RETAINER

retainer,n.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.]
RETAINING FEE
retaining fee. See RETAINER.
RETAINING LIEN
retaining lien. See LIEN.