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Judge: Lawyer did not coerce client into sex

But a judge finds the Pinellas lawyer guilty of conduct "prejudicial to the administration of justice."

By CHRIS TISCH
Published April 6, 2006

TAMPA - A judge on Wednesday found Pinellas lawyer Bruce R. Young not guilty of two lurid Florida Bar complaints but guilty of a third charge and recommended the Florida Supreme Court publicly reprimand him.

Young could have been disbarred had Judge Raul C. Palomino Jr. found him guilty of the three complaints. But the judge dismissed two charges, including an allegation that Young coerced sex from a female client going through a custody battle.

Palomino found Young guilty of conduct that is "prejudicial to the administration of justice" based on allegations that he had a "sexual retainer contract" in his office.

Palomino said he heard Young testify during the trial last month that he kept a copy of the contract in his office as a joke.

Young told the judge Wednesday that he did not have a physical piece of paper, though the contract was a longstanding joke among the office staff and some clients.

"Every lawyer hears about that. ... but this is the first time I've heard ... that somebody had one drawn up ... and presented it to clients," Palomino told Young. "And that bothers me."

Palomino also said he was disturbed by Young's admissions that he sometimes used "colorful" language with clients.

The case now goes to the Florida Supreme Court, which can accept or alter Palomino's decisions. The state's high court rarely overturns a judge's decision on guilt, but more frequently alters the punishment.

Palomino dismissed the most sensational of the charges against Young, which were made by former client Kimberly Vullo. She claimed Young coerced her into sex on his office sofa during their very first meeting by threatening that she would lose her children if she didn't comply.

She said the threats kept her in a three-year sexual relationship with Young. She testified that Young threatened her with guns and knives, tied her up and put a bag over her head, stole $25,000 of her jewelry and made her walk 8 miles back to his office after he kicked her out of his car.

Young admitted to a sexual relationship with Vullo, but said it was consensual and was initiated by Vullo. He denied having sex with her at the first meeting. He also denied the other accusations of violence, threats and coercion.

During testimony last month, Bar attorney Troy Lovell argued that Young violated Bar rules by having sex with Vullo - whether the more sensational accusations were true or not.

Though Bar rules don't prohibit lawyers from having sex with all clients, they do forbid romances with vulnerable clients that would damage the attorney-client relationship.

Lovell argued that Vullo was cash-strapped and in fear of losing her two children, which made her vulnerable and should have alerted Young to abstain from a sexual relationship with her.

But Palomino noted the many inconsistencies in Vullo's account. Besides the sex charge, Palomino found Young not guilty of committing an act that is "unlawful or contrary to honesty and justice." After announcing his decisions, however, Palomino noted that the Florida Bar should clarify its rules regarding attorneys having sex with clients.

Vullo said she was disappointed with the outcome.

"In your heart you really know what happened, and I have to go with that," she said.

Vullo is represented by Charles Monty, who once worked in Young's office but left the firm after a falling out.

Monty also represents Young's former assistant, Cheryl Marengi, who has filed a civil lawsuit against Young claiming he offered her legal services in exchange for sex. Marengi also now works for Monty.

Another former client and employee of Young's, Sandra Ceballos, also accused Young of sexual misconduct. Both she and Marengi filed complaints with the Bar that were dismissed.

Vullo also filed a criminal complaint against Young that is currently under review at the Pinellas-Pasco State Attorney's Office.

Assistant State Attorney Bill Loughery said he could not comment on the case while it's under review, but noted: "It's still under consideration, but the standard of proof is much higher in a criminal case" than in a Bar case.

Young's attorney, John Tuthill, said Young's life has been damaged by the accusations.

"He has been personally and professionally hurt by this," Tuthill said.

[Last modified April 6, 2006, 01:58:09]