McKenzie Friends: Your Best Ally in Family Court
The prospect of representing yourself in court is enough to make anyone break out in a cold sweat. Between the complex paperwork, intimidating legal jargon, and the emotional strain of the proceedings, it’s no surprise many feel like they’re in over their heads. Enter the McKenzie Friend, often referred to simply as a “McKenzie” for short.
These unsung heroes provide support to those who don’t want a solicitor or barrister (or can’t afford one).
But what exactly are McKenzies, what can they do, and what are their limitations?
Let’s explore the ins and outs of McKenzie Friends, their role in the courtroom, and whether they’re the right choice for you.
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Who or What is a McKenzie Friend?
A McKenzie Friend is a person who assists someone representing themselves in court (known as a “litigant in person”). They are not solictiors and barristers and don’t have to have any formal legal qualifications (but many do). The name comes from the landmark case McKenzie v McKenzie in 1970, where a British family court ruled that a litigant in person has the right to have someone sit with them during proceedings to provide support and guidance.
McKenzies have since become a vital resource in the UK legal system, particularly in family courts. Whether you’re battling over child arrangements, dividing finances, or defending yourself against accusations, a McKenzie can be a helpful ally to have by your side.
It’s important to realise they’re not necessarily limited to simple or amicable cases – a good McKenzie Friend is easily match for any solicitors when it comes to legal knowledge, help and preparation.
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What McKenzies Can Do
McKenzies might not have the powers of a solicitor or barrister, but that doesn’t mean they’re not valuable. Here’s what they can do to help:
1. Provide Practical Support
McKenzies are often described as a “second pair of eyes” in the courtroom. They can sit beside you, take notes, and help you stay focused on what’s happening. Think of them as your legal co-pilot, helping you navigate the twists and turns of the proceedings.
2. Help You Prepare for Court
One of the most overwhelming parts of any legal process is the preparation. There are statements to write, evidence to organise, and deadlines to meet. A McKenzie can assist you with these tasks, ensuring your paperwork is in order and helping you build a coherent argument. They’ll even help you practice your courtroom etiquette so you don’t end up addressing the judge as “Your Majesty.” (seriously…we’ve seen this happen).
3. Explain Legal Jargon
The legal world loves a good acronym and convoluted language. From CAFCASS to C79 forms, it’s easy to feel like you’re drowning in alphabet soup. McKenzies are there to translate this jargon into plain English, so you know exactly what’s going on.
4. Offer Emotional Support
Family court cases are emotionally charged, to say the least. Whether you’re negotiating child arrangements or fighting over property, the stress can take its toll. A good McKenzie Friend will offer a calm, reassuring presence, helping you keep a cool head when emotions are running high.
5. Suggest Strategies
While McKenzies can’t give formal legal advice, they can offer practical suggestions based on their experience. They might, for example, point out inconsistencies in the other side’s evidence or suggest questions you could ask during cross-examination.
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What McKenzies Can’t Do
While McKenzies can be incredibly helpful, it’s important to understand their limitations. They’re not solicitors or barristers, and their role is strictly supportive. Here’s what they can’t do:
1. Speak on Your Behalf
McKenzies do not (usually) have “rights of audience” meaning they can’t address the court on your behalf. If you’re hoping they’ll argue your case or cross-examine a witness, you’ll be disappointed—that’s your job. That said…they can help you put together the questions you really, really need to ask on a piece of paper you can read off while you do it.
2. Act as Your Legal Representative
Unlike a solicitor, a McKenzie Friend cannot formally represent you in court. They can’t negotiate with the other side’s lawyer or file documents in your name. You remain the one in charge of your case. Again however – in practical terms they can be by your side throughout, letting you know what your chances and options are as well as telling you when you may want consider agreeing to something or otherwise think a little more of matters.
3. Provide Legal Advice
While McKenzies can explain processes and offer practical tips, they are not qualified to provide legal advice. As we say above – McKenzie Friends come in all shapes and sizes, ranging from those who are there purely to provide moral support all the way through to legally qualified old hands who have seen more court rooms than the other side’s solicitor has had hot dinners!
4. Handle Confidential Communications
Solicitors have a duty of confidentiality to their clients, but McKenzies do not. That said…a good McKenzie Friend will of course not share your information with anyone. And in any case…doing so is risking committing contempt of court that risks anyone doing this facing imprisonment.
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The Advantages of Using a McKenzie Friend
So, why do so many people turn to McKenzies for help in family court? Here are some of the benefits:
1. They’re Affordable
Let’s not beat around the bush—lawyers are expensive. Hiring a solicitor or barrister can cost thousands, and not everyone has that kind of money lying around. McKenzies, on the other hand, are far more affordable. Some charge modest fees, while others offer their services for free.
2. They Speak Plain English
Unlike solicitors, who use jargon, legal terminology and abbreviations that mean nothing to a McKenzie will explain it all to you as you’re representing yourself and you need to know what is going on at all points. This means they’ll make sure you’re clear about things using layman’s terms and tell you what you need to know.
3. They’re Approachable
Let’s face it: Lawyers can be intimidating. McKenzies, on the other hand, tend to have a more informal and approachable manner. They understand that most people aren’t legal experts and are happy to explain things in plain, everyday language.
4. They Empower You
One of the biggest advantages of using a McKenzie is that they empower you to take control of your case. By helping you understand the process and providing guidance along the way, they give you the confidence to stand up for yourself in court.
5. They Understand What You’re Going Through
Many McKenzies have personal experience with the family court system, either as former litigants or as long-time supporters of others. This means they know exactly what you’re going through and can offer empathy and encouragement when you need it.