Definition of RETAINER


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. §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."




Source: Bouviers Law Dictionary 1856 Edition

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