Definition and format of the lawyer's letter

The lawyer's letter, also called the lawyer letter, refers to lawyers commissioned by the client to accept the facts or legal problems were disclosed, evaluation, and puts forward the requirements to achieve a certain effect and professional documents, send.

1, the nature of the lawyer's letter

letter is the fact of legal counsel for an evaluation and risk estimation, the purpose is to rule of law and legal judgment, of the service object Xiao with legal facts, moved by the pros and cons, let the service object to draw their own "law", namely "pass through", so the lawyer's letter essence is a kind of principal-agent Law mean behavior, there are two legal relationship, the authorized person is the relationship between lawyer and client, this level of law is the core. Two is between lawyers and sent to you by the subject of legal relationship. The lawyer's letter should be based on the reasonable requirements of the client and give the other party notice or within the appropriate range of service object explanations, for service object decision.

2, the function of lawyer letter

(1) the information transfer function, the lawyer's letter will undoubtedly have to convey the principal means, will and lawyers legal evaluation information communication, but also for the expected information reaction to obtain service object and the production of.

(2) psychological force function, through the law to name a letter embellishments to make each other because of legal persuasion and threats of panic, includes two meanings, one is the principal means through legal analysis to legal attitude to freeze (of course, the overall situation is fixed), two by signature law firms and lawyers occupation image zoom type transmission in the name of the law, become a strong means.

3, letter of

1 the relationship between single. Mainly used for pointing to the principal legal claims in accordance with the law expression.

2 widely used. The use of letters in all legal business can be basically, so it is suitable for a very wide range, from the lawsuit to the non litigation, from the civil to commercial applications.

The 3 lean and agile. The lawyer's letter is a kind of non litigation business category, the lawyer's letter is often short and flexible, but according to the law, the threat of characteristics which has much.

4 the letter. That is on behalf of clients as a lawyer from the principal tone and form the person to express client will.

5 characterization of majestic. The lawyer in people's view is the legal experts, is the most rigorous and serious professionals, lawyers said that if the client will give a strong legal remedy of color. Some people call the lawyer's letter, is a letter of legal letters, to let the other party involved in legal disputes threat, say very image.

4, letter of

According to the main function of the lawyer's letter into:

(1) lawyers urge (urged) function. Is a kind of the most commonly used. The client will inform letter, urging the letter people what to do or not to do what.

(2) the lawyer inquiry. Is mainly used for understanding about legal matters, use.

(3) lawyers reply. On the specific question is a lawyer by lawyers to answer the letter

   (4) the other lawyer letter.

  5, the lawyer's letter format

    (a) documents name document name should include three aspects, namely: the main content, making the name letter law firm lawyers involved and the "letter". This document name not only highlights the production unit, and point out the main content, relatively speaking, more clear, more formal and professional.

   (two) an important legal document number law firms making supplies to third parties should be marked with the symbol, which not only reflects the law firm legal professional services, is also the file and the seal is used in requirement management.

(three) by the object by sending the object name must be accurate, do not. By sending object if the agency, it should not be used as the object; if by individuals shall generally be added more respect in his or her full name after name. This is the basic requirement of judicial documents, but also to send object basic respect.

(four) a principal-agent relationship and the entrusted matters should be clear that client, lawyers, commissioned by the appointed lawyer and the entrusted matters. The basic form for general: * a law firm shall accept the entrustment of * * *, * * * the lawyer assigned to * * * * to issue the letter of lawyer.

(five) the basic facts objectivity is the fundamental requirements of this part of the contents of the objective statement, should adhere to the principle of. Statement sequence needs to arrange according to the material and evidence of content, and make the simple, complicated degree, analysis of legal liability in principle to include in the back to make clear, to ensure the consistent. Different types of lawyer's letter on the part of the contents of the arrangement and the focus is different, it is difficult to determine. The only clear general requirements.

(six) analysis requires making this part and other legal documents are consistent with the legal responsibility, must accomplish "take the fact as the basis, take the law as the criterion". The analysis must be targeted, the facts cited must be objective and fair, must be accurately applicable law, logical proof must be rigorous and scientific. Analysis of the legal responsibility of the conclusion should be attributed to the corresponding legal responsibility to send the object shall be liable, with consideration of the characteristics of the lawyer's letter, the part of the content should be concise, accurate.

(seven) legal advice producer according to the basic facts and the analysis of the legal responsibility which the client express opinions or request; also producer should further explain the adverse conditions and consequences if the delivery object does not comply with the opinions or request will face to the object, caused by the attention.

(eight) letter issued instructions lawyer letter issued in this way should be explained, in order to improve the effect of preservation of evidence, and prove the validity of the letter issued by the way. Such as: the lawyer's letter by fax (indicated by the object fax number and the recipient) and express mail delivery service.

(nine) letter producer contact shall explain the producer's address, zip code, phone, mobile phone and e-mail contact, so that the sending object and producer.

(ten) the production unit tail indicate production units, this is the general requirements of judicial documents.

(eleven) producer namely law signed. The signature must be the principal lawyer designated by the law, in order to avoid unnecessary disputes. The main legal services lawyer assistant is not independent, so the participated in the drafting work assistant lawyer letter shall not be signed, otherwise it may cause client misunderstanding.

(twelve) reflect the fact is making lawyer letter time, date date must not resort to deceit, the legal risk prevention unpredictable. Date must be used Chinese Chinese characters writing, do not use Arabia digital writing. 　

(thirteen) seal production unit named documents must be stamped with the seal, and seal affixed must be standardized, meet the basic requirements of the format, stamped with the seal of must be clear, position should be riding cross month. More than two pages of the lawyer's letter should indicate the page number and stamped with the seal or stamp on each page law firm service identification, in order to ensure the integrity of the lawyer's letter.

(fourteen) Annex required shall be provided by the client as the accessory material, as part of the lawyer's letter. Not required, shall be provided by the client to the worksheet mode for long term preservation.