Maine Law Firm Verrill Dana May Have “Under-reacted” to Attorney’s Misconduct

John D. Duncan, formerly an attorney at Verrill Dana in Maine, was disbarred and sentenced to 28-months in a federal prison for stealing money from clients and his law firm.  Now, the Maine Board of Bar Overseers is seeking evidence that could cause trouble for Verrill Dana attorneys for their failure to react properly to Duncan’s misconduct:

• Verrill Dana’s attorney resigned in 2007 because of the internal handling of Duncan’s case, eventually agreeing not to disclose certain information unless ordered to do so by a court.
• In January of 2008, Duncan’s former secretary filed a complaint with the Maine Board of Bar Overseers alleging that Verrill Dana partners attempted to cover-up Duncan’s misconduct.
• In September of 2008, the Board of Bar Overseers issued a subpoena for Verrill Dana’s resigned attorney to testify and turn over documents, all of which Verrill Dana claimed to be protected by the attorney-client privilege.
• A justice on the Maine Supreme Judicial Court ordered that the privilege did not apply because of the potentially criminal nature of the communications; however, on appeal the full Maine Supreme Court asked for further clarification on this ruling.
• It is unknown if the Maine Supreme Judicial Court has issued a second order.

See Trevor Maxwell, Theft brings up issues on law firm’s actions, Portland Press Herald, Jan. 4, 2010.

Important Note:  The underlying article did not suggest that anyone at Verrill Dana was involved in Duncan’s misdeeds, but rather that an ethics proceeding is pending in relation to the firm’s reaction to the discovery of the misdeeds.