Winters And Yonker Must Pay In Civil Theft Case

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.

"They did everything lawyers are not supposed to do," Mulholland said Wednesday. "These were trusted lawyers in my firm who violated that trust. It took me a number of years to bring them to justice."

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's suit states that Winters started working for him in 1985; Yonker in 1995. Chapa, who was hired by Mulholland in 1996, worked as a legal secretary for Winters and a paralegal for Yonker. She left in April 2001.

Winters, the suit claims, met with Chapa after she left the firm. He told her he was going to open his own firm in a few months and she could join him. Beginning in May 2001, the lawsuit states, Winters began to rent a spare room in Chapa's home to use as an office.

Over the next several months, the lawsuit states, Winters and Yonker removed case files from the Mulholland office without authorization and gave them to Chapa to copy before returning them. Yonker spoke to several clients and told them he and Winters were leaving Mulholland's firm. He also told them that he and Winters had performed the majority of the work on their cases.

On several occasions in May and June 2001, Chapa logged on to the Mulholland & Associates computer system and changed about 16 phone numbers and addresses. With the incorrect numbers and addresses, Mulholland would be prevented from any quick attempt at preventing his clients from leaving, the lawsuit states.

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

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.