Iowa Supreme Court Attorney Disciplinary Board v. Kim Marlow West
901 N.W.2d 519
Iowa2017Background
- Kim Marlow West, an Iowa attorney since 1983, was hired in 2007 to probate the estate of Betty Maxine Rumme and accepted a $1,000 fee without prior court approval.
- West had little to no probate experience, failed to timely file required probate documents (inventory, interlocutory report, second publication, final report), and ignored repeated clerk and Board delinquency notices from 2008–2016.
- The estate remained open; one beneficiary (William) removed the estate funds contrary to the will, and West did not ensure proper distribution or inform the executor of developments.
- West admitted the Board’s allegations, entered a stipulation as to facts and violations, and acknowledged remorse and intent to avoid future probate work; he had a prior private admonition for communication failures.
- The Grievance Commission recommended indefinite suspension (no reinstatement for six months), reimbursement of half the fee, and payment for a probate attorney to finish the estate; the Board sought at least a public reprimand and association with counsel to finish the estate.
- The Iowa Supreme Court reviewed de novo, found multiple rule violations, and imposed a 60-day suspension with conditions (refund $1,000, notice to probate court, withdrawal from representation, costs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competence (Iowa R. Prof’l Conduct 32:1.1) | West failed to possess or obtain probate knowledge and thus provided incompetent representation. | West acknowledged lack of probate experience and blamed health; sought mitigation. | Court held West violated 32:1.1 for failing to obtain necessary probate knowledge or assistance. |
| Diligence/Neglect (32:1.3) | Repeated missed filings and multi-year failure to close the estate amounted to neglect. | West offered health problems and remedial intent as mitigating factors. | Court found repeated neglect in violation of 32:1.3. |
| Failure to respond to disciplinary authority (32:8.1(b)) | West ignored multiple Board inquiries and notices; noncooperation warrants discipline. | West responded minimally and only after suspension notice; asserted mitigating circumstances. | Court held West knowingly failed to respond, violating 32:8.1(b). |
| Conduct prejudicial / premature fee / communication (32:8.4(d); 32:1.5; 32:1.4) | West took full fee without court approval, failed to inform executor, and delayed court processes, prejudicing administration of justice. | West accepted responsibility, cited health and community service as mitigation. | Court found violations of 32:8.4(d), 32:1.5(a), and 32:1.4(a)(3); fee must be refunded and discipline imposed. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Vandel, 889 N.W.2d 659 (Iowa 2017) (standard of review; relevance of conduct prejudicial to administration of justice)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Netti, 797 N.W.2d 591 (Iowa 2011) (competent handling and failure to respond to Board inquiries)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Nelson, 838 N.W.2d 528 (Iowa 2013) (effect of stipulations; failure to respond to disciplinary authority)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Gailey, 790 N.W.2d 801 (Iowa 2010) (treatment of factual stipulations in disciplinary matters)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Van Ginkel, 809 N.W.2d 96 (Iowa 2012) (sanctions for probate neglect and premature fee collection)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Lickiss, 786 N.W.2d 860 (Iowa 2010) (multiple probate neglects, early fee collection, and suspension range)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Casey, 761 N.W.2d 53 (Iowa 2009) (failure to cooperate with Board as separate misconduct)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Ackerman, 786 N.W.2d 491 (Iowa 2010) (probate neglect, premature fees, sanctions)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Marks, 759 N.W.2d 328 (Iowa 2009) (mitigating/aggravating considerations in discipline)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Bartley, 860 N.W.2d 331 (Iowa 2015) (longer suspensions for extensive misconduct including misrepresentations)