1. Introduction
2. Who are they?
3. What can they do?
4. What can’t they do
5. The benefits of having one
6. Choosing the right person to help you
7. The pros and cons of using a McKenzie Friend
8. When to consider using a McKenzie Friend
9. Preparing for Court with one
10. The future of McKenzie Friends in family court
11. Conclusion

Introduction

Navigating family court alone is challenging, particularly for those who cannot afford a lawyer. However, McKenzie Friends provide affordable, accessible support for self-representing individuals (known as litigants in person or LiPs). This unique role can offer moral support, practical guidance, and procedural knowledge to make the courtroom experience manageable, empowering those who feel overwhelmed by the complexities of family law. This guide explores the benefits, limitations, and practical tips for working with one, so you can enter family court with confidence.

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Who are they?

Named after the 1970 UK court case McKenzie v. McKenzie, these assistants play a significant role for individuals representing themselves in court. The term comes from the case when Geoffrey Gordon McKenzie’s request to have a non-lawyer assistant in his divorce hearing was initially denied, then later allowed on appeal. This landmark ruling paved the way for McKenzie Friends in the UK and other countries, establishing a precedent for self-representing individuals to bring someone for support in court.

McKenzie Friends are not lawyers; they cannot present arguments or represent clients in court. Instead, they support litigants by taking notes, organising documents, and offering emotional reassurance. They can offer guidance on procedural matters, help prepare forms, and clarify the court’s expectations, making them an affordable alternative for those who cannot afford or do not require a lawyer. This role is especially helpful in family court, where proceedings are often personal, emotionally charged, and challenging to navigate alone.

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What can they do?

The role of a McKenzie Friend includes a variety of supportive functions, all designed to make the experience of self-representation more manageable. They can:

1. Help with Court Preparation: They assist with organizing paperwork, preparing statements, and creating a clear argument outline, ensuring the client is well-prepared for each step of the process.
2. Provide Quiet Guidance in Court: McKenzie Friends can quietly offer reminders, take notes, and provide real-time support to help clients stay focused and calm during hearings. This quiet advice helps litigants focus on presenting their cases effectively.
3. Offer Emotional Support: For many in family court, the stress and emotional toll can be overwhelming. McKenzie Friends often serve as a steady presence, helping clients remain calm and think rationally through tense moments.
4. Assist with Paperwork: Family court cases often require filling out detailed forms and documents, which can be confusing for those unfamiliar with legal terminology. A McKenzie Friend can guide clients through this paperwork, ensuring forms are filled out accurately and efficiently.

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What can’t they do?

While McKenzie Friends can offer extensive support, their role has some critical limitations, especially compared to qualified legal representation. Here’s what McKenzie Friends cannot do:

• Address the Court Directly: McKenzie Friends are not authorised to speak on behalf of the client or present arguments. Only qualified solicitors and barristers have the “right of audience” to speak in court on behalf of others.
• Provide Formal Legal Advice: Though McKenzie Friends can offer insights and practical suggestions, they are not legally trained and, therefore, cannot provide formal legal advice. They are limited to procedural support and general guidance.
• Cross-Examine Witnesses or Engage in Advocacy: If a case involves intense advocacy, cross-examinations, or the need for direct legal arguments, the expertise of a solicitor or barrister is necessary. A McKenzie Friend’s role is supportive rather than adversarial.

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The benefits of having a McKenzie Friend

For those representing themselves in family court, a McKenzie Friend can offer significant advantages, such as:

1. Affordability: The cost of legal representation can quickly become prohibitive, particularly in prolonged cases. McKenzie Friends typically charge much lower fees or even work on a volunteer basis, making legal support more accessible to those with limited budgets.
2. Empathy and Understanding: Many McKenzie Friends have personal experience with the family court system. They bring empathy and a personal understanding of the process, offering emotional support that lawyers may not provide.
3. Accessibility and Flexibility: Unlike traditional solicitors bound by office hours and formal procedures, McKenzie Friends offer more flexible support. Many work remotely, offering guidance through virtual meetings or phone calls, which is ideal for clients who have limited mobility or cannot attend in-person meetings.
4. Empowering Knowledge: For those new to family court, understanding the process can be intimidating. McKenzie Friends help clients understand the basics, from timelines and courtroom etiquette to knowing which documents are essential. This knowledge helps litigants feel empowered to represent themselves with confidence.

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Choosing the right person to help you

Since McKenzie Friends are unregulated, finding a reliable one requires careful consideration. Here are some tips to ensure you’re choosing a qualified and dependable assistant:

1. Assess Their Experience and Background: Family law can be complex and emotionally charged, so an experienced McKenzie Friend is often a better choice. Many have previously gone through family court themselves or have spent years supporting others, which provides them with practical insights.
2. Look for Testimonials and References: Many reputable McKenzie Friends have testimonials from former clients, offering an inside look at their reliability and effectiveness. Reading these reviews, or even speaking to former clients, can provide valuable insight into their work style and success rate.
3. Confirm Their Knowledge of Family Law Procedures: While McKenzie Friends aren’t formally trained in law, those familiar with family law’s unique challenges can provide better guidance. This knowledge can make a significant difference in complex cases, such as those involving custody disputes or financial settlements.
4. Assess Communication Skills and Compatibility: Good communication is essential in a high-stress environment. A supportive McKenzie Friend should be clear, responsive, and easy to work with. Their presence should reduce stress, not add to it.
5. Discuss Fees and Expectations Upfront: While more affordable than legal representation, McKenzie Friends may still charge a range of fees depending on the service level. Be sure to confirm payment terms, any additional charges, and what services are included to avoid misunderstandings.

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The pros and cons of using a McKenzie Friend

Having a McKenzie Friend by your side offers numerous benefits, but it’s essential to understand the potential drawbacks as well:

Pros:

• Cost-Effective Support: McKenzie Friends are significantly more affordable than solicitors and provide a cost-effective option for those on a budget.
• Flexible Assistance: McKenzie Friends offer a variety of support, including in-person and remote assistance, adapting to client needs.
• Emotional and Practical Guidance: The support of a McKenzie Friend can be invaluable in helping clients stay focused and organized during stressful proceedings.

Cons:

• Limited Courtroom Rights: McKenzie Friends cannot speak on behalf of clients or cross-examine witnesses, which can be limiting in cases requiring direct legal arguments.
• Risk of Unqualified Assistance: Since McKenzie Friends are unregulated, there is a risk of encountering unqualified individuals. This highlights the importance of research and references when choosing one.
• No Formal Legal Training: While many McKenzie Friends are highly knowledgeable, they lack the formal training of solicitors and barristers, which may limit the depth of their advice.

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When to consider using a McKenzie Friend

A good one is worth their weight in gold – they’re a clear match for a solicitor or barrister. While some people will say you should only use one for simple or low conflict matters it’s not always the case. A good McKenzie Friend can assist in matters all the way up to the Royal Courts of Justice in complex child matters, high-value finance cases or other situations. It’s a very simplistic view to take that they’re somehow less useful than a solicitor or barrister.

They can help in:

The future of McKenzie Friends in family court

As the demand for affordable legal support continues to grow, McKenzie Friends are seen as valuable allies for those navigating the legal process alone. While some advocate for regulating this role to prevent unqualified individuals from misguiding litigants, others argue that regulation could increase costs and limit accessibility. Regardless of potential changes, the benefits they offer – affordability, empathy, flexibility, and practical support – are undeniable.

For many, a McKenzie Friend provides a critical balance of guidance and empowerment, allowing clients to face the family court system with confidence. By understanding the role’s capabilities and limits, clients can better determine when and how to incorporate this unique support in their cases.