LAWYERS: "Winters And Yonker Must Pay In Civil Theft Case" out of Florida

According to the following story found on line at Tampa Bay Online from the Tampa Tribune - "Winters And Yonker Must Pay In Civil Theft Case." 

Per this story, a Florida civil jury awarded nearly $1 million to Florida attorney Richard Mulholland of Mulholland and Associates on his claims that his former associates, Bill Winters and Mark Yonker, stole clients and case files when they left his firm to start their own firm.

Winters and Yonker also have offices in Louisville and Lexington, Kentucky as well as in Florida.

The Tampa Tribune further reported that

After six days of trial, the jury returned saying Winters and Yonker did not conspire to commit theft. They did, however, commit theft, the jury determined.

The jury said Winters must pay Mulholland nearly $750,000 in damages and $122,500 in legal fees. Yonker must pay nearly $190,000 in damages but does not have to reimburse for any legal fees, the jury determined.

For the complete story by Thomas W. Krause with the Tampa Tribune, then click on the following heading.  An extract of the story is as follows:

Winters And Yonker Must Pay In Civil Theft Case
Published: July 2, 2008

TAMPA - A lawyer who claims two of his associates stole clients and case files when they left to start their own firm was awarded nearly $1 million from a jury on Monday.

Because the allegations involved civil theft, the defendants could be forced to pay three times the awarded damages.

According to a lawsuit, Richard Mulholland, who ran Mulholland & Associates, said William Winters and Marc Yonker removed case files from the office during lunch hours and gave them to a former secretary who copied the files before they were returned. The secretary, Elizabeth Chapa, also hacked into Mulholland's computer system to change phone numbers and addresses of clients so Mulholland would have a difficult time contacting them in an effort to convince them to stay with his firm, the suit alleges.

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Donald Smith, the defense attorney for Winters, said the jury verdict is preliminary and the judge has not entered the final order.

"There are multiple post-trial motions and issues to be decided by the judge on both defendants," Smith said. "This matter is still pending."

He declined further comment.

Circuit Judge Richard Nielsen has not yet ruled on post-trial motions or the possibility of tripling the damages. Hearings on those matters are set to begin Monday.

* * *

Mulholland asked for $4 million in damages, claiming civil theft and conspiracy to commit civil theft.

See also, Lawyers on the hook for on $1M for story at TampaBay.com from the St. Petersburg Times by reporter Colleen Jenkins.