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February 11, 2011

Board appeals Verrill Dana decision

The Maine Board of Overseers of the Bar will appeal a Maine supreme court decision that cleared six Verrill Dana lawyers of wrongdoing in connection with the John Duncan case.

The board has filed a notice to appeal with the Maine Supreme Judicial Court over Justice Donald Alexander's Dec. 29 decision that the six lawyers acted reasonably and in good faith with the information they knew at the time about the thefts by their former colleague, according to the Sun Journal. Duncan, who had been a lawyer at Verrill Dana since 1978, was sentenced in 2008 for two years at a federal prison and disbarred for life for stealing approximately $300,000 from clients and the Portland firm. In his ruling, Alexander cleared David Warren, the firm's managing partner at the time of the scandal, as well as James Kilbreth III, Eric Altholz, Mark Googins, Roger Clement Jr. and Juliet Browne, of all ethics charges brought against them by the board of overseers.

The board has until April 6 to file its full brief, and the six lawyers have until May 25 to respond with counter-arguments. Attorneys for the lawyers have filed a motion to expedite the process, according to the paper.

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