State Bar Court of California

Hearing Department

STIPULATION RE FACTS, CONCLUSIONS OF LAW

ALTERNATIVE DISCIPLINE PROGRAM

Case Number(s): 08-O-11567

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

Counsel For The State Bar: Monique T. Miller, Deputy Trial Counsel, 1149 South Hill Street, Los Angeles, California 90015-2299, 213-765-1486, Bar # 212469

Counsel for Respondent: Jonathan Irwin Arons, Law Ofc Jonathan I Arons, 221 Main St. Ste 740, San Francisco, CA 94105, Tel (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 7 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: 08-O-11567

WAIVER OF VARIANCE BETWEEN NOTICE OF DISCIPLINARY CHARGES AND

STIPULATED FACTS AND CULPABILITY

The parties hereby waive any variance between the Notice of Disciplinary Charges ("NDC") filed on September 22, 2010 in Case No. 08-O-11567, 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 that is the subject matter of this stipulation.

INCORPORATION OF PRIOR STIPULATION

This stipulation is an addendum intended to supplement the Stipulation re: Facts and Conclusions of Law in Case Nos. 04-0-15581 and 04-0-15814, which the parties lodged with this Court on November 1, 2007, and the Stipulation re: Facts and Conclusions of Law in Case No. 05-0-03481 (the "Prior Stipulations"). The Prior Stipulations are also incorporated as if fully set forth herein.

FACTS AND CONCLUSIONS OF LAW.

Respondent admits that the following facts are true and that he is culpable of violations of the specified statues and/or Rules of Professional Conduct, or has otherwise committed acts of misconduct warranting discipline, as follows:

Facts for Case No. 08-0-11567

1.

Sometime prior to June 2005, Ali Karimi ("Karimi") employed Respondent to represent him in a personal injury claim arising from an automobile collision which occurred in June 2003.

2. On June 6, 2005, Respondent filed a civil action on behalf of Karimi in the Los Angeles County Superior Court, case no. 05C00855 ("the Karimi case").

3. On December 8, 2005, the court issued an order to show cause why sanctions or dismissal should be imposed for failure to prosecute the case and served Respondent by mail to his address of record with notice of the hearing. On or about December 29, 2005, Respondent appeared in court to respond to the order to show cause. The court continued the hearing to on or about March 17, 2006.

4. On March 17, 2006, Respondent appeared in court in court on the continued order to show cause hearing in the Karimi case. The court continued the hearing to May 11, 2006. On March 17, 2006, Respondent submitted a proof of service of summons and a request to enter default to the court in the Karimi case which was rejected by the court. On March 23, 2006, the court sent a notice of the rejection to Respondent by mail at his address of record.

5. On May 11, 2006, Respondent did not appear at court for the continued order to show cause hearing in the Karimi case, and the court ordered the Karimi case dismissed without prejudice. At that time, the court served Respondent with notice of the dismissal by mail to his address of record. Thereafter, Respondent took no steps to request that the dismissal be set aside.

6. At no time did Respondent inform¹ Karimi of his failure to appear at the court hearing on or about May 11, 2006. At no time did Respondent inform Karimi of the dismissal of the Karimi case. [Footnote 1: Respondent contends that he did have a telephone conversation with Karimi and told him of the dismissal. However, he acknowledges that he failed to ensure that Karimi was informed in writing.]

7. After the dismissal of the Karimi case, Karimi called Respondent’s office and left messages asking to learn the status of the Karimi case. Respondent did not return Karimi’s calls. Thereafter, Karimi checked with the court and learned that the Karimi case had been dismissed.

Conclusions of Law for Case No. 08-0-11567

8. By failing to appear at court to respond to the order to show cause in the Karimi case and failing to take steps to set aside the dismissal of the Karimi case, Respondent intentionally, recklessly, or repeatedly failed to perform legal services with competence, in wilful violation of Rules of Professional Conduct, rule 3-110(A).

9. By not informing Karimi of his failure to appear at the court hearing and the dismissal of the Karimi case, Respondent failed to keep a client reasonably informed of significant developments in a matter in which Respondent had agreed to provide legal services, in wilful violation of business and Professions Code section 6068(m).

10. By not responding to Karimi’s telephone calls, Respondent failed to respond to reasonable status inquiries of a client, in wilful violation of business and Professions Code section 6068(m).

RULE 133 NOTICE OF PENDING PROCEEDINGS

Respondent was notified in writing of any pending investigations not included in this stipulation, pursuant to Rule 133(12), on September 29, 2010.

SIGNATURE OF THE PARTIES

Case Number(s): 08-O-11567

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.

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: September 29. 2010

Respondent’s Counsel:

Date:

Deputy Trial Counsel: Monique T. Miller

Date: October 5, 2010

SIGNATURE OF THE PARTIES

Case Number(s): 08-O-11567

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.

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:

Date:

Respondent’s Counsel:  Jonathan I. Arons

Date: September 29. 2010

Deputy Trial Counsel: Monique T. Miller

Date: October 5, 2010

ORDER

Case Number(s): 08-O-11567

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. (See rule 135(b) and 802(a), Rules of Procedure.)Signed by:

Judge of the State Bar Court: Richard A. Platel

Date: October 26, 2010

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 October 26, 2010, I deposited a true copy of the following document(s):

AGREEMENT AND ORDER AMENDING CONTRACT AND WAIVER FOR PARTICIPATION IN THE STATE BAR COURT’S ALTERNATIVE DISCIPLINE PROGRAM

ORDER AMENDING CONFIDENTIAL STATEMENT OF ALTERNATIVE DISPOSITIONS AND ORDERS

STIPULATION RE FACTS AND CONCLUSIONS OF LAW

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 T. Miller, Enforcement, Los Angeles

I hereby certify that the foregoing is true and correct. Executed in Los Angeles, California, on October 26, 2010.

Copy of contract to: Terrie Goldade/ Probation Department

Alex Yufik/LAP

Signed by:

Johnnie Lee Smith

Case Administrator

State Bar Court