Barry Ira Besser was admitted to the California Bar 29th November 1979, but has since been disbarred. Barry graduated from Western State University.
Lawyer Information
| Name | Barry Ira Besser |
|---|---|
| First Admitted | 29 November 1979 (44 years, 5 months ago) |
| Status | Disbarred |
| Bar Number | 89147 |
Contact
| Current Email | [email protected] |
|---|---|
| Phone Number | (714) 978-1788 |
| Fax Number | 714-921-8857 |
Schools
| Law School | Western State University (CA) |
|---|---|
| Undergraduate School | California St University Northridge (CA) |
Address
| Current Address | 9272 Jeronimo Rd, Ste 107A-122 Irvine, CA 92618-1978 |
|---|---|
| Map | |
| Previous Address | 751 S Weir Canyon Rd Ste 157-119 Anaheim Hills, CA 92808 |
History
| 30 October 2014 | Disbarred (9 years, 5 months ago) Disbarment 13-O-11212 |
|---|---|
| 19 May 2014 | Not eligible to practice law in CA (9 years, 11 months ago) Ordered inactive 13-O-11212 |
| 8 November 2013 | Disciplinary charges filed in State Bar Court 13-O-11212 (10 years, 5 months ago) |
| 29 November 1979 | Admitted to the State Bar of California (44 years, 5 months ago) |
Discipline Summaries
October 30, 2014 Despite stellar history, Orange County attorney ordered disbarred A highly regarded Southern California attorney has lost his law license after misappropriating more than $43,000 while struggling financially because of his wife’s health problems.Barry Ira Besser [#89147], 62, of Orange, was disbarred Oct. 30, 2014 after being found culpable of misappropriation, misrepresentation and failure to account, maintain client funds in his trust account or promptly pay client funds. He was ordered to pay $42,711.67 plus interest in restitution and comply with rule 9.20 of the California Rules of Court.Recognized by his peers as an outstanding lawyer in Orange County and named a top attorney by professional publications, Besser had volunteered as an arbitrator and temporary judge. He assisted in drafting legislation passed by the Legislature and served for nearly three decades on what was then known as the Conference of Delegates for the State Bar of California.In recommending his disbarment, State Bar Court Judge Richard A. Honn wrote that the court seriously considered the Besser’s background and other evidence in his favor but was deeply troubled by the misconduct.“While the misappropriation of client funds is extremely serious misconduct, the court is equally concerned by respondent’s willingness to lie to his clients to mask his conduct,†Honn wrote.Besser’s misconduct occurred in two separate client matters that he took on starting in 2008. In July of that year, he was hired to renegotiate a settlement agreement in pending litigation against a homeowner’s association. After the renegotiation was complete, Besser deposited four checks into his client trust account and was required to maintain $27,200 in the account pending payment of a lien to the client’s former attorney. Between Feb. 3 and June 18, 2009, he withdrew all of the money and used it for his own purposes.On Sept. 21, 2011, he sent an email to the client claiming he could not release the money to her because he was being audited by the IRS. Skeptical of his claims after talking to another attorney, the client demanded that he meet with her and provide proof of the IRS action against the $27,200. Besser responded by sending the client an email claiming she was trying to ruin his reputation and that his failure to release the funds was due to “… a personal matter so [he couldn’t go into a lot of details].†Besser also claimed he could soon release some of the money, but as of the date of the State Bar Court’s disbarment recommendation he had not returned any of the money or provided the client with an accounting.In 2008, Besser was also hired to handle a personal injury case involving a girl who was struck by a vehicle while walking in a crosswalk. In December 2010, the case settled for $25,000. As a result, Besser was required to maintain $16,311.67 in his client trust account, part of which was supposed to go to the girl’s medical provider. Several months later, the girl’s mother emailed Besser requesting he send her the balance of the settlement and let her know how much they owed the doctors. She also stated in her email that were no outstanding bills from the accident from Kaiser Permanente.Although he had already spent most of the money, Besser claimed he couldn’t give it to her because the exact amount due and owed to Kaiser as reimbursement was unknown. More than a year later, one of the girl’s doctors sent Besser multiple emails demanding payment of his bill. The doctor ultimately agreed to accept $800 as full and final payment of his bill, and on Dec. 29, 2012 Besser paid him.As of the date of the court’s decision, he had not turned over any portion of the $15,511.67 owed to the girl.In mitigation, Besser had no prior record of discipline, showed remorse, cooperated with the State Bar and presented evidence of his good character. He only received limited mitigation for his wife’s illness, though.Besser incurred more than $100,000 in medical bills for his wife’s care, which led to trouble paying for food, utilities and his mortgage, Honn wrote.“However, there was no competent medical evidence involving either his wife’s condition or the impact her health had on his ability to make proper financial decisions with the client’s funds,†Honn wrote. |