What should I do if my probate lawyer is unresponsive and fails to clearly explain the retainer agreement and case details? - Pennsylvania
The Short Answer
If your Pennsylvania probate lawyer is not communicating and is not clearly explaining the fee/retainer arrangement or what is happening in your case, that is a serious red flag. You generally have the right to change counsel, request your file, and demand clarity about fees—especially because probate matters can involve court deadlines and fiduciary obligations that can’t be ignored.
What Pennsylvania Law Says
In Pennsylvania probate matters (often handled in Orphans’ Court), lack of communication can create real risk—missed filings, delayed estate administration, and disputes among beneficiaries. While many client-rights issues are governed by professional conduct rules rather than a single “probate statute,” Pennsylvania law recognizes that attorneys remain subject to professional responsibility obligations and standards.
The Statute
The primary law governing this issue is 42 Pa.C.S. § 7411.
This statute establishes that Pennsylvania attorneys’ professional responsibility obligations and standards continue to apply (including duties around client communication and handling the attorney-client relationship), even when the dispute arises in the context of a probate case.
If your issue also involves estate administration problems (for example, delays or mismanagement by the personal representative/executor), Pennsylvania probate law provides court oversight tools that may become relevant depending on the facts. For background on probate attorney retainers and fees in Pennsylvania, see Can a Pennsylvania Executor Pay a Probate Attorney Retainer from Estate Funds (and How Are Attorney Fees Handled)?.
Why You Should Speak with an Attorney
Even when the general rule is clear (your lawyer should communicate and fees should be understandable), fixing the problem without harming your probate case is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Probate and Orphans’ Court matters can involve time-sensitive filings, notices, and objections. If deadlines are missed, the estate (and sometimes the executor) can face avoidable consequences.
- Burden of Proof: If there is a fee dispute, you may need documentation showing what you were told, what work was performed, and what funds were paid/earned versus unearned.
- Exceptions: Some retainer arrangements and probate fee issues can be_toggle_ by court approval requirements, local Orphans’ Court practices, and whether fees were paid personally versus from estate funds.
Also, changing lawyers mid-probate can create transition issues (getting the file promptly, avoiding gaps in representation, and preventing delays). A new probate attorney can quickly assess what has been done, what is missing, and whether any immediate court action is needed to protect the estate and your interests.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.