take further action and impose sanctions. In the "lawyer's opinion" part of the general lawyer's letter, the other party will be required to take corresponding actions within the specified time, otherwise corresponding sanctions will be imposed. A "legal threat letter" has been sent out. Within the prescribed time limit, the other party didn't do what you wanted, and you didn't take any sanctions. It doesn't work to send any letters after that. The other party will think that it is just a scare and will not take any action. The sender should be aware of this and decide whether to take further action.

If you want to go to court or take other legal measures, then go through the relevant entrustment procedures and enter the next legal procedure.