Legal Definition and Related Resources of Retainer

In the law relating to administration of estates , the term denotes the common law right of an executor or administrator who is also a creditor of the deceased to retain as much of the estate as is sufficient to pay the debt, in preference to all other creditors of equal degree. Also, the term denotes the duty of an executor or administrator to hold back from the share of a legatee any amount of debt owed to the deceased by the legatee. The term also has the meaning of an advance payment of a fee or part thereof which a client pays to an attorney when he retains the attorney to act for him. Any fee paid to engage any professional advisor to give advice , or to secure a prior claim upon his services in case of need, and thus is not limited to lawyers fees. See Irwin v Young, 90 S. E.2d 22, 212 Ga. 1.

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.

noun

• anhabo
• compensation
• employment fee
• engaging fee
• fee contingent on future legal services
• fee paid to secure legal services
• income
• payment
• professional fee
• recompense
• remuneration
• retaining fee Associated Concepts: attorney’s retainer

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Retainer in Historical Law

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Mentioned in these terms

Retainer Of Debts, Right Of Retainer.

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

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M
eaning of Retainer in the U.S. Legal System

Definition of Retainer published by the National Association for Court Management: Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.

Retainer