Going through the family court is hard.
It can be an intimidating, confusing and emotive environment – especially when you’re representing yourself. Our recommendation is that it is never a good idea to go to court entirely alone.
This is where a McKenzie Friend comes into play. For many people, they can be a game changer for a whole host of reasons (and not just cost – they’re way more than `cut price’ solicitor-substitutes although they usually charge far less).
If you’re seeking assistance to help you represent yourself in a matter which is probably the most important thing in your life, don’t trust solicitors to do what is needed to do the best for your children or finances or just because you don’t want the hefty price tag of legal representation a McKenzie Friend is a great can be invaluable.
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What is a McKenzie Friend?
A McKenzie Friend is an individual who supports someone representing themselves in court, known as a litigant in person. Originating from the 1970 case McKenzie v McKenzie, this role allows the litigant to have someone by their side to provide guidance and support during legal proceedings. Importantly, a McKenzie Friend doesn’t need to have formal legal qualifications (although many do, such as our team members).
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The role of a free (and any other) McKenzie Friend
If you find one, a free McKenzie Friend can be a cost-effective way to receive support during your court case. Here’s how they can assist you:
- Providing Moral Support: Court proceedings can be stressful. A McKenzie Friend offers a reassuring presence, helping you stay calm and focused.
- Assisting with Case Papers: They can help you organize and understand your documents, ensuring you’re well-prepared.
- Offering Quiet Advice: During the hearing, they can quietly suggest strategies, point out important aspects, and keep you informed about what’s happening.
- Taking notes: Taking notes during a hearing can be key; it helps you focus on what is going on and may help further down the road.
A good McKenzie Friend can absolutely make a huge difference to a case. We frequently get told by clients who have been through the court `I wish I’d found you earlier (along with `Why didn’t my solicitor tell me this?’ and `I’ve made more progress in a month with you than I have for the last 3 years’).
That’s not to say every McKenzie Friend is the right person to help you…but there are some amazing ones out there.
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Limitations of a McKenzie Friend
I’ll be honest with you. While there are several advantages to using a McKenzie Friend there are downsides. It’s important to understand their limitations:
- No Right of Audience: They don’t have automatic rights of audience – they cannot speak on your behalf in court unless granted permission by the judge, which is not guaranteed. If you need someone to speak for you…only a solicitor or barrister can do that.
- Cannot Conduct Litigation: They aren’t allowed to manage your case outside of court, such as signing documents or corresponding with the other party.
- Cannot act as your agent: They can’t represent you. In some rare cases this does happen in my experience, but it’s rare and again…if you need someone to do this for you, you definitely need a solicitor or barrister.
A McKenzie Friend cannot `represent’ you. They assist you.
Next up – the advantages to using one….
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Benefits of using a McKenzie Friend
Choosing a McKenzie Friend has several advantages:
- Cost Savings: Legal fees can be prohibitive – at a recent legal conference, our founder Michaela Wade heard from a speaker that a legal bill of £53,000 for one case wasn’t `disproportionate‘. A McKenzie Friend provides support without adding to your financial burden (and if you have a free one…it’s a lot cheaper too).
- Personalised Assistance: Often, McKenzie Friends are individuals who have personal experience with the legal system and can offer empathetic, tailored support. Some specialise in certain aspects of family law or certain perspectives.
- A fresh approach to resolving issues: The legal profession is, by and large, deeply conservative and resistant to change. The best McKenzie Friend look for solutions and will tell you what actually works as opposed to what `should’ work.
- More responsive: While many McKenzie Friends keep regular hours, they’re often much more swift when it comes to responding to changing situation and messages. You’re far less likely to be told `There’s no one to assist you until next week’, with online booking and file upload systems to make things as easy as possible for you.
We’d say that 80% of people are fully able to represent themselves with the assistance of a McKenzie Friend and not just simple cases or ones where there is agreement between both parties. The best McKenzie Friends assist in complex cases in the High Court – something many solicitors will never do.
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Potential drawbacks
However, there are some considerations to keep in mind:
- Varied Expertise: Since McKenzie Friends aren’t required to have formal legal training, their knowledge and experience can vary significantly. They can range from legally qualified individuals who do everything they’re permitted to do under the rules concerning McKenzie Friends, through to a friend who comes and provides moral support (although you need to understand that strictly speaking anyone with an interest in a case shouldn’t act as a McKenzie Friend).
- Lack of Regulation: McKenzie Friends are unregulated, meaning there’s no official body overseeing their conduct or ensuring a standard level of service.
- Lack of insurance: Solicitors and barristers have a legal requirement to be insured; McKenzie Friends don’t.
It’s important to ensure you know the ups and downs of a McKenzie Friend before you engage one (or decide it isn’t right for you). Because it’s far easier to say `Thanks but no thanks’ rather than deciding whoever is helping you isn’t the right person to be by your side during your case itself.
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Choosing the right McKenzie Friend
When selecting a free McKenzie Friend, consider the following:
- Experience and background: Inquire about their familiarity with cases similar to yours. Personal experience with the legal system can be beneficial.
- Availability: Ensure they can commit the necessary time to assist you, both in preparation and during court proceedings.
- Compatibility: It’s crucial to feel comfortable with your McKenzie Friend, as you’ll be relying on them during a potentially stressful time.
Established McKenzie Friends tick these boxes – it’s their full time job; there are people who do this part time however. Beware of people who are hold to get of, hide behind social media posts or webpages and have an aggressive attitude.
Check Google reviews. Check names online. Check social media posts. But be aware that even the best McKenzie Friend is going to have someone who wasn’t impressed – because the court process is hard.
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Preparing for Court with a McKenzie Friend
To make the most of your McKenzie Friend’s assistance:
- Organise your documents: Have all relevant paperwork ready and in order.
- Discuss your case thoroughly: Ensure your McKenzie Friend understands all aspects of your situation to provide the best possible support.
- Plan your strategy: Work together to outline how you’ll present your case, including any key points you need to address.
- Listen to them: If you continually disagree with the person helping you, you don’t trust them or ignore their advice, asking yourself iif they’re the right person to help you.
A family court case can be hard. Your McKenzie Friend (and you!) should be making it as easy as possible so all your energy is directed towards achieving the right outcome.
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Conclusion
A free McKenzie Friend is hard to come by. It’s hard to find someone who is able to both give your case the attention it deserves while being able to pay their own bills.
Look hard enough and you will undoubtedly find people who will help you with paperwork, forms, documents and explaining things to you for free – but many will be limited when it comes to assisting you in your 3-day court hearing as they have work to go to).
But a good McKenzie Friend who charges?
They can be a valuable ally when navigating the legal system on your own. They offer support, guidance, and a calming presence during what can be a challenging time. However, it’s essential to understand their role’s limitations and choose someone who aligns with your needs and circumstances. By doing so, you can approach your court proceedings with greater confidence and clarity.
