Retain


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TO RETAIN, practice. To engage the services of an attorney or counsellor to manage a cause, at which time it is usual to give him a fee, called the retaining fee. The act by which the attorney is authorized to act in the case is called a retainer.
     2. 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. Vide the form of a retainer in 3 Chit. Pr. 116, note m.
     3. There is an implied contract on the part of an attorney who has been retained, that he will use due diligence in the course of legal proceedings, but it is not an undertaking to recover a judgment. Wright, R. 446. An attorney is bound to act with the most scrupulous honor, he ought to disclose to his client if he has any adverse retainer which may affect his judgment, or his client's interest; but the concealment of the fact does not necessarily imply fraud. 3 Mason's R. 305; 2 Greenl. Ev. Sec. 139.

References in periodicals archive ?
Lahore Qalandars, who earlier traded Umar Akmal and Sunil Narine, have only retained Fakhar Zaman in Platinum category.
During his address, Uhuru also retained Charles Keter in the Energy docket while Joe Mucheru will still steer the ICT portfolio.
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Retain International added that Retain Web Corporate is also fully compatible with SQL and Oracle databases, which allows data to be imported easily.
Students retained twice or more are nearly 100 percent likely to drop out of school.
Once a company identifies its acceptable level of retained risks, it faces the issue of how to finance those risks and how to prepare financially for a possible loss.
Some auditors already document their work and complete and retain their audit documentation in a manner consistent with SAS no.
1 Which paper towel had retained more water after three hours?
For example, Texas Rule of Evidence 503 dealing with the attorney-client privilege specifically includes an exception for "communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients." As found in California Evid.
Largely, this resulted from applying discounts for estate tax purposes in valuing fractional interests that are retained by a deceased transferor.
Due to its record-only capability, another government regulation (SEC Rule 17a-4) requires the use of unalterable WORM (write-once read-many) storage media to retain records for seven years.
In the same way, retaining walls are intended to resist the forces behind them and retain the mass behind them.