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 ?
He said the resort owner, who is also a doctor, claimed the four Myanmar nationals had offered to build the retaining wall at the resort.
The dimensions required for modelling cantilever retaining walls are shown in Table 1.
The stability of retaining walls includes both static and dynamic stability.
A lot of scholars have done a lot of work about slopes (slide) in the aspect of theoretical research [2-6], while the supporting structure form of retaining wall has no obvious development.
A retaining wall is a stabilizing structure used when soil on a slope threatens to spill and cause soil erosion, ruining the landscape or causing other problems with the home's foundation.
" We haven't really done well in the last season and there was a need for a complete overhaul and Kirsten felt retaining players ahead of the auction was unnecessary as we don't really have the firepower when it comes to our Indian stars.
The retaining ring loosens, letting in dirt and sand.
It can be reasonably argued that retaining so many students each year is more our failure than theirs.
Retaining walls are considered permanent structures intended to keep soil from moving and/or shifting in a manner that undermines the stability of a structure or adjacent areas.
Electronic documents: The IRS has published guidance on retaining computer-generated documents and storing documents electronically.