Although General Retainers are much less general than formerly, they are
by no means obsolete. Noblemen could be mentioned who at the present
time engage counsel with periodical payments, special fees of course
being also paid for each professional service. But the custom is dying
out, and it is probable that after the lapse of another hundred years it
will not survive save amongst the usages of ancient corporations. Notice
has already been taken of Murray's conduct when he returned nine hundred
and ninety-five out of a thousand guineas to the Duchess of
Marlborough, informing her that the professional fee with the general
retainer was neither more nor less than five guineas. The annual salary
of a Queen's Counsel in past times was in fact a fee with a general
retainer; but this periodic payment is no longer made to wearers of
silk.
In his learned work on 'The Judges of England,' Mr. Foss observes: "The
custom of retaining counsel in fee lingered in form, at least in one
ducal establishment. By a formal deed-poll between the proud Duke of
Somerset and Sir Thomas Parker, dated July 19, 1707, the duke retains
him as his 'standing counsell in ffee,' and gives and allows him 'the
yearly ffee of four markes, to be paid by my solicitor' at Michaelmas,
'to continue during my will and pleasure.'" Doubtless Mr. Foss is aware
that this custom still 'lingers in form;' but the tone of his words
justifies the opinion that he underrates the frequency with which
general retainers are still given. The 'standing counsel' of civic and
commercial companies are counsel with general retainers, and usually
their general retainers have fees attached to them.
Public-domain text, read in full here on John Shaqi.
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