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Home » Law Dictionary » R » RETAIN

RETAIN

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

practice. To engage the services of an attorney or counselor to manage a cause, at which time it is usual to give him a fee, called the retaining fee. The act by which the attorney is authorized to act in the case is called a retainer. 2. Although it is not indispensable that the retainer should be in writing, unless required by the other side, it is very expedient. It is therefore recommended, particularly when the client is a stranger, to require from him a written retainer, signed by himself; and, in order to avoid the insinuation that it was obtained by contrivance, it should be witnessed by one or more respectable persons. When there are several plaintiffs, it should be signed by all and not by one for himself and the others, especially if they are trustees or assignees of a bankrupt or insolvent. The retainer should also state whether it be given for a general or a qualified authority. There is an implied contract on the part of an attorney who has been retained, that he will use due diligence in the course of legal proceedings, but it is not an undertaking to recover a judgment. An attorney is bound to act with the most scrupulous honor, he ought to disclose to his client if he has any adverse retainer which may affect his judgment, or his client’s interest; but the concealment of the fact does not necessarily imply fraud.

Related Legal Terms & Definitions
  • RETAINER (A) The act of withholding what one has in one's own hands by virtue of…
  • ATTORNEY FEES The amounts paid to a lawyer for legal services provided, which can occur in several…
  • CLIENT A person who employs or retains an attorney, or counsellor, to appear for him in…
  • GENERAL APPEARANCE The first time an attorney appears in court representing a client, after which the attorney…
  • GENERAL RETAINER Money that is given to an attorney for legal services to be rendered and from…
  • ATTORNEY-CLIENT PRIVILEGE A rule that, subject to limited exceptions, requires that all communications between an attorney and…
  • ATTORNEY OF RECORD The attorney who has appeared in court or represents a party and is so acknowledged…
  • BAR EXAMINATION The test or examination for which graduates of accredited law schools must pass in order…

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