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Krystel Marzan

JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number12480/2023
Date23/02/2024
OutcomeStrike off

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

SanctionStrike Off
CostsGBP 19,453
Dishonesty foundYes

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

Documents

Source: https://solicitorstribunal.org.uk/case/12480/