Krystel Marzan
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Krystel Marzan, a solicitor, faced two allegations. Allegation 1.1 concerned submitting misleading LPAs to the OPG in July 2016, purporting that the donor signed on 4 August 2015 and that she witnessed signatures, when she could not have done so because additional attorneys were only decided in January 2016. The Tribunal found this proved including dishonesty (applying Ivey). Allegation 1.2 concerned pre-signing conveyancing documents as a witness when she had not actually witnessed signatures between Oct 2019 and June 2020. This was found proved as a breach of integrity and public trust but dishonesty was NOT found, as the Tribunal accepted she had a genuine (if misguided) belief about remote witnessing. Given the dishonesty finding on Allegation 1.1 and no exceptional circumstances, the Respondent was struck off the Roll and ordered to pay costs of £19,453.20.
Duties found breached:
Aggravating factors:
- Dishonesty found in Allegation 1.1, deliberate and calculated, occurring over many weeks
- Misconduct arose from conscious, thought-out decisions rather than spontaneous acts
- Clients were vulnerable and were let down
- Respondent ought reasonably to have known conduct breached obligations to protect public and reputation of profession
- Lack of insight - told Tribunal she would continue with practices identified as deficient
Mitigating factors:
- Previously unblemished record / good character of some 9 years post-qualification
- No direct financial benefit to the Respondent
- Did not seek to blame anyone else
- No overt deception beyond the dishonesty found
- Did not take advantage of clients' vulnerabilities
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising