First, whether the lawyer's letter must be signed and sealed by the client or attached with a power of attorney.
Lawyer's letter, also known as lawyer's letter, generally refers to a professional legal document produced and issued by a lawyer to disclose and evaluate relevant facts or legal issues and then make a request to achieve a certain effect.
Whether the lawyer's letter must be signed by the client or attached with a power of attorney is not clearly stipulated by law. Lawyer's letter belongs to agency behavior in legal nature, and lawyers belong to agents, so the legal provisions of agency should be applied, and lawyers who issue lawyer's letters should prove that they have agency rights.
According to the law that agents can ratify, it is generally believed that a lawyer's letter, although not signed, sealed or attached with a power of attorney by the client, should be deemed valid if it is ratified by the client afterwards. For example, the case of the Supreme People's Court Announcement "Shenzhen Fushanbao Industrial Co., Ltd. and Shenzhen Fuxing Joint-stock Cooperation Co., Ltd., Shenzhen Baoan Fuyong Property Development Corporation and Shenzhen Jin Investment Development Co., Ltd." contains the Supreme People's Court Announcement No.5 (No.1 1), which holds that the parties concerned entrust lawyers to issue a lawyer's letter to terminate the contract.
However, in some individual cases, such as "Wang Quanfu v. Tianjin Ren Li Orthopedic Equipment Co., Ltd. Dispute over Confirmation of Shareholders' Qualification and Right to Know" (Tianjin Hedong District People's Court (2008) No.416), the court held that the lawyer's letter was not accompanied by a power of attorney, nor was it signed by the shareholders, nor did it explain the reason, purpose and scope of the request for access to the company's account books, so the company could not determine whether the shareholders' access to the company's account books harmed the company' Because the lawyer's letter is not accompanied by the power of attorney and the signature of the client, the company cannot judge whether the lawyer's letter represents the will of shareholders, and there is no fault in the company's failure to arrange for shareholders to consult the company's accounting books.
Therefore, in order to avoid unnecessary disputes, it is best for a lawyer's letter to be signed, sealed or attached with a power of attorney by the client.
Second, the role of the lawyer's letter
1, the lawyer's letter played the role of enemy first and then enemy.
A lawyer's letter can recover the money owed and other creditor's rights in a convenient way. In daily business activities, the situation of default in payment for goods occurs from time to time. If the creditor points out the seriousness of the problem to the customer through a lawyer, the customer will worry about the adverse consequences brought about by solving the problem through litigation, so as to repay the debt as soon as possible.
2. The lawyer's letter can effectively interrupt the limitation of action.
As many people know, the general debt will not be paid after more than three years. Although this understanding is not very correct, the law does stipulate that if the limitation of action exceeds three years, the right to win the case will be lost. In real life, there is a common arrears dispute: the debtor has issued an iou, and the creditor has repeatedly advocated asking for arrears, but because he does not understand the legal provisions of litigation, he has not collected and preserved relevant evidence for asking for arrears. Once the repayment period shown on the IOU exceeds three years, the debtor claims in court that it has exceeded the limitation of action. Although the court may have found out the fact of the arrears, it will also decide that the creditor will lose the case because it cannot provide evidence that does not exceed the limitation of action. Therefore, the lawyer's power of attorney is entrusted by the parties, which reflects the will of the parties. Before the dispute is brought to court for arbitration, there is evidence that a power of attorney has been issued, which can play the role of interrupting the limitation of action.
3. What will happen if you ignore a letter from a lawyer?
When you receive a lawyer's letter from the other party, it shows that you have accepted the entrustment of the other legal professional to handle the contradiction between you through legal channels. You can refuse the visa, even without talking to the opposing lawyer, but this may lead to your receiving a "court summons" next time. You can also ignore the court summons, so that the court will directly judge the other party's victory because the defendant does not appear in court or passively confronts. You can appeal within 15 days. /kloc-If no appeal is made after 0/5 days, the court's judgment will automatically take effect and begin to be executed. If it still refuses to execute, the other party has the right to apply to the court for an execution order.
Therefore, if you don't fulfill your obligations and communicate actively after receiving the lawyer's letter, the following consequences will result:
1. The other party may bring a civil lawsuit to the court.
2. If it constitutes a crime (such as credit card fraud, etc. ), the other party will report the case to the public security organ, which will file a case for investigation and investigate the criminal responsibility of the criminal offence.