J Kowalik

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Julian Roger Victor Kowalik, admitted 1992, faced numerous allegations of misconduct including failing to disclose material facts to lender clients, inadequate supervision (allowing a s.43-barred person to handle immigration cases), improper use of client account in a property investment scheme causing clients to lose £41,875, charging fees without doing legal work, practising in breach of PC conditions, improper withdrawals from client account for personal/office benefit, and facilitating suspicious conveyancing transactions with mortgage fraud indicators. The Respondent did not attend; his adjournment request was refused. The Tribunal found all allegations substantiated and, applying the Twinsectra test to the criminal standard, found dishonesty proven on all dishonesty allegations except the misleading letter to Eversheds (accepted as a stalling tactic, no dishonest intent). He was struck off the Roll and ordered to pay costs subject to detailed assessment.

Duties found breached:

• Not mislead the court
• Proper basis for allegations
• No taking unfair advantage
• Not mislead third parties or opponents
• Disclose material information to client
• No improper use of client money
• Supervise staff and delegated work
• Hold a current practising certificate

Aggravating factors:

• Previous appearance before the Tribunal in 2003 for accounts rules breaches (reprimanded)
• Multiple findings of dishonesty across several matters
• Client losses (Mr and Mrs Stallard lost £41,875; insufficient client funds to repay mortgage advance)
• Conduct facilitated potential mortgage fraud; created misleading ledger entries to hide a second mortgage advance
• Inconsistent and unsubstantiated explanations indicating dishonest state of mind