Latin for Lawyers

L ATIN FOR L AWYERS

ment except as specified by the endorser; the endorsement of a check “for deposit only” is a restrictive endorsement . RESULT, RESULTING [L. resultare / to jump back, rebound] A consequence, issue or conclusion. The end product of a process. The final outcome, decision or judgment in a law suit is called the result . The word resulting means proceeding from, a consequence of. Example: A resulting trust is a trust imposed by law in circumstances in which the holder of legal title was clearly meant to hold the property for the benefit of another. Result ing powers are all those powers reserved to the federal government under the Constitution. RETAIN [L. retineo , retinere / to hold back] To hold back, to keep possession of. To have in mind or memory. To pay for the services of; to employ. To engage the services of a lawyer. Retained earn ings are the income of a business which is transferred to the capital account after payment to creditors and distribution to stockholders. RETAINAGE [L. retinere / to hold back] That which is retained or held back. In construction contracts, the builder will often hold back from his contractor(s) at various stages of the construction, and when the construction is completed, a part of the contract price, in order to assure that all subcontractors and laborers are paid and that no defects in construction manifest themselves. This hold-back is called retainage . RETAINER [L. retinere ] The act of a client in employing the services of a lawyer. Also, a sum or fee paid to a lawyer when his employment begins. A special or limited retainer is a sum paid for a single negotiation or matter. A general retainer is money paid for representation in all or several matters over a period of time, e.g., a year. RETAINING [L. retinere ] The act of holding back. A retaining lien or attorney’s lien is the right of a lawyer to hold and keep papers, money and property of his client which come into his possession, until his fees and charges are paid. The term is sometimes distinguished from the attorney’s charging lien , which attaches to money or property recovered on behalf of the client through the lawyer’s services, e.g., from a judgment or settlement, whether or not the attorney obtains possession of the proceeds. RETALIATE, RETALIATORY [L. re + talio / retaliation] To repay in kind; get even with; redress; avenge; get revenge. Retaliatory action or conduct is a wilful response to conduct which is deemed objection-

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