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John Duncan disbarred for life

By Trevor Maxwell Portland Press Herald Staff Writer July 14, 2008 11:01 AM

John D. Duncan, the former Verrill Dana lawyer who stole $300,000 from his clients and the Portland firm, has been permanently disbarred by the Maine Supreme Court.

Duncan becomes the first lawyer in Maine history to get a lifetime ban from practicing law, according to the state board that oversees the profession.

Justice Warren Silver made the ruling last week after reviewing the case against Duncan.

"Duncan is disbarred for his lifetime," Silver wrote in his order. "The long-term nature of the theft, over a ten-year period, and the size of the theft make clear to the Court that Duncan should not ever be eligible to apply for reinstatement to the Bar of the State of Maine."

Disbarred lawyers generally have the opportunity to seek reinstatement after a period of time determined by the court, usually five years.

Duncan began with Verrill Dana in 1978, and primarily handled wills, estates and trusts during his 29-year career with the prestigious Portland firm.

Beginning in September 1997 and ending in January 2007, Duncan illegally wrote checks to himself from several client accounts, totaling $109,000. He covered up the thefts by doctoring his records.

A second scheme involved trustee fees that were supposed to go to the full partnership at Verrill Dana, but were instead pocketed by Duncan. The total of that scheme was $187,500.

Duncan pleaded guilty last month to felony theft charges. He has also agreed to plead guilty to federal tax evasion charges. The state prosecutor has recommended a six-year prison sentence with all but two-and-a-half years suspended. Duncan is scheduled to be sentenced Sept. 10.

To read the complete order, click here.