State
Bar Court of California
Hearing
Department
STIPULATION
RE FACTS, CONCLUSIONS OF LAW
PILOT
PROGRAM FOR RESPONDENTS WITH SUBSTANCE ABUSE AND MENTAL HEALTH ISSUES
Case Number(s): 03-O-2715-PEM; 03-O-3913; 04-O-13946
In the Matter of: Thomas C. Jeing, Bar # 157795, A Member
of the State Bar of California, (Respondent).
Counsel For The State Bar: Cydney Batchelor, Bar # 114637
Counsel for Respondent: Bar #
Submitted to: Pilot Program Judge State Bar Court Clerk’s
Office San Francisco
Filed: January 24, 2006
<<not >> checked. PREVIOUS STIPULATION
REJECTED
A. Parties' Acknowledgments:
1. Respondent is a member of the State Bar of California,
admitted April 1, 1992.
2. The parties agree to be bound by the factual
stipulations contained herein even if conclusions of law or disposition (to be
attached separately) are rejected or changed by the Supreme Court. However, if
Respondent is not accepted into the Lawyer Assistance 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. Dismissed charge(s)/count(s) are
listed under "Dismissals." The stipulation consists of 9 pages.
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.
Note: All information required by this form and any
additional information which cannot be provided in the space provided, shall be
set forth in the text component (attachment) of this stipulation under specific
headings, i.e., “Facts”, “Dismissals”, “Conclusions of Law.”
B. Aggravating Circumstances [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.
checked. (7) Multiple/Pattern
of Misconduct: Respondent's current misconduct evidences multiple acts of
wrongdoing or demonstrates a pattern of misconduct.
<<not>>
checked. (8) No aggravating circumstances are involved.
Additional aggravating circumstances:
None
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 coupled with present
misconduct which is not deemed serious.
See
attachment
<<not>> checked. (2) No Harm: Respondent did not harm the
client or person who was the object of the misconduct.
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.
see
attachment
<<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:
See attachment
Respondent
enters into this stipulation as a condition of hls/her participation in the
Pilot Program. Respondent understands that he/she must abide by all terms and
conditions of Respondent’s Pilot Program Contract.
If the
Respondent is not accepted into the Pilot Program or does not sign the Pilot
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 Pilot 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.
Date:
November 18, 2004
Respondents
Signature: Thomas C. Jeing
Date:
11/18/04
Deputy Trial
Counsel’s Signature: Cydney Batchelor