1. A client’s authorization for a lawyer to act in a case (the attorney needed an express retainer before making a settlement offer). [Cases: Attorney and Client 64. C.J.S. Attorney and Client §§ 166, 169.]
2. A fee that a client pays to a lawyer simply to be available when the client needs legal help during a specified period or on a specified matter.
3. A lump-sum fee paid by the client to engage a lawyer at the outset of a matter.
— Also termed engagement fee.
4. An advance payment of fees for work that the lawyer will perform in the future.
— Also termed retaining fee. Cf. ATTORNEY’S FEES. [Cases: Attorney and Client 137. C.J.S. Attorney and Client §§ 282, 331.] — retain, vb.
“Over the years, attorneys have used the term ‘retainer’ in so many conflicting senses that it should be banished from the legal vocabulary…. If some primordial urge drives you to use the term ‘retainer,’ at least explain what you mean in terms that both you and the client will understand.” Mortimer D. Schwartz & Richard C. Wydick, Problems in Legal Ethics 100, 101 (2d ed. 1988).
general retainer. A retainer for a specific length of time rather than for a specific project. [Cases: Attorney and Client 64. C.J.S. Attorney and Client §§ 166, 169.]
special retainer. A retainer for a specific case or project. [Cases: Attorney and Client 64. C.J.S. Attorney and Client §§ 166, 169.]
