State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW

PROGRAM FOR RESPONDENTS WITH SUBSTANCE ABUSE OR MENTAL HEALTH ISSUES

Case Number(s): 05-O-03481,

In the Matter of: Behtouz Shafle, Bar # 108581, A Member of the State Bar of California, (Respondent).

Counsel For The State Bar: Monique T. Miller, Deputy Trial Counsel

1149 S. Hill Street

Los Angeles, CA 90015-2299

(213) 765-1486

Bar # 212469,

Counsel for Respondent: Jonathan Irwin Arons,

Law Ofc Jonathan I. Arons

101 Howard St #310

San Francisco, CA 94105

(415) 957-1818

Bar # 111257,

Submitted to: Program Judge – State Bar Court Clerk’s Office Los Angeles.

Filed: January 14, 2011.

  <<not >> checked. PREVIOUS STIPULATION REJECTED

Note:  All information required by this form and any additional information which cannot be provided in the space provided, must be set forth in an attachment to this stipulation under specific headings, e.g., "Facts," "Dismissals," "Conclusions of Law," "Supporting Authority," etc.

A.    Parties' Acknowledgments:

1. Respondent is a member of the State Bar of California, admitted June 3, 1983.

2. The parties agree to be bound by the factual stipulations contained herein even if conclusions of law or disposition are rejected or changed by the Supreme Court. However, except as otherwise provided in rule 804.5(c) of the Rules of Procedure, if Respondent is not accepted into the Alternative Discipline Program, this stipulation will be rejected and will not be binding on the Respondent or the State Bar.

3. All investigations or proceedings listed by case number in the caption of this stipulation are entirely resolved by this stipulation and are deemed consolidated, except for Probation Revocation proceedings. Dismissed charge(s)/count(s) are listed under "Dismissals."  The stipulation consists of 6 pages, not including the order.

4. A statement of acts or omissions acknowledged by Respondent as cause or causes for discipline is included under "Facts."

5. Conclusions of law, drawn from and specifically referring to the facts are also included under "Conclusions of Law".

6. No more than 30 days prior to the filing of this stipulation, Respondent has been advised in writing of any pending investigation/proceeding not resolved by this stipulation, except for criminal investigations.

7. Payment of Disciplinary Costs-Respondent acknowledges the provisions of Bus. & Prof. Code §§6086.10 & 6140.7 and will pay timely any disciplinary costs imposed in this proceeding.

B.   Aggravating Circumstances [for definition, see Standards for Attorney Sanctions for Professional Misconduct, standard 1.2(b)]. Facts supporting aggravating circumstances are required.

<<not>> checked. (1) Prior record of discipline [see standard 1.2(f)].

<<not>> checked. (a)    State Bar Court case # of prior case.

<<not>> checked. (b)    Date prior discipline effective

<<not>> checked. (c)    Rules of Professional Conduct/ State Bar Act violations:  

<<not>> checked. (d)    Degree of prior discipline.

<<not>> checked. (e)    If Respondent has two or more incidents of prior discipline, use space provided below. .

<<not>> checked. (2) Dishonesty:  Respondent's misconduct was surrounded by or followed by bad faith, dishonesty, concealment, overreaching or other violations of the State Bar Act or Rules of Professional Conduct. 

<<not>> checked. (3) Trust Violation:  Trust funds or property were involved and Respondent refused or was unable to account to the client or person who was the object of the misconduct for improper conduct toward said funds or property.

<<not>> checked. (4) Harm:  Respondent's misconduct harmed significantly a client, the public or the administration of justice.

<<not>> checked. (5) Indifference:  Respondent demonstrated indifference toward rectification of or atonement for the consequences of his or her misconduct.

<<not>> checked. (6) Lack of Cooperation:  Respondent displayed a lack of candor and cooperation to victims of his/her misconduct or to the State Bar during disciplinary investigation or proceedings.

<<not>> checked. (7) Multiple/Pattern of Misconduct:  Respondent's current misconduct evidences multiple acts of wrongdoing or demonstrates a pattern of misconduct.

checked. (8)            No aggravating circumstances are involved.

Additional aggravating circumstances:

C. Mitigating Circumstances [see standard 1.2(e)]. Facts supporting mitigating circumstances are required.

checked. (1)            No Prior Discipline:  Respondent has no prior record of discipline over many years of practice.

<<not>> checked. (2) No Harm:  Respondent did not harm the client or person who was the object of the misconduct.

<<not>> checked. (3) Candor/Cooperation:  Respondent displayed spontaneous candor and cooperation with the victims of his/her misconduct and to the State Bar during disciplinary investigation and proceedings.

<<not>> checked. (4) Remorse:  Respondent promptly took objective steps spontaneously demonstrating remorse and recognition of the wrongdoing, which steps were designed to timely atone for any consequences of his/her misconduct.

<<not>> checked. (5) Restitution:  Respondent paid $ on in restitution to without the threat or force of disciplinary, civil or criminal proceedings.

<<not>> checked. (6) Delay:  These disciplinary proceedings were excessively delayed.  The delay is not attributable to Respondent and the delay prejudiced him/her.

<<not>> checked. (7) Good Faith:  Respondent acted in good faith.

<<not>> checked. (8) Emotional/Physical Difficulties:  At the time of the stipulated act or acts of professional misconduct Respondent suffered extreme emotional difficulties or physical disabilities which expert testimony would establish was directly responsible for the misconduct.  The difficulties or disabilities were not the product of any illegal conduct by the member, such as illegal drug or substance abuse, and Respondent no longer suffers from such difficulties or disabilities.

<<not>> checked. (9) Severe Financial Stress:  At the time of the misconduct, Respondent suffered from severe financial stress which resulted from circumstances not reasonably foreseeable or which were beyond his/her control and which were directly responsible for the misconduct.

<<not>> checked. (10) Family Problems:  At the time of the misconduct, Respondent suffered extreme difficulties in his/her personal life which were other than emotional or physical in nature.

<<not>> checked. (11) Good Character:  Respondent's good character is attested to by a wide range of references in the legal and general communities who are aware of the full extent of his/her misconduct.

<<not>> checked. (12) Rehabilitation:  Considerable time has passed since the acts of professional misconduct occurred followed by convincing proof of subsequent rehabilitation.

<<not>> checked. (13) No mitigating circumstances are involved.

Additional mitigating circumstances:

ATTACHMENT TO

STIPULATION RE FACTS, CONCLUSIONS OF LAW AND DISPOSITION

IN THE MATTER OF: BEHROUZ SHAFIE, State Bar No. 108581

STATE BAR COURT CASE NUMBER: 05-O-03481

WAIVER OF VARIANCE BETWEEN NOTICE OF DISCIPLINARY CHARGES AND

STIPULATED FACTS AND CULPABILITY

Respondent Behrouz Shafie ("Respondent") and the State Bar hereby waive any variance in the facts and conclusions of law as set forth in the Notice of Disciplinary Charges ("NDC") filed on November 29, 20007, and the facts and conclusions of law contained in this stipulation.

Additionally, the parties waive the issuance of an amended Notice of Disciplinary charges relating to the case which is the subject matter of this stipulation.

FACTS AND CONCLUSIONS OF LAW.

Respondent admits that the following facts are true and that he is culpable of violations of the specified statutes and/or Rules of Professional Conduct.

Case No. 05-O-03481

FACTS

1. On December 17, 2004, Mojgan Shokri (Shokri) employed Respondent to represent her in a marriage dissolution matter. Shokri paid Respondent a total of $5,000 in advance fees for legal services relating to the marriage dissolution matter.

2. On July 11, 2005, Shokri sent Respondent a letter via facsimile, terminating his employment as her attorney and demanding a refund of her advance fees. Respondent received Shokri’s July 11, 2005 letter.

3. Between July 12 and August 19, 2005, Respondent and Shokri wrote to each other but were unable to reach an agreement regarding a refund of the fees advanced by Shokri.

4. Shokri filed a petition for binding fee arbitration. Respondent did not agree to binding fee arbitration. The fee arbitration was scheduled for September 5, 2006. Respondent could not appear on that date as a result of his court schedule and notified the arbitrator accordingly.

5. On September 1, 2006, when the arbitrator refused to change the arbitration, Respondent submitted a declaration and billings to the arbitrator.

6. On September 12, 2006, the arbitrator issued a Statement of Decision and Award, which was served on the parties on September 15, 2006. The arbitrator found that $296.50 should be deducted for a filing fee, and made the following award: "Attorney, Behrouz Shafie, shall refund to client Mojgan Shokri the sum of $4,703.50 and shall be charged with the costs of Arbitration." The costs of arbitration totaled $300, which Shokri had paid.

7. The arbitration award became final and binding on October 15, 2006, by operation of California Business and Professions Code section 6203, subdivision (b).

8. On February 21, 2007, Respondent paid the arbitration award to Shokri.

CONCLUSIONS OF LAW

9. By failing to promptly refund any unearned fees to Shokri, Respondent wilfully violated rule 3-700(D)(2) of the California Rules of Professional Conduct.

PENDING PROCEEDINGS.

The disclosure date referred to, on page one, paragraph A.(7), was March 26, 2008.

SIGNATURE OF THE PARTIES

Case Number(s): 05-O-03481

In the Matter of: Behrouz Shafie

By their signatures below, the parties and their counsel, as applicable, signify their agreement with each of the recitation and each of the terms and conditions of this Stipulation Re Facts, Conclusions of Law and Disposition.

Respondent enters into this stipulation as a condition of his/her participation in the Program. Respondent understands that he/she must abide by all terms and conditions of Respondent’s Program Contract,

If the Respondent in not accepted into the Program or does not sign the Program contract, this Stipulation will be rejected and will not be binding on Respondent or the State Bar.

If the Respondent is accepted into the Program, upon Respondent’s successful completion of or termination from the Program, this Stipulation will be filed and the specified level of discipline for successful completion of or termination from the Program as set forth in the State Bar Court’s Statement Re: Discipline shall be imposed or recommended to the Supreme Court.

Signed by:

Respondent: Behrouz Shafie

Date: April 3, 2008

Respondent’s Counsel: Jonathan Irwin Arons

Date: April 13, 2008

Deputy Trial Counsel: Monique T. Miller

Date: April 3, 2008

PROGRAM ORDER

Case Number(s):  05-O-03481

In the Matter of: Behrouz Shafie

Finding the stipulation to be fair to the parties and that it adequately protects the public, IT IS ORDERED that the requested dismissal of counts/charges, if any is GRANTED without prejudice, and:

checked. The stipulated facts and conclusions of law is APPROVED.

<<not>> checked. The stipulated facts and conclusions of law is APPROVED AS MODIFIED as set forth below.

<<not>> checked. All dates in the Hearing Department are vacated.

The parties are bound by the stipulation as approved unless: 1) a motion to withdraw or modify the stipulation, filed within 15 days after service of this order, is granted; or 2) this court modifies or further modifies the approved stipulation; or 3) Respondent is not accepted for participation in the Program or does not sign the Program Contract the file date. (See rule 5.58(E) & (F) and 5.382(D), Rules of Procedure.)

Signed by:

Judge of the State Bar Court: Richard A. Platel

Date: April 3, 2008

CERTIFICATE OF SERVICE

[Rules Proc. of State Bar; Rule 5.27(B); Code Civ. Proc., § 1013a(4)]

I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and

County of Los Angeles, on April 8, 2008, I deposited a true copy of the following document(s):

CONFIDENTIAL STATEMENT OF ALTERNATIVE DISPOSITIONS AND ORDERS; STIPULATION RE FACTS AND CONCLUSIONS OF LAW; CONTRACT AND WAIVER FOR PARTICIPATION IN THE STATE BAR COURT’S ALTERNATIVE DISCIPLINE PROGRAM

in a sealed envelope for collection and mailing on that date as follows:

checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:

                              JONATHAN IRWIN ARONS

                              LAW OFC JONATHAN I ARONS

                              101 HOWARD STREET #310

                              SAN Francisco, CA 94105

checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

                              MONIQUE MILLER, Enforcement, Los Angeles

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on April 8, 2008.

Signed by:

Angela Owens- Carpenter

Case Administrator

State Bar Court

CERTIFICATE OF SERVICE

[Rules Proc. of State Bar; Rule 5.27(B); Code Civ. Proc., § 1013a(4)]

I am a Case Administrator of the State Bar Court of California. I am over the age of eighteen and not a party to the within proceeding. Pursuant to standard court practice, in the City and

County of Los Angeles, on January 14, 2011, I deposited a true copy of the following document(s):

            DECISION AND ORDER SEALING DOCUMENTS

in a sealed envelope for collection and mailing on that date as follows:

checked. by first-class mail, with postage thereon fully prepaid, through the United States Postal Service at Los Angeles, California, addressed as follows:

                              JONATHAN IRWIN ARONS

                              LAW OFC JONATHAN I ARONS

                              221 MAIN ST STE 740

                              SAN FRANCISCO, CA 94105

checked. by interoffice mail through a facility regularly maintained by the State Bar of California addressed as follows:

                              MONIQUE MILLER, Enforcement, Los Angeles

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on January 14, 2011.

Signed by:

Johnnie Lee Smith

Case Administrator

State Bar Court