Former legal professional Nigel Duncan struck off Roll of Australian Lawyers after $2.1m fraud

A disgraced Illawarra lawyer who concocted a multimillion-dollar scheme to defraud the estates of his dead clients has been struck off the Roll of Australian Lawyers.

The decision to strike Nigel Duncan off the Roll of Australian Lawyers was made in the NSW Supreme Court on Monday. Picture: NCA NewsWire/Bianca De Marchi

A disgraced Illawarra lawyer who concocted a multimillion-dollar scheme to defraud the estates of his dead clients has been struck off the Roll of Australian Lawyers.

Nigel Ian Duncan, a former Maguire & McInerney Lawyers employee was sentenced to three years and nine months jail with a non-parole period of two years in November 2021 after pleading guilty to two counts of dishonestly obtaining a financial advantage.

The court heard Duncan carried out the $2.1m scam over a six years between 2011 and 2017, which saw him misappropriate more than $750,000 from deceased estates.

Duncan used the funds to pay for his mortgage, car leases and a tax debt with sentencing Judge Andrew Haesler saying he “robbed Peter to pay Paul” in order to avoid detection.

The court heard the scheme came undone in September 2017 when a complaint was made to Maguire & McInerney regarding a $7000 transaction.

The law firm reimbursed the sum to the correct estate before reprimanding Duncan, ordering him to attend ethics classes and alerting the Law Society of NSW Professional Standards Department.

Nigel Duncan arriving at Wollongong District Court ahead of his sentencing in 2021. Picture: Madeline Crittenden

This process uncovered the full extent of Duncan’s fraudulent activity with court documents stating he misappropriated more than $2.148 million from trust money held by the law firm for 23 deceased estates on more than 100 occasions.

In November 2017, the NSW Supreme Court ordered Duncan to sell the home he owned with his wife to repay Maguire & McInerney. The following month the property was settled and Duncan used his half of the money, $437,000, to repay the firm, while his family - who weren’t accused of any wrongdoing - also contributed to make up the difference.

The court heard following the scandal, Duncan moved to Dubbo where he began working as a truck driver after his wife divorced him and his children ceased speaking to him.

After the sentencing, Maguire & McInerney partner Mark McDonald was devastated that Duncan, a good friend and employee, could act in such a way.

Maguire & McInerney partner Mark McDonald. Picture: Madeline Crittenden

“This is a guy who we took in, we gave him a home, he was deceitful, he stole from deceased estates, he treated us appallingly badly,” Mr McDonald said.

“We were shattered that he would conduct himself like this.”

The Council of the Law Society of NSW filed an application in November last year to see Duncan ruled as “not a fit and proper person” to remain on the Roll of Australian Lawyers.

In a decision in the Supreme Court this week, Justice Jeremy Kirk, acting Justice John Basten, and Court of Appeal president Julie Ward ruled there was no doubt Duncan “is not a fit and proper person to be entrusted with the duties and responsibilities of a solicitor”.

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