retainer

re·tain·er¹

R0189500 (rĭ-tā′nər)n.1. One that retains, as a device, frame, or groove that restrains or guides.2. Dentistry An appliance used to hold teeth in position after orthodontic treatment.3. a. An employee, typically a long-term employee.b. A servant or an attendant, especially one in the household of a person of high rank.

re·tain·er²

R0189500 (rĭ-tā′nər)n.1. The act of engaging the services of a professional adviser, such as an attorney, counselor, or consultant.2. The fee paid to retain a professional adviser.

retainer

(rɪˈteɪnə) n1. (Historical Terms) history a supporter or dependant of a person of rank, esp a soldier2. a servant, esp one who has been with a family for a long time3. (Mechanical Engineering) a clip, frame, or similar device that prevents a part of a machine, engine, etc, from moving4. (Dentistry) a dental appliance for holding a loose tooth or prosthetic device in position5. a fee paid in advance to secure first option on the services of a barrister, jockey, etc6. a reduced rent paid for a flat, room, etc, during absence to reserve it for future use

re•tain•er¹

(rɪˈteɪ nər)

n. 1. one that retains. 2. a servant or attendant who has been with a family for many years. 3. (esp. in feudal times) a person attached to a noble household and owing it occasional service. 4. any of various devices for maintaining the position of the natural teeth, attaching or stabilizing a denture, etc. [1530–40]

re•tain•er²

(rɪˈteɪ nər)

n. 1. the act of retaining in one's service. 2. the fact of being retained. 3. a fee paid to secure services, as of a lawyer. [1425–75; reteinir, probably n. use of Middle French retenir to retain; see -er³]

retainer

the fee paid to a professional person, as a lawyer, to engage his services.See also: Dues and Payment

Thesaurus

Noun	1.	retainer - a fee charged in advance to retain the services of someoneconsiderationfee - a fixed charge for a privilege or for professional servicesquid pro quo, quid - something for something; that which a party receives (or is promised) in return for something he does or gives or promises
	2.	retainer - a person working in the service of another (especially in the household)servantworker - a person who works at a specific occupation; "he is a good worker"body servant - a valet or personal maidcabin boy - a young man acting as a servant on a shipdomestic, domestic help, house servant - a servant who is paid to perform menial tasks around the householdfactotum - a servant employed to do a variety of jobsfamiliar - a person attached to the household of a high official (as a pope or bishop) who renders service in return for supportflunkey, flunky, lackey - a male servant (especially a footman)major-domo, seneschal - the chief steward or butler of a great householdmanservant - a man servantmenial - a domestic servantscullion - a kitchen servant employed to do menial tasks (especially washing)servant girl, serving girl - a girl who is a servant
	3.	retainer - a dental appliance that holds teeth (or a prosthesis) in position after orthodontic treatmentdental appliance - a device to repair teeth or replace missing teeth

retainer

noun1. fee, advance, deposit, partial payment, retaining fee I'll need a five-hundred-dollar retainer.2. servant, domestic, attendant, valet, supporter, dependant, henchman, footman, lackey, vassal, flunky the ever-faithful family retainer

Translations

σιδεράκιαanticiposervitore

Retainer

A contract between attorney and client specifying the nature of the services to be rendered and the cost of the services.

Retainer also denotes the fee that the client pays when employing an attorney to act on her behalf. When a client retains an attorney to act for her, the client thereby prevents the attorney from acting for an adversary.

A right to retainer refers to the authority by which the executor or administrator of the estate of a deceased person reserves out of the assets an amount sufficient to pay any debt due to him from the deceased in priority to the other creditors whose debts are of equal degree.

Cross-references

Executors and Administrators.

retainer

n. the advance payment to an attorney for services to be performed, intended to insure that the lawyer will represent the client and that the lawyer will be paid at least that amount. Commonly in matters which will involve extensive work there will be a retainer agreement signed by the attorney and client. Further payments for services can be expected as the time spent on the legal matter increase. Most lawyers do not want to be owed money, and wish to paid either in advance or promptly as the work is performed. One reason for the retainer and the problem a lawyer faces is that he/she does not want to abandon a client, but at the same time does not want to be stuck with extensive unpaid fees.

RETAINER. 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.
4.-1. In inquiring who may retain, it is natural to consider, 1st. Those cases where there is but one executor or administrator. 2d, Where there are several, and one of them only has a claim against the estate of the deceased.
5.-1. A sole executor may retain in those cases where, if the debt had been due to a stranger, such stranger might have sued the executor and recovered judgment; or where the executor might, in the due administration of the estate, have paid the same. 3 Burr. 1380. He may, therefore, retain a debt due to himself; 3 Bl. Com. 18; or to himself in right of another; 3 Burr. 1380; or to another in trust for him; 2 P. Wms. 298: the debt may be retained when administration is committed to another for the use of the creditor who is a lunatic; 3 Bac. Abr. 10, n; Com. Dig. Administration, C or an infant entitled to administration. 4 Ves. 763. An executor may retain if he be the executor of the first testator; but an executor of one of the executors of the first testator, the other executor, being still living, is not an executor of the first testator, and therefore cannot retain. 11 Vin. Abr. 363, An executor may retain before he has proved the will, and if he die after having intermeddled with the goods of the testator and before probate, his executor has the same power. 3 P. Wms. 183, and note B.; 11 Vin. Abr. 263.
6.-2. Where there are several executors, and one has a claim against the estate of the deceased, he may retain with or without the consent of the others; Off. Ex. 33; but where several of them have debts of equal degree they can retain only pro rata. Bac. Abr. Executors, A 9.
7.-II. Against whom. In those cases, 1. Where the deceased was alone bound. 2. Where he was bound with others. 3. Where the executor of the obligee is also his executor.
8.-1. Where the deceased was sole obligor, his executor may clearly retain.
9.-2. Where two are jointly and severally bound, and one of them appoints the obligee his executor; Rob. 10; 2 Lev. 73; Bac. Abr. Executors, A 9; Com. Dig. Administration,, C 1; or the obligee takes out letters of administration to him, the debt is immediately satisfied by way of retainer, if, the executor or administrator have sufficient assets.
10.-3. If the obligee make the administrator of the obligor his executor, it is a discharge of the debt, if the administrator have assets of the estate of the obligor; but if he have fully administered, or if no assets to pay the debt came to his hands, it is no discharge, for there is nothing for him to retain. 8 Serg. & Rawle, 17.
11.-III. On what claims. 1. As to the priority of the claim. 2. As to its nature.
12.-1. In the payment of the debts of a decedent, the law gives a preference to certain debts over others, an executor cannot, therefore, retain his debt, while there are unpaid debts of a superior degree, because if he could have brought an action for the recovery of his claim, he could not have recovered in prejudice of such a creditor. 5 Binn. 167 Bac. Ab. Executors, A 9; Com. Dig. Administration, C 2; 1 Hayw. 413. He may retain only where he has superior claim, or one of equal degree. 3 Bl. Com. 18; 11 Vin. Abr. 261; Com. Dig. Administration, C 1. And in a case where two men were jointly bound in a bond, one as principal, the other as surety, after which the principal died intestate, and the surety took out administration to his estate, the bond being forfeited, the administrator paid the debt; it was held he could not retain as a specially creditor because being a party to the bond it became his own debt; 11 Vin. Abr. 265; Godb. 149, Pl. 194; but see 7 Serg. & Rawle, 9; after having paid the debt, however, he became a simple contract creditor, and might retain it as such. Com. Dig. Administration, C 2, n.
13.-2. As to the nature of the claim for which an executor may retain, it seems that damages which are in their nature arbitrary cannot be retained, because, till judgment, no man can foretell their amount; such are damages upon torts. But where damages arise from the breach of a pecuniary contract, there is a certain measure for them, and such damages may well be retained. 2 Bl. Rep. 965; and see 3 Munf. 222. A debt barred by the act of limitation may be retained, for the executor is not bound to plead the act against others, and it shall, therefore, not operate against him. 1 Madd. Ch. 583.
14.-IV. What amount may be retained. 1. By the common law an executor is entitled to retain his debt in preference to all other creditors in an equal degree. 3 Bl. Com. 18; 11 Vin. Abr. 261. This he might do, because he is to be placed in the situation of the most vigilant creditor, who by suing and obtaining a judgment might have obtained a preference. Where however, the executor cannot, by bringing suit, obtain a preference, the reason seems changed, and therefore in Pennsylvania, when do such preference can be obtained, the executor is entitled to retain only pro rata with creditors of the same class. 8 Serg. & Rawle, 17; 5 Binn. 167. A creditor cannot obtain a reference by bringing suit and obtaining judgment against executors in the following states, namely: Alabama; 4 Griff. L. R. 582; Connecticut; 3 Griff. L. R. 75; Illinois; Id. 422; Louisiana;, 4 Griff. L. R. 693; Maine; Id. 1004; Maryland; Id. 938; Massachusetts; 3 Griff. L. R. 516 Mississippi; 4 Griff. L. R. 669; Missouri Id. 625; Now Hampshire; 3 Griff. L. R 46; Ohio; Id. 402; Pennsylvania; Id. 262; 8 Serg. & Rawle, 17; 5 Binn. 1 67; Rhode Island; 8 Griff. L. R. 114; South Carolina; 4 Griff. L. R. 860; Vermont; 3 Griff. L. R. 20. Such a preference can be given by the laws of the following states, namely: Delaware; 4 Griff. L. R. 1064; Kentucky; Id. 1135; North Carolina; 3 Griff. L. R. 221; Now Jersey; 4 Griff. L. R. 1282; New York; 3 Griff. L. R, 141; Tennessee; 4 Griff. L. R. 791; Virginia; 3 Griff. L. R. 360, In Georgia; 3 Griff. L. R. 444; and Indiana.; Id. 467; the matter is doubtful.
15.-2. Where the estate is solvent an executor may of course retain for the whole of his debt, with interest.

RETAINER, 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.
2. "The effect of a retainer to prosecute or defend a suit," says Professor Greenleaf; Ev. vol. ii. Sec. 141; "is to confer on the attorney all the powers exercised by the forms and usages of the courts, in which the suit is pending. He may receive payment; may bring a second suit after being non-suited in the first for want of formal proof; may sue a writ of error on the judgment; may discontinue the suit; may restore an action after a non pros; may claim an appeal and bind his client in his name for the prosecution of it; way submit the suit to arbitration; may sue out an alias execution; may receive livery of seisin of land taken by an extent may waive objections to evidence, and enter into stipulation for the admission of facts or conduct of the trial and for release of bail; may waive the right of appeal, review, notice, and the like, and confess judgment. But he has no authority to execute a discharge of a debtor but upon the actual payment of the full amount of the debt, and that in money only; nor to release sureties; nor to enter a retraxit; nor to act for the legal representatives of his deceased client; nor to release a witness."

retainer

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Patient discussion about retainer

Retainer

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Cross-references

retainer

retainer

Synonyms for retainer

noun fee

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noun servant

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Synonyms for retainer

noun a fee charged in advance to retain the services of someone

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Related Words

noun a person working in the service of another (especially in the household)

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Related Words

noun a dental appliance that holds teeth (or a prosthesis) in position after orthodontic treatment

Related Words

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Retainer

re·tain·er

Patient discussion about retainer

Retainer

Retainer

Cross-references

retainer

retainer

Synonyms for retainer

noun fee

Synonyms

noun servant

Synonyms

Synonyms for retainer

noun a fee charged in advance to retain the services of someone

Synonyms

Related Words

noun a person working in the service of another (especially in the household)

Synonyms

Related Words

noun a dental appliance that holds teeth (or a prosthesis) in position after orthodontic treatment

Related Words

re·tain·er¹

re·tain·er²

re•tain•er¹

re•tain•er²