Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.


Friday, 17 November 2017

legal word of the day: A RETAINER

legal word of the day: A RETAINER

A RETAINER: A) a fee to secure services or B) a recurring (e.g. monthly) payment

A) A RETAINER: wstępne honorarium (the fee that the client pays when employing an attorney = the client retains an attorney to act for him and thereby prevents the attorney from acting for an adversary)

B) TO HAVE A LAWYER ON (A) RETAINER – współpracować na stałe z adwokatem/prawnikiem, płacąc mu stałą miesięczną opłatę (to pay a lawyer a small amount on a regular basis and, in return, have the lawyer perform some legal services whenever needed)

TO RETAIN A LAWYER – wynająć adwokata, prawnika (to hire a lawyer)
AN ADVERSARY – przeciwnik (here: the opposing party)

(1) A retainer used to refer to money paid to an attorney simply to secure the services of the attorney in case they were needed in the future. The attorney may or may not have done any work even though he or she was paid the retainer. But by receiving the retainer, the attorney agreed not to take on any work that could conflict with that of the client paying the retainer.

(2) Although I sometimes lament having to authorize the payment on the monthly invoice, I consider our company lucky to have a very impressive Biglaw partner on retainer from a nationally known Biglaw firm.

BIGLAW – najpotężniejsze kancelarie prawnicze (the collective nickname for the world's biggest and most successful law firms: they employ a significant number of attorneys, usually 100 or more; their lawyers typically enjoy some of the best salaries in the industry; they recruit from the top law schools in the country; maintain a national or global presence, often with multiple offices across the country or around the world)

(3) Someone pays the lawyer to be on retainer so that they can consult with them whenever they want/often. This is cheaper than paying the lawyer each time the person needs legal advice. Normally this is only done for companies or people with a lot of wealth.

MIKE: How much do you charge?
REGGIE: I don’t know. What kind of case is it?
MIKE: What kind of cases do you take?
REGGIE: Mostly cases involving abused or neglected children. Some abandoned children. Lots of adoptions. A few medical malpractice cases involving infants. But mainly abuse cases. I get some pretty bad cases.
MIKE: Good, because this is a really bad one. One person is dead. One is in the hospital. The police and FBI want to talk to me.
REGGIE: Look, Mark I assume you don’t have a lot of money to hire me, do you?
REGGIE: Technically, you’re supposed to pay me something as a retainer, and once this is done I’m your lawyer and we’ll go from there. Do you have a dollar?
MIKE: Yes.
REGGIE: Then why don’t you give it to me as a retainer?
MIKE: This is all I’ve got.
REGGIE: Okay now I’m the lawyer and you’re the client. Let’s hear the story.

MEDICAL MALPRACTICE – błąd w sztuce lekarskiej (improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional)
CHILD ABUSE/ CHILD MALTREATMENT – krzywdzenie/maltretowanie dziecka (physical, sexual, or psychological maltreatment or neglect of a child or children, especially by a parent or other caregiver)
PHYSICAL CHILD ABUSE – przemoc fizyczna wobec dziecka
ABUSED CHILDREN – dzieci krzywdzone/ maltretowane
NEGLECTED CHILDREN – zaniedbane dzieci (children whose basic needs are not met; child neglect is a form of child abuse; it occurs when a person who is responsible for the child fails to care for the minor’s emotional or physical needs; neglect involves not meeting children's basic needs: physical, medical, educational, and emotional)
ABUSE CASES – sprawy krzywdzenia/maltretowania np. dzieci/ kobiet

No comments:

Post a Comment