Retainer in United States

Retainer Definition

The act of withholding what one has in one’s own hands, by virtue of some right. See Administrator; Executor; Lien. In Practice. The act of a client by which he engages an attorney or counsellor to manage a cause, either by prosecuting it, when he is plaintiff, or defending it, when he is defendant. 200 111. 353. The word is also used to denote the fee which the client pays his attorney when he retains him to act for him, and thereby prevents him from acting for his adversary. 200 111. 353; 38 Kan. 668. In English practice, a much more formal retainer is usually required than in America. Thus it is said by Chitty (3i Prac. 116, note [m]), that, 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. See 9 Wheat. (U. S.) 738, 830; 6 Johns. (N. Y.) 34, 296; 11 Johns. (N. Y.) 464; 1 N. H. 23; 28 N. H. 302; 7 Har. & J. (Md.) 275; 27 Miss. 567.

Retainer in Foreign Legal Encyclopedias

Link	Description
Retainer	Retainer in the World Legal Encyclopedia.
Retainer	Retainer in the European Legal Encyclopedia.
Retainer	Retainer in the Asian Legal Encyclopedia.
Retainer	Retainer in the UK Legal Encyclopedia.
Retainer	Retainer in the Australian Legal Encyclopedia.

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Link	Description
Retainer	Retainer in the Family Law Portal of the American Encyclopedia of Law.
Retainer	Retainer in the IP Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Commercial Law Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Criminal Law Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Antritrust Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Constitutional Law Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Tax Law Portal of the American Encyclopedia of Law.
Retainer	Retainer in the and Finance and Banking Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Employment and Labor Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Retainer	Retainer in the Environmental Law Portal of the American Encyclopedia of Law.

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Retainer in the Dictionaries	Retainer in our legal dictionaries
http://lawi.us/retainer	The URI of Retainer (more about URIs)
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Legal Issue for Attorneys

The act of withholding what one has in one’s own hands, by virtue of some right. See Administrator; Executor; Lien. In Practice. The act of a client by which he engages an attorney or counsellor to manage a cause, either by prosecuting it, when he is plaintiff, or defending it, when he is defendant. 200 111. 353. The word is also used to denote the fee which the client pays his attorney when he retains him to act for him, and thereby prevents him from acting for his adversary. 200 111. 353; 38 Kan. 668. In English practice, a much more formal retainer is usually required than in America. Thus it is said by Chitty (3i Prac. 116, note [m]), that, 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. See 9 Wheat. (U. S.) 738, 830; 6 Johns. (N. Y.) 34, 296; 11 Johns. (N. Y.) 464; 1 N. H. 23; 28 N. H. 302; 7 Har. & J. (Md.) 275; 27 Miss. 567.

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Notice

This definition of Retainer Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

Compensation paid in advance to an attorney for services to be performed in a case.

(Revised by Ann De Vries)

What is Retainer?

For a meaning of it, read Retainer in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Retainer.

Meaning of Retainer

In plain or simple terms, Retainer means: The fee which the client pays when he/she retains an attorney.

Retainer