What is a McKenzie Friend?
A McKenzie Friend is someone who provides support, guidance, and assistance to individuals representing themselves in court (litigants in person). While they are not practising lawyers, they often have legal knowledge, experience, or qualifications that enable them to provide invaluable help in family law and other legal proceedings.
The term comes from the 1970 case McKenzie v McKenzie, where the court ruled that litigants in person have the right to assistance from a non-legal professional.
What Can a McKenzie Friend Do?
McKenzie Friends play a supportive role, helping litigants in person understand and navigate the legal process. Here’s what they can do:
- Provide Quiet Advice:
- Offer suggestions and guidance during court hearings.
- Help you organise your thoughts and stay focused.
- Help with Paperwork:
- Assist with drafting position statements, witness statements, skeleton arguments, and other court documents.
- Ensure documents reference relevant case law and meet court requirements.
- Offer Emotional Support:
- Be a calming presence during stressful hearings.
- Help you feel confident and prepared.
- Attend Court or Remote Hearings:
- Sit with you in court or join remote video/telephone hearings.
- Provide support without speaking on your behalf unless granted special permission by the court.
- Advocate for You (Limited):
- In rare cases, with the judge’s permission, a McKenzie Friend may be allowed to speak on your behalf. This is known as Rights of Audience (ROA) and is granted at the court's discretion.
What Can’t a McKenzie Friend Do?
While McKenzie Friends are invaluable in many ways, there are limits to what they can do:
- No Automatic Right to Speak for You:
- They cannot advocate for you unless the judge explicitly allows it.
- No Legal Representation:
- They are not solicitors or barristers and cannot formally act as your legal representative.
- No Legal Advice:
- While they can offer guidance, they are not qualified to provide legal advice like a solicitor would.
When Should You Use a McKenzie Friend?
A McKenzie Friend is an excellent option if:
- You cannot afford a solicitor or barrister.
- You are self-representing in court and need guidance.
- You want assistance with drafting documents or understanding legal procedures.
- You feel nervous or overwhelmed and need someone in your corner.
Costs of a McKenzie Friend
One of the key benefits of a McKenzie Friend is affordability. On average, our clients spend £450 in total for their services, compared to the thousands that full legal representation can cost.
Most McKenzie Friends offer fixed fees, giving you clarity and predictability about costs. This makes them a more accessible option for many individuals navigating the family court system.
FAQs About McKenzie Friends
Are McKenzie Friends Practising Lawyers?
No. McKenzie Friends are not practising lawyers, but they often have legal qualifications or significant experience in family law.
Can McKenzie Friends Help Draft Documents?
Yes. They can help draft high-quality court documents, including:
- Position statements
- Witness statements
- Skeleton arguments
- Submissions referencing case law
Do McKenzie Friends Have Access to Legal Resources?
Yes. Many McKenzie Friends have access to legal resources, case law, and research tools similar to those used by solicitors.
Can a McKenzie Friend Attend Court with Me?
Yes. McKenzie Friends can attend court hearings with you and sit beside you to provide quiet advice and support.
Can a McKenzie Friend Speak for Me in Court?
Only if the judge grants them Rights of Audience. This is typically granted in exceptional circumstances and at the court’s discretion.
How Can a McKenzie Friend Help if I’m Nervous?
They can provide written notes to remind you of key points, help you stay calm, and ensure your arguments are presented clearly.
How to Find a McKenzie Friend
When choosing a McKenzie Friend, look for someone with:
- Proven experience in family law.
- Transparent fees and terms.
- Positive reviews or testimonials.
You can explore reputable directories or organisations like:
Why Choose a McKenzie Friend?
McKenzie Friends offer a balance of affordability, support, and expertise. They are ideal for individuals who need guidance through family law but cannot afford traditional legal representation.
Whether you're dealing with child arrangements, financial disputes, or domestic issues, a McKenzie Friend can help you navigate the complexities of family law with confidence and clarity.
For further information, check out resources like:
Final Thoughts
A McKenzie Friend can be an invaluable ally when navigating family law cases. With the right support, you can feel more confident and prepared for your journey through the legal system. Whether it’s attending court, drafting documents, or simply offering moral support, McKenzie Friends are here to help.
If you’re considering a McKenzie Friend, reach out for a consultation to see how they can support your specific needs.