The essence of lawyer's letter:

A lawyer's letter is a lawyer's legal evaluation and risk assessment of a fact. Its purpose is to clarify the legal facts to the trustee through the legal scale and the lawyer's judgment, so that the trustee can get his own "legal evaluation", that is, "to convey the law to express his own meaning". Therefore, the essence of a lawyer's letter is a legal act of entrusting an agent to express his will, and there are two legal relationships. One is the authorization-entrustment relationship between lawyers and clients, which 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.

The role of lawyer's letter:

(1) information transmission function, the lawyer's letter undoubtedly has the meaning and will of the client, the lawyer's legal evaluation and other information transmission, and is also made in order to obtain the expected information response of the client.

(2) Psychological coercion can make the other party threatened by persuasion in the name of law after writing a letter by law, which includes two meanings. One is to freeze the meaning of the parties through legal analysis (of course, the overall situation is frozen), and the other is to use the signboard of the law firm and the professional image of lawyers to amplify and convey it in the name of law and become a strong expression of meaning.

The function and application of lawyer's letter;

Because of the different problems to be solved, the purpose of writing letters is different. Prevent and stop the occurrence and continuation of certain acts, such as stopping the infringement; Urging to fulfill obligations, such as debt collection; Have the right to disclose a fact or right, such as a listed company disclosing a fact to shareholders; In business negotiations, a lawyer's letter can also be used to clarify the facts. From the point of view of litigation and arbitration, the clever use of lawyer's letter can also delay the limitation of action. Lawyer's letter is widely used in civil and commercial activities, such as:

1. Investigate and collect evidence. Lawyers often encounter cases where the parties are ready to sue but the evidence is insufficient. Some of these situations can be solved by sending a lawyer's letter to ask for communication, getting the other party's reply and looking for evidence. It is called throwing stones to ask for directions, spying on evidence and the attitude of the other party, and spying on truth and falsehood;

2. Settle through consultation. The reconciliation function of lawyer's letter is its main purpose. Urge the two parties to reach a settlement agreement by notifying the other party to come, writing or calling for consultation within the prescribed time limit;

3. Urge the warning. Exercising some legal obligation to inform through a lawyer's letter, or reminding the recipient to fulfill the agreement or legal obligation as soon as possible through a lawyer's letter;

4. Explain the evaluation. You can explain and objectively evaluate a legal event or legal act to meet the communication needs of the legal level;

5. reply. reply. Respond to the lawyer's letter sent by the other party in a tit-for-tat manner in order to refute the lawyer's letter from the other party;

6. Movement statement. Generally speaking, the exercise statement includes three categories: First, the right of creditor's rights formation, including: right of ratification, termination right, option right, repurchase right, claim right for price reduction, rescission right, cancellation right, cancellation right, waiver right, set-off right, exclusion right and defense right. Second, the right of real right formation: including: revocation right, abandonment of ownership, abandonment of other real rights, right of claim for division of things, right of redemption of things, etc. The third is the theory of interruption of limitation of action;

Of course, some people may say that business letters for these purposes can also be done. However, because the lawyer's letter is, after all, a legal evaluation and risk estimation made by legal professionals from a legal perspective and viewpoint, its legal scale and empirical judgment will inevitably make every reader subconsciously compare the facts with the actual situation and the law, draw their own "legal evaluation" and even make legal risk estimation. It can be said that the lawyer's letter is a quick "brainwashing" for the reader, forcing him to turn from general thinking to legal thinking, which is beyond the reach of ordinary business letters. Therefore, the lawyer's letter has been widely recognized by society. It is not uncommon for celebrities to issue lawyers' letters to safeguard their various rights and interests, and it is also common for enterprises to issue lawyers' letters or statements for business needs.