Overview

Klayton Khishaveh, a California attorney previously disciplined with a two-year actual suspension, was again charged with misconduct for neglecting a client’s personal injury claim for over two years, causing the statute of limitations to expire and permanently barring the client’s cause of action. The Review Department found Khishaveh culpable of failing to perform competently, failing to communicate with his client, and prejudicially withdrawing from representation. Although the hearing judge had recommended a one-year suspension, the Review Department increased the sanction to a three-year actual suspension under the principle of progressive discipline for repeat misconduct.

Facts

• Client Edyn Rodas retained Khishaveh in May 2013 for a personal injury claim after a car accident.
• Between June 2013 and May 2015, Allstate Insurance sent at least 25 letters requesting medical documentation and a demand package. Khishaveh ignored all correspondence.
• Khishaveh failed to file a lawsuit or respond before the statute of limitations expired, causing Rodas to lose his legal rights.
• He also failed to inform Rodas that his case was lost, and Rodas learned this from Allstate nearly three years later.

Procedural Background

• The Office of Chief Trial Counsel filed three counts of misconduct under:
  • Rule 3-110(A) — Failure to perform legal services with competence.
  • Bus. & Prof. Code §6068(m) — Failure to communicate significant developments.
  • Rule 3-700(A)(2) — Failure to take steps to avoid prejudice upon withdrawal.
• Khishaveh stipulated to all charges of culpability.
• The hearing judge recommended a one-year actual suspension, but OCTC appealed, arguing for three years based on prior discipline.

Holding and Reasoning

• The Review Department affirmed culpability and ruled that progressive discipline applied.
• Khishaveh’s prior misconduct was serious and similar to the current case—both involved neglect, failure to communicate, and client harm.
• The court emphasized that prior discipline for similar acts increases the gravity of subsequent violations because it shows failure to reform.
• Despite cooperation through stipulation, Khishaveh’s misconduct reflected ongoing disregard for client welfare and professional responsibility.
• He caused significant harm—his client lost a cause of action, endured physical pain without treatment, and lost faith in the legal profession.

Aggravation and Mitigation

• Aggravation: Prior serious discipline; multiple acts of wrongdoing (25 ignored letters); significant harm to client.
• Mitigation: Cooperation through stipulation and saving judicial time; no mitigation for remorse due to late stipulation and lack of testimony.
• The aggravating factors substantially outweighed any mitigation, warranting progressive discipline.

Sanctions & Disposition Table

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