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See also:RETAINER (from " retain," See also:Lat. retinere, to hold back, keep) , properly the See also:act of retaining or keeping for oneself, or a See also:person or See also:object which retains or keeps; historically, a follower of a See also:house or See also:family, and particularly used of armed followers attached to the barons of the See also:middle ages. See also:John See also:Cowell, in The Interpreter (1607), defines " retainer " as a " servant not meniall nor See also:familiar, that is, not continually dwelling in the house of his See also:lord or See also:master, but onely using or bearing his name or See also:livery."
Retainer of Counsel.—When it is considered desirable by a litigant that the services of any particular counsel (See also:barrister) should be obtained for the conduct of his See also:case, it is necessary to See also:deposit with counsel a See also:form of retainer together with the necessary See also:fee in See also:cash, from which See also:- TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
- TIME, MEASUREMENT OF
- TIME, STANDARD
time counsel is See also:bound to give the party who has thus retained him the first See also:call on his services in the See also:matter in which he has been retained. Retainers are either See also:general or See also:special. A general retainer is one which retains counsel for all proceedings in which the person retaining is a party, and lasts for the See also:joint lives of client and counsel. If any other person offers a special retainer or brief against the general retainer, counsel must give the general retainer See also:notice of such offer—and if after a reasonable time the general retainer does not himself specially retain or brief counsel, the general retainer is forfeited. A special retainer is one which only applies to some particular cause or See also:action. It can only be delivered after the action is begun, and gives the client a right to the services of counsel throughout the course of the action, and counsel is entitled to be briefed on all occasions to which the retainer applies. Retainer rules were See also:drawn up in 1901 by the See also:Bar See also:Committee, read by the Bar See also:Council and approved by the See also:Attorney-General and the Council
of the Incorporated See also:Law Society in 1902. They may be found
in the See also:Annual Practice. the See also:administration
Retainer of See also:Debt.—In connexion with
of an See also:estate under a will, it is the right of the See also:personal representative—whether executor or See also:administrator—of a deceased person to retain legal See also:assets which have come into his hands towards the See also:payment of a debt due to himself as against creditors of an equal degree, and this even though his debt is barred by the Statutes of See also:Limitation. The See also:privilege arose in all See also:probability from the inability of the representative to See also:sue himself, though it has been suggested that it is merely a corollary to the right of the representative to prefer one creditor to another of equal degree.' The principle of retainer is not looked upon with favour by courts of See also:equity, and consequently it has See also:long been the See also:rule that there is no right to retain out of equitable assets. It was thought that the effect of the See also:Land See also:Transfer Act 1897 was to make all the assets of the deceased legal assets, and so extend the privilege to reality which had till then been exempt; this view, however, has been repudiated by the courts of equity, and it must now be taken that there is still no right to retain out of real estate' It is a rule of the See also:probate See also:division to require a creditor administrator, to whom letters of administration are granted, to enter into a See also:bond with two sureties not to prefer himself. This course, however, is not followed where administration is granted to a person as next of See also:kin who happens also to be a creditor.
The privilege is not lost by See also:judgment for an See also:account being given in a suit by other creditors for the administration of assets, and the representative may retain out of assets which come to his See also:hand subsequent to such judgment. On the other hand, the See also:appointment of a See also:receiver deprives the representative of his right except as regards assets which come to his hands See also:prior to the appointment of the receiver.
End of Article: RETAINER (from " retain," Lat. retinere, to hold back, keep)
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