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retain definition legal

1) any suspension of activity, particularly voluntary suspension of collections of debts by a private enterprise or by government or pursuant to court order. 2) in bankruptcy, a halt to the right to collect a debt. In times of economic crisis or a natural disaster like a flood or earthquake, ther… A business or inter-related group of businesses which controls so much of the production or sale of a product or kind of product as to control the market, including prices and distribution. Business practices, combinations and/or acquisitions which tend to create a monopoly may violate various fe… Management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law.

retain definition legal

1) the date when the payment of the principal amount owed under the terms of a promissory note or bill of exchange becomes due. Quite often a note states that failure to pay interest or installment payments when due “accelerates” the note, making the “maturity date” immediate if such payments are… 1) employer, in the area of law known as “master and servant,” which more properly should be called employer and employee. 2) a person, supposedly with special expertise, appointed by a judge to investigate a problem (such as whether a parent’s home is appropriate for child visitation) and report… The required inclusion of a party in a lawsuit whom the court finds is absolutely necessary to a resolution of all issues in the case. 1) any mandatory order or requirement under statute, regulation, or by a public agency. 2) order of an appeals court to a lower court to comply with an appeals court’s ruling, such as holding a new trial, dismissing the case or releasing a prisoner w…

By statute, many states consider a killin… Documentary evidence of title to real property. A muniment could be a deed, a decree of distribution proving inheritance, or a contract of sale. V. to make a motion in court applying for a court order or judgment. In criminal investigation the probable reason a person committed a crime, such as jealousy, greed, revenge or part of a theft. While evidence of a motive may be admissible at trial, proof of motive is not necessary to prove a crime.

In absence of actual physical cruelty the person wanting the divor… When two parties to an agreement both have the same understanding of the terms of the agreement. Such mutual comprehension is essential to a valid contract. It is provable by the express provisions of a written contract, without reference to any statements or hidden thoughts outside th… The attempt to settle a legal dispute through active participation of a third party who works to find points of agreement and make those in conflict agree on a fair result.

What Is A Retainer?

An act or continuing conduct of a professional which does not meet the standard of professional competence and results in provable damages to his/her client or patient. Such an error or omission may be through negligence, ignorance , or intentional wrongdo… 1) the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) a general evil and depraved state of mind in which the person is unconcerned for the lives of others.

A special retainer, which is a flat fee that the client pays for a specific case or project. Many states prohibit this form of retainer because it may prevent the client from discharging the attorney at any time during the representation.

Courtney Marie Peterson

A motion to strike is also made orall… A request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without https://adprun.net/ a jury obviously came to an incorrect result. This motion must be made within a few days after the judgm… The person who has borrowed money and pledged his/her real property as security for the money provided by the lender .

A traditional “right and wrong” test of legal insanity in criminal prosecutions. Under M’Naughten , a defendant is legally insane if he/she cannot distinguish between right retain definition legal and wrong in regard to the crime with whic… Ask a free question Post your question and get advice from multiple lawyers. Avvo has 97% of all lawyers in the US.

The attorney might charge you a service fee or interest on the overdue balance or take out alien on your documents or other property the attorney has. In other words, you won’t get your stuff back until you pay the attorney’s bill in full. The agreement with your attorney should spell out the attorney’s right to charge you for non-payment. What kind of work is the client expecting the lawyer to do on their behalf? What type of case will the lawyer be representing the client in?

She succeeded in retaining her lead in the second half of the race. He managed to retain his dignity throughout the performance. We will need to know some basic information about you and the other people involved in your issue to make sure we do not have a conflict. We need to make sure we do not already represent someone else involved in your situation. This type of fee is often used for one-time tasks, like creating a will or a simple bankruptcy filing.

The schedule supports the university’s Records Retention Policy and establishes retention periods based on the content and purpose of university records. In addition, tape continues to play a key role in long-term data retention. Infrequently accessed historical data finds a good home on tape, where it takes longer to restore than other formats. Storing data on tape for years is typically cheaper than storing it in the cloud and uses less energy than disk storage. Like the public cloud, tape also provides off-site storage. However, (there is always an ‘however’) You can write, ‘secure/retain the services of’ any professional person but this is either very formal, or public rations jargon for ‘hire’ or ‘employ’.

This Law Dictionary identifies commonly held definitions for terms that can be found on the Encyclopedia of Law websites. It defines common acronyms and includes links to information on major legislation and related legal terms. This Law Encyclopedia will be updated as new terminology emerges in the field, as new legislation is enacted, and as legal terms take on new meaning.

Different Types Of Retainer Agreements

From a practical point of view it may be difficult to prevent a buyer selling on goods subject to an ROT as the buyer may need to use the funds generated from the sale to pay the seller for the goods. This is the reason why under some contracts buyers are permitted to sell goods on but the contract contains a proceeds of sale clause . Contain an estimation of all fees necessary to undertake the engagement.

Van Hellemond resigned, though the NHL has retained him as a consultant. Recruiting and retaining good staff will be among his top priorities. Companies will achieve a competitive advantage by attracting and retaining the best talent. Atkinson retained his post in the enlarged banking group.

retain definition legal

However, retainer agreements also carry the risk that you will pay for unused services. If you enter into a retainer agreement that makes a lawyer available to you for a couple of months, but then never use the lawyer’s services for the duration of the contract, you will still be obligated to pay any agreed-upon retaining fees. Be sure the retainer agreement you are considering adequately fits your need for legal services. A retaining fee is a single deposit or lump sum fee the client pays in advance and is usually placed in a dedicated trust account. The lawyer performs their work and withdraws against the balance of the trust account in return for the work performed.

For Attorneys

Its distinguishing feature is that the client or customer pays in advance for professional work to be specified later. The purpose of a retainer fee is to ensure that the employed reserves time for the client in the future when their services are needed. Identifying business requirements. Creating an effective data retention policy involves more than just complying with applicable regulations. The retention policy must also take the organization’s business requirements into account. It could be that there are operational requirements that mandate retaining data for longer than what’s legally required. Attorneys are legally and ethically obligated to deposit your retainer fee in special trust accounts, not in their business accounts.

Pursuant to Article 15, Sweden wishes to have the option of postponing application of this Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail. The Declaration on Combating Terrorism adopted by the European Council on 25 March 2004 instructed the Council to examine measures for establishing rules on the retention of communications traffic data by service providers. Several Member States have adopted legislation providing for the retention of data by service providers for the prevention, investigation, detection, and prosecution of criminal offences. Those national provisions vary considerably. 1) the written record of meetings, particularly of boards of directors and/or shareholders of corporations, kept by the secretary of the corporation or organization. 2) the record of courtroom proceedings, such as the start and recess of hearings and trials, names of attorneys, witnesses and ruli…

Personally, I wouldn’t use the verb hire of a person at all. I hire cars, not lawyers. I may be a bit behind the times on this. But I have read sentences on google searcher which use the phrase”retain the services of” more generally and not just applied in a law context. It was used with a locksmith… A description of the compensation , including how the fee is calculated. You should get a list of the hourly rates for the different levels of attorneys in the practice.

How To Say Retain In Sign Language?

The effect of a retainer to prosecute or defend a suit is to confer on the attorney all the powers exercised by the forms and usages of the courts, in which the suit is pending. The up front payment a client gives a lawyer to accept a case. The client is paying to “retain” the lawyer’s services.

  • The retainer still belongs to the client until it is earned by the attorney or used for legitimate expenses, and must be returned if unused.
  • A conscious, intentional wrongdoing either of a civil wrong like libel or a criminal act like assault or murder, with the intention of doing harm to the victim.
  • Phone calls are still the number one way to communicate, but these days many prefer e-mail for day-to-day communications.
  • Even if an organization retains all the data that’s legally required, the organization must be able to produce that data if it’s requested by auditors.
  • 2) a person who endorses a check or note over to another person before it is delivered, making the endorser obligated to pay until it is delivered.
  • Such mutual comprehension is essential to a valid contract.

If the other side has a lawyer, send it to the lawyer instead of directly to the other side. Send a file-stamped copy of the Motion to Retain Case on Docket and Notice of Hearing to the other side. Form 1099-NEC is an Internal Revenue Service form for businesses to report payments made to nonemployees, such as independent contractors. Guarantee fees are the basis points paid by banks to providers of mortgage-backed securities for services and insurance.

Mandates apply to personal data produced by EU citizens, whether the company collecting the data is in the EU, as well as any people and organizations whose data is stored in the EU. It’s critical to have a data retention policy that explains which data is being held, why and where it’s being held and for how long, as it relates to GDPR directives.

Considering data types when crafting a data retention policy. In any organization some data is more valuable than other data. An organization should avoid creating a blanket data retention policy that applies to all types of data. Instead, the policy should specifically define the type of data that must be retained and establish retention requirements for each type.

Decide who’ll be responsible for creating the policy. This task won’t usually be handled by a single person in the organization because it requires expertise in various areas. Typically, the data retention policy creation process is a team effort with members of the IT staff, the organization’s legal department and other key stakeholders. A comprehensive data retention policy outlines the business reasons for retaining specific data and what to do with it when targeted for disposal. Check your employee benefits. If you are an employee of a large company or a member of a union, a lawyer on call may be part of your benefits.

A general retainer, which is a fee for a specific period of time rather than for a specific project. While no specific representation is contemplated, the client pays for the attorney’s availability during the time specified. UpCounsel is an interactive online service that makes it faster and easier for businesses to find and hire legal help solely based on their preferences. We are not a law firm, do not provide any legal services, legal advice or “lawyer referral services” and do not provide or participate in any legal representation. Essentially, you should consider a retainer when you need access to a lawyer or need them available to you.

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Such a metes and bounds descripti… 1) in corporate law, the joining together of two corporations in which one corporation transfers all of its assets to the other, which continues to exist. In effect one corporation “swallows” the other, but the shareholders of the swallowed company receive shares of the surviving corporation. That broad area of the law , statutes, cases and customs which deal with trade, sales, buying, selling, transportation, contracts and all forms of business transactions. Much of the law of business transactions is covered by the Uniform Commercial Code, which has been … A term, rapidly going out of fashion and out of the statutes, which has been used to justify granting a divorce when the state laws required that some wrong had to be found in the defending spouse.