VERRILL DANA LLP is one of Maine's largest law firms, with more than 100 lawyers in Portland, Augusta, Kennebunk, Boston, Hartford, Conn., and Washington, D.C.
THE FIRM, which traces its roots to Portland in 1862, provides legal representation in dozens of areas, including the core legal services of litigation, real estate, business law, labor and employment law, and estate planning; and specialized areas such as employee benefits and executive compensation, intellectual property, utilities and energy, environment, and professional and collegiate sports law.
Source: www.verrilldana.com
John D. Duncan, the former Verrill Dana lawyer accused of stealing more than $300,000 from his clients and the firm, has agreed to plead guilty to two counts of felony theft, according to a state prosecutor.
Duncan, 54, will waive an indictment and proceed directly to a plea hearing, said Maine Assistant Attorney General Mike Colleran, who is handling the case.
The hearing is set for 1 p.m. Tuesday before Justice Robert Crowley at Cumberland County Superior Court in Portland.
Colleran declined to comment on the specifics of the plea agreement, including possible restitution or what jail sentence he will recommend to the court. Each count is punishable by up to 10 years in prison, but state sentences in similar theft cases are generally less than three years.
"He has agreed to appear, and he won't be arrested," Colleran said Thursday.
Seven months have passed since Verrill Dana expelled Duncan and sent letters to more than 1,000 clients, broadly explaining the allegations against him. The breach of trust by a respected lawyer rocked the 146-year-old Portland firm and stunned Maine's legal community.
Duncan's lawyer, Toby Dilworth, a former assistant U.S. attorney for Maine, confirmed that his client will plead guilty to the charges.
"John wants to apologize to the firm and to his former clients. He is deeply remorseful," Dilworth said.
Professional discipline against Duncan is also imminent. The state board that oversees lawyers' conduct has passed the case up to Justice Warren Silver of the Maine Supreme Judicial Court. Only the state's high court has the power to suspend or disbar a lawyer.
Duncan has submitted a letter of resignation from the bar, but it has not been accepted by the court. The April 15 letter represents the only public glimpse into Duncan's feelings about the ordeal.
"I am extremely sorry for my conduct. I am ashamed that I let down my family and my colleagues at the law firm," Duncan wrote.
For 29 years, Duncan handled wills, estates and trusts at Verrill Dana, one of the state's largest and most prestigious firms.
He and his wife built a home in Falmouth in the 1980s, raised two children and became well-known members of the community. Duncan was active in a local church and in several philanthropic organizations.
Throughout the 1990s, Duncan served as secretary for the Maine Medical Center board of trustees.
Friends knew Duncan for his quiet dignity, his talents as a pianist and a lawyer, and for his devotion to family.
"If someone had come to me and asked, 'Who could I entrust my money to,' I would say go to John Duncan," said Peggy McGehee, a Falmouth resident and partner at Perkins Thompson in Portland, in the wake of Duncan's dismissal from Verrill Dana.
Last June, a legal secretary reported Duncan for writing several checks to himself from the account of an elderly client. Managing partner David Warren and other Verrill Dana leaders accepted an apology and a repayment check from Duncan. They believed his story that he had taken only $77,500, and that the money was not stolen from the client, but was earned money that should have been shared with the full partnership.
It was not until October, after the secretary gave notice of a potential lawsuit, that the firm brought in outside auditors to check the books and Duncan's version of events. Their report indicated that Duncan had indeed stolen from several clients and embezzled from the firm over a period of 10 years. The firm notified authorities and Duncan was expelled Nov. 8.
Three lawyers left the firm because they were upset about its handling of the Duncan scandal. Warren remains a partner with Verrill Dana, but announced in January that he would step down as managing partner. His replacement, Keith "KC" Jones, will take over July 1.
"We really feel like we are moving forward," said Gregg Ginn, the Verrill Dana partner...
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