Retainer. (1) The contract between client and solicitor or between solicitor and counsel for professional services: the contract that such services shall not be given to the opposite party; (2) a document given by a solicitor to counsel, engaging the person who receives it to appear for a party, either in some particular suit or action in prospect (which is called a special retainer, or in all matters of litigation in which such party may at any time be involved; this is called a general retainer. Subject to rr. 20 and 21 of the Retainer Rules, a special retainer is binding if duly tendered, whether accepted or not, but there is no rule of the profession which makes a general retainer binding on a counsel unless it is accepted by him.
Rules 20 and 21 are shortly as follows.
By rule 20 counsel who has drawn pleadings or advised, or accepted a brief, during the progress of an action on behalf of any party must not accept a retainer or brief from any other party without giving the party or whom he has drawn pleadings or advised, or on whose behalf he has accepted a brief, the opportunity of retaining or delivering a brief to him.
By rule 21 no counsel can be required to accept a retainer or brief or to advise or draw pleadings in any case where he has previously advised another party on or in connection with the case, and he ought not to do so in any case in which he would be embarrassed in the discharge of his duty by reason of confidence reposed in him by the other party.
As to enforcement of rule 20, it is a rule of the profession that when a brief is offered or delivered to any counsel, and he finds that another counsel has become entitled to a brief within the meaning of that rule and has not been briefed, 'such first named counsel ought, where practicable, to ascertain from the solicitor offering or delivering such brief whether there is any sufficient explanation why a brief has not been offered or delivered to such other counsel, and unless a satisfactory explanation is given ought to refuse or return the brief.' See Annual Practice.
1. A clients authorisation for a lawyer to act in a case. 2. A fee paid to lawyer to secure legal representation, Black's Law Dictionary, 7th Edn., p. 1317.