The issuance of a lawyer's letter first requires the signature of the lawyer and his firm. Secondly, after the lawyer's letter is drafted and confirmed by the client, it will take effect only after the attorney's signature (or the attorney's private seal) and the official seal of the law firm. When issuing a lawyer's letter, some lawyers only sign or stamp the lawyer's private seal instead of the official seal of the law firm. This practice is irregular. In addition, even if there is a signature, it is only a legal reminder and opinion.
1. Does the lawyer’s letter need to be stamped by the law firm? Yes, it does need to be stamped by the law firm. After the lawyer's letter is drafted and confirmed by the client, it will take effect only after the attorney's signature (or the attorney's private seal) and the official seal of the law firm. When issuing a lawyer's letter, some lawyers only sign or stamp the lawyer's private seal without stamping the official seal of the law firm. This practice is irregular. Lawyers can undertake business in the name of a law firm, so the official seal of the law firm must be affixed, and the law firm's seal must also be affixed. If there is no special seal, an official seal can be used instead of the seal.
2. What are the classifications of lawyer’s letters? According to different functions, lawyer’s letters are mainly divided into: 1. Lawyer’s reminder (urge) letter. It is the most commonly used one at present. A warning means informing the recipient of the client's will, and an urging means urging the recipient to do something or not to do something. 2. Lawyer inquiry letter. It is mainly used to understand and inquire about relevant legal matters. 3. Lawyer’s reply letter. It is a letter instructing a lawyer to respond to a specific inquiry through a lawyer. 4. Other letters from lawyers.
3. What is the function of a lawyer’s letter? Generally speaking, the functions of a lawyer’s letter are: 1. A lawyer’s letter allows a convenient way to recover debts such as payment of goods that are owed by the entrustment. Payment arrears often occur in commercial activities. If the problem is solved directly through litigation, it will not only take a long time, but also cause loss of customers. If a lawyer sends a letter to point out the seriousness of the problem to the client, the client will consider resolving the adverse consequences through litigation and will most likely repay the debt. 2. Before filing a lawsuit or applying for arbitration, sending a letter through a lawyer can extend the statute of limitations. 3. Sending letters through lawyers can clarify facts and stop illegal infringements; lawyers' letters can clarify facts and deter illegal acts, which are beyond the reach of ordinary business letters and private letters. 4. Use a lawyer’s letter to fulfill other legal notification obligations. There are many aspects in this regard, such as notification to ratify the agency behavior of an agent without authority, the exercise of the right of insecurity defense, the exercise of the right of concurrent performance defense, the exercise of the right of first-suit defense, notification of the invalidity of a contract, the exercise of the right of rescission, etc., all parties involved Any notification rights you have can be completed through a lawyer’s letter. 5. Notice to terminate the contract. This is a right given to the parties by law. According to relevant regulations, the other party is notified that the contract will be terminated upon the arrival of the notice. If the other party has objections, it may request the people's court or arbitration institution to confirm the validity of the termination of the contract. However, if laws and administrative regulations stipulate that the termination of a contract requires approval, registration and other procedures, the termination cannot be notified through a lawyer's letter. 6. Reach an out-of-court settlement agreement. The conciliatory role of a lawyer's letter is its main purpose. It is for this reason that lawyer letters are becoming more and more popular. This type of lawyer's letter encourages both parties to reach an out-of-court mediation agreement by notifying the other party to come, send letters, or call for negotiation within a specified time limit. However, a specific deadline must be specified and the other party must be given the necessary preparation time. In addition, you must also inform the other party of the consequences if you fail to deal with it within the time limit, such as prosecution, termination of the contract, cessation of payment, cessation of supply, etc. The issuance of a lawyer's letter requires the seal of the law firm to be effective. This content has been introduced in detail above. If you find that when a lawyer issues a lawyer's letter, he only signs or only affixes the lawyer's private seal without affixing the official seal of the law firm, you can question the validity of the lawyer's letter issued by him.