A McKenzie Friend is a voluntary helper that attends court with a litigant in heels. Their role is to assist you in the representation of your case. They offer moral support and their personal opinions and knowledge. At hearings they cannot talk to the court, but can take notes and quietly advise you on questions and points to raise.
Brief History…
The assistance of a McKenzie Friend is taken from a divorce case, McKenzie v. McKenzie, where the outcome went against the husband. In his appeal he stated that it was his lack of reasonable assistance that had led to his defeat.
Mr McKenzie had legal representation. However, changes to legal aid meant that Mr McKenzie could no longer afford the solicitors. The firm arranged for an Australian solicitor, who couldn’t practice under English Law, to help Mr McKenzie as a friend. The court weren’t happy with this – McKenzie’s friend was to take notes from the side and speak to him only during breaks.
It was acknowledged in his appeal, that Mr McKenzie’s right to reasonable assistance had been breached. Because of that case, every litigant representing themselves is entitled to help from a McKenzie Friend.
Who can be a McKenzie Friend?
Anyone. Since there is no legal training required for the role, pretty much anyone can do it. It could be a close friend or family member, a volunteer from an organisation or your next-door neighbour. Whoever it is, it’s important for them to understand their role and duty to confidentiality. A lot of your personal life is discussed in court, so it also has to be someone you’re comfortable with.
You could pay for the service…
In the last five years, changes to legal aid entitlement has seen a rise in professional McKenzie Friends. For a fee you can gain access to a whole range of services: legal research & advice, case management, completing forms and document writing. It’s also becoming more common for professional McKenzie Friends to seek a right of audience – speak on you behalf.
In 2014, the Legal Services Consumer Panel published a report on Fee-charging McKenzie Friends. In highlighting some of the benefits of using a professional McKenzie Friend, the report states:
“…Family law clients, in particular, may not litigate out of choice, but are forced by circumstances to fight over hugely important matters, at a time of great emotional stress, in an environment that is unfamiliar and daunting to them…McKenzie Friends can principally benefit consumers by improving access to justice and enabling greater equality of arms, especially when the other side is represented…cases tend to progress more smoothly when McKenzie Friends can assist the court by encouraging litigants to separate emotion from facts, facilitate cooperation with court processes and other parties, help with case papers and so on.”
McKenzie Friend – helping hand or a bad plan?
David Bright was a professional McKenzie Friend who charged a fee for his services. In 2016, a jury found him guilty of perverting the course of justice. The emotional and financial cost to the parent he was assisting is unknown. As outlined in the consumer panel report, the risks associated with fee-charging McKenzie Friends include:
Agenda-driven McKenzie Friends – this includes those who deliberately set out to be disruptive or pursue a cause, with or without their client’s consent…poor quality advice…not understanding the limitations of the McKenzie Friend role…escalating fees…breach of privacy.
There are websites that claim to be vet their member McKenzie Friends. There is also list of the people interviewed by the Legal Services Consumer Panel in their report. Choosing to pay for the services of a McKenzie Friend is a personal one. I suggest researching, asking for credentials and references if you do.
Whether you pay or ask someone else to be your McKenzie Friend, you need to inform the court. Write a short letter outlining the person’s relationship to you. Include their experience and their understanding of the role and confidentiality.
Representing yourself at family court is difficult but not impossible. It’s your right to use a suitable McKenzie Friend to support and assist your court journey.
Has this post been helpful? Leave a comment and support a fellow Litigant in Heels. #mothers4justice2
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