Retainer

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 Ill. 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 Ill. 353; 38 Kan. 668.

In English practice, it has been said (1 Archb. 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.