What can I do if I’m not getting updates on my case and I’m worried nothing is moving forward? – North Carolina

Short Answer

In North Carolina, a client can insist on clear, written status updates and copies of anything filed, along with a realistic timeline for the next steps. If communication still does not improve, the client can request the file, ask for an itemized billing and trust accounting, and consider changing attorneys. If the issue involves correcting a death certificate, it also helps to confirm whether the request is being handled through Vital Records (administrative amendment) or requires a court order, because the path affects timing and what “progress” should look like.

Understanding the Problem

In North Carolina probate-related matters, what can be done when a client hires a lawyer to correct or amend a late spouse’s death certificate, pays a retainer, and then cannot get timely updates or confirmation that anything has been filed with the court or the records office? The decision point is whether the representation is actually moving forward (with identifiable steps and proof) versus stalled due to communication breakdown, missing information, or a disagreement about scope, timing, or fees.

Apply the Law

North Carolina law allows amendments to death certificates after they are accepted for registration, but the State Registrar controls the amendment process and can require specific forms and proof. Separately, North Carolina lawyers have professional duties to keep clients reasonably informed and to respond to reasonable requests for information. When a client cannot confirm what has been done, the practical legal focus becomes (1) documenting the status request, (2) verifying whether the correct forum is being used (Vital Records versus a court order that must be certified to Vital Records), and (3) protecting the client’s file, deadlines, and funds if the attorney-client relationship needs to end.

Key Requirements

Verifiable progress: A clear description of what has been submitted (or will be submitted), to which office, and when, plus copies of filings, cover letters, receipts, or confirmations.
Correct forum and proof: Death certificate corrections typically run through the State Registrar/Vital Records with required proof; some changes may require a court order that is then provided to Vital Records.
Clear scope and billing: A written understanding of what the retainer covers, what work has been performed, what remains, and how additional work will be billed.

What the Statutes Say

N.C. Gen. Stat. § 130A-118 (Amendment of birth and death certificates) – Allows amendments after registration by request for amendment, under rules set by the State Registrar, with proof requirements and a fee.
N.C. Gen. Stat. § 84-28 (Discipline and disbarment) – Places North Carolina attorneys under State Bar disciplinary jurisdiction for misconduct, including violations of professional conduct rules.

Analysis

Apply the Rule to the Facts: Here, the work involves correcting a death certificate, which usually means a request and supporting proof submitted through North Carolina Vital Records (and sometimes a court order if the change cannot be handled administratively). If there is no confirmation that anything has been submitted, the first “element” missing is verifiable progress: a filing receipt, a copy of the amendment request, a cover letter, or a court-stamped document. The second issue is communication and scope: without a clear timeline and billing explanation, it is hard to tell whether the delay is normal processing time or a stalled matter.

Process & Timing

Who requests an update: The client. Where: directly to the assigned attorney and, if needed, the supervising attorney/firm manager. What: a written request for (a) a status summary, (b) copies of anything filed or submitted, (c) the next step and target date, and (d) an itemized invoice and trust/retainer balance. When: set a short, reasonable response deadline in writing (for example, 7–10 business days) and ask that the response be in writing.
Verify the correct track: Ask whether the correction is being pursued as a Vital Records amendment request, or whether the lawyer believes a court order is required first. If a court order is involved, ask which court (typically the Clerk of Superior Court for many estate-related special proceedings) and what document is being sought.
Protect the file if progress remains unclear: If the firm still cannot provide proof of work or a plan, request the complete client file (including correspondence, drafts, and submissions) and consider ending the representation and hiring new counsel to avoid further delay.

Exceptions & Pitfalls

“Nothing filed” may still mean work is happening: Some death certificate corrections are handled administratively through Vital Records rather than by filing a court case, so progress may look like mail submissions, proof gathering, and back-and-forth with the records office. The fix is to request copies of what was submitted and any response from Vital Records.
Missing proof can stall the amendment: Vital Records can require specific documentation. If the lawyer is waiting on a document (for example, medical certification, funeral home cooperation, or identity documentation), the matter can pause. The fix is a written checklist of what is missing and who is responsible for obtaining it.
Fee confusion and retainer issues: If billing is unclear, the client may not know whether additional work requires more funds. The fix is to request an itemized statement and the current trust/retainer balance, then decide whether to continue, revise the scope, or change counsel.
Switching attorneys without getting the file: Changing lawyers can be efficient, but only if the file is transferred promptly. The fix is to request the file in writing and confirm where it should be sent.

Conclusion

In North Carolina, when case updates are not happening, the practical next step is to demand verifiable progress: a written status report, copies of anything submitted to Vital Records or filed in court, and a clear timeline for the next action. Death certificate corrections often run through the State Registrar’s amendment process, so “progress” should include proof of submission and any response from the records office. If the firm cannot provide that, the next step is to request the full file and an itemized billing and then decide whether to change attorneys.

Talk to a Probate Attorney

If there is a probate-related records issue and communication has broken down with current counsel, our firm has experienced attorneys who can help clarify what should have been filed, what proof is needed, and what timelines to expect in North Carolina. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.