2. The following focuses on three parts: header, body and tail:
(1) title
There are two ways to write it:
The first is "imitation of foreign language writing", which is suitable for foreign-related customers such as foreign-funded enterprises. The service object goes to the top box on the left of the first line and writes: "Recipient: _ _ _ _ _ _ (full name of the service object)". The second line is blank, the third line writes the title of the lawyer's letter, the fourth line writes the signal, the fifth line is blank, the sixth line writes "Sincere respect:" in the top box on the left, and the seventh line begins to write the text.
The other is "Chinese writing", which is suitable for state-owned, collective or private enterprises, that is, the first line is left blank, the second line is written with the title of lawyer's letter, the third line is written with signal, the fourth line is left blank, the fifth line is written with the full name of the recipient, the last recipient's name is marked with a full-width colon, and the sixth line begins to write the text.
No matter how you write it, the recipient's name can't be abbreviated, which is disrespectful to customers; The sending number generally consists of the word, year and serial number of the sending company. In addition, the title of the lawyer's letter should not be simply written as "lawyer's letter", so it is difficult for readers to directly understand the main idea of the document.
(2) Text
The text is generally divided into four parts: the source of entrustment-a summary of facts-citing legal and lawyer opinions-threatening demands or opinions.
This part mainly tells about the client, the entrusted law firm, the entrusted lawyer and the entrusted matters. The basic statement is as follows:
With regard to the matter of _ _ (hereinafter referred to as "the subject matter"), _ _ law firm (hereinafter referred to as "the firm") accepts the entrustment of _ _ lawyer (hereinafter referred to as "the firm") and appoints _ _ lawyer (hereinafter referred to as "the lawyer") to issue this lawyer's letter.
The common mistake in this part is that lawyers often send letters to clients in their own names, which does not meet the requirements of China's lawyers' practice norms that law firms accept entrustment and handle business in the name of law firms.
Overview of facts
It should be noted that this part is special and does not need to be developed in detail like a legal opinion. It only needs to summarize the facts and the focus of the dispute on the basis of the materials submitted by the client and the statements made by the client. This is because the main function of lawyer's letter is "statement" rather than "analysis". If the analysis is detailed, it will be a presumptuous guest usurps the host's role.
Legal citation and lawyer's comments
The writing of this part is contrary to the generalization of the facts. Although the length of a lawyer's letter is often short, this part often needs to quote the full text of the law. Why? This is because the lawyer's letter not only has the function of "declaration", but also has the function of "persuasion", and the simplest way to persuade readers is to "convince people by law". By quoting the full text of the law, we can effectively establish our own discussion basis. This method is the simplest and most direct. After the law was promulgated, lawyers began to comment, combined with fact summary and law evaluation, and finally reached the legal rights and obligations of both parties.
Threatening demands or opinions
The last part is that the lawyer informs the other party in a professional tone and asks him to complete the prescribed matters within the prescribed time limit. On the basis of the requirements, further "threaten", if the other party does not comply with the requirements, what adverse circumstances and consequences will it face, such as bearing related expenses or losses. And strengthen the majesty of the lawyer's letter and the status of the client. Attention should be paid to this part of the threatening content, and the wording should be firm but not too hasty. The relationship between the two sides should not deteriorate excessively, nor should it dampen the enthusiasm of the other side for reconciliation. And this part should not be exaggerated and become an illegal threat.
In short, the style and language of writing should take into account the characteristics of the other party. If it belongs to ordinary people, it should be well understood; If it belongs to legal persons and mass organizations, it can be more formal; If you are a professional, you should use French.
(3) Tail
It mainly consists of four parts: the seal of the law firm, the lawyer's signature, the date of signature and the contact information. The first three parts are written in the top box on the right, in which the lawyer's signature should be handwritten and the lawyer's name should be printed below. In order to avoid scribbling, the full names of the firm and the issuing lawyer should be printed as much as possible. The last line indicates the lawyer's contact information, so that the other party can contact the lawyer in time.
The lawyer's letter consists of three parts: the first part, the text and the last part. Lawyers must follow such requirements when writing a lawyer's letter, so that the lawyer's letter written can serve as a warning to the other party. I have introduced the three requirements of a lawyer's letter above. If you need to write a lawyer's letter, you can refer to it appropriately. For more information about lawyers' letters, please consult the Fatu website.