• Ask a Legal Question
  • Submit Article
  • Law Dictionary
  • My Account
  • FAQ
  • Contact Us
  • Support
  • Site Search
Login or Sign up

The Law Dictionary

  • Home
  • Law Forum
  • Law Guide
  • Law Journal
  • Lawyers
  • Legal Forms & Files
  • Inbox
  • Alerts
Home » Law Dictionary » R » RETAINER

RETAINER

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

(A) The act of withholding what one has in one’s own hands by virtue of some right. 2. An executor or administrator is entitled to retain in certain cases, for a debt due to him by the estate of a testator or intestate. 3. It is proposed to inquire, 1. Who may retain. 2. Against whom. 3. On what claims. 4. What amount may be retained. (B) practice. The act of a client, by which he engages an attorney or counselor to manage a cause, either by prosecuting it, when he is plaintiff, or defending it, when he is defendant. (C) It is the fee that is paid in advance to a lawyer to secure the lawyer’s services in the same way as a down payment. It is usually used against existing services provided and the retainer must be replenished at certain intervals. It ensures that the lawyer will be paid for work performed by having an advance deposit.

Law Dictionary – Alternative Legal Definition

1. The right of retainer is the right which the executor or administrator of a deceased person has to retain oujt pt the assets sufficient to pay any debt due to him from the deceased in priority to the other creditors whose debts are of equal degree. 3 Steph. Comm. 263. Miller v. Irby, 63 Ala. 483; Taylor v. Deblois, 23 Fed. Cas. 765. 2.In English practice, a “retainer,” as applied to counsel, is commonly used to signify” a notice given to a counsel by an attorney on the behalf of the plaintiff or defendant in an action, in order to secure his services as advocate when the cause comes on for trial. Holthouse. Agnew v. Walden, 84 Ala. 502,South. 672; Blackman v. Webb, 38 Kan. 668. A servant, not menial or familiar, that’ Is, not continually dwelling in the house of his master, but only wearing his livery, attending sometimes upon special occasions, is, in old English usage, called a “retainer.” M Cowell. General retainer. A general retainer of an attorney or solicitor “merely gives a right to expect professional service when requested, but none which is not requested.. It binds the person retained not to take a fee from another against his retainer, but to do nothing except what he is asked to do, and for this he is to be distinctly paid.” Rhode Island Exch. Bank y. Hawkins, 6 R. I.’ 206. Special retainer. An engagement or retainer of an attorney or solicitor for a special and designated purpose’: as, to prepare and try a-particular case.

Related Posts:

  • RETAIN
  • PLENE
  • JOINT EXECUTORS
  • MONEY HAD AND RECEIVED
  • SETOFF
  • ADMINISTRATION OF ESTATES

Filed Under: R

Add a New Legal Term

Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Add Dictionary Term
Sending

Law Dictionary & Guide App

Law App

Law App

Pro Law App

Pro Law App


  Over 2,000 Five Star Ratings

  •   Black's Law Dictionary 2nd Ed.
  •   Free: 14,000+ legal terms, Pro: 23,000+
  •   Law Guide & Law Journal
  •   Ask Questions & Get Answers
  •   Law Library & Lawyer Directory
  • Free Attorney Case Review

    Free legal consultation with a lawyer

    • About
    • FAQ
    • Contact
    • Disclaimer
    • Privacy
    • Legal Terms
    • Editorial Guidelines
    • © 1995 – 2016 TheLaw.com LLC
    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
    © Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
    Go to mobile version