1. Detailed Answer

Dealing with an unresponsive probate attorney in North Carolina can stall your estate administration and create frustration. You have the right to clear communication about your case and your fee agreement. Follow these steps to protect your interests and move your probate matter forward.

Review Your Retainer Agreement

Start by locating the signed retainer agreement. Under Rule 1.5(c) of the North Carolina Rules of Professional Conduct, a lawyer must provide a written fee agreement that explains:

• The scope of representation
• The fee structure and billing method
• Who pays costs and disbursements
• Trust account handling for retainers (see N.C. Gen. Stat. § 84-23)

Make a Written Request for Communication

Draft a polite but firm letter or email asking your lawyer to:

• Explain the fee breakdown and retainer balance
• Summarize tasks completed and next steps in your probate case
• Provide copies of key documents, such as inventories or court filings

Keep proof of delivery or read receipts. This record shows you tried to resolve the issue.

Follow Up and Escalate Within the Firm

If you receive no response in 7–10 business days, call the firm’s intake or management team. Ask to speak with a supervising attorney about your concerns. A law firm must ensure its lawyers meet their ethical duties under Rule 1.4 (Communication).

Seek Court Intervention in Probate Proceedings

In probate, you may petition the court to allow substitution of counsel. File a motion under the North Carolina Rules of Civil Procedure, Rule 83, requesting:

• Substitution of your current attorney for new counsel
• An order directing your attorney to deliver your file and funds held in trust

The probate judge can grant the motion if it protects the administration of the estate.

File a Grievance with the North Carolina State Bar

If your lawyer continues to ignore you or fails to explain fees, consider filing a complaint for unprofessional conduct under N.C. Gen. Stat. § 84-28. The State Bar investigates violations of the Rules of Professional Conduct. Include copies of your retainer agreement, correspondence, and any billing statements.

Consult Another Probate Attorney

If you can’t restore communication, get a second opinion. A fresh perspective can help you understand your rights in probate administration and retainer disputes.

2. Key Takeaways

• Locate and review your written retainer agreement immediately.
• Send a clear, written request for fee details and case updates.
• Escalate the issue within the law firm if your attorney remains silent.
• File a motion in probate court to substitute counsel and retrieve your file.
• Consider filing a grievance with the North Carolina State Bar under N.C. Gen. Stat. § 84-28.
• Seek a second opinion from another probate attorney if necessary.

Ready to Take Action?

Understanding your rights and options in North Carolina probate matters can relieve stress and keep your estate administration on track. At Pierce Law Group, our attorneys guide you through each step of the process with clear communication and honest advice. Contact us today to discuss your case. Email us at intake@piercelaw.com or call (919) 341-7055.