You may have heard of a McKenzie friend and be considering one to support you in court.
There’s no doubt that going to court is a daunting experience and having someone you trust there with you can really help. But, you need to be aware of the facts regarding McKenzie friends, especially if you are paying for such a service. We tell you why.
What is a McKenzie friend?
A McKenzie friend is someone who assists a litigant in person in court in England and Wales. They do not need to have legal qualifications – or even legal knowledge.
Where a McKenzie friend can help
If you are self-representing yourself in court and want to take a good friend along with you for moral support and to take notes while you’re speaking, the law now says that you are entitled to do this. We think it’s a great idea.
When a McKenzie friend is NOT what you need.
Despite many organisations offering paid services as a McKenzie friend, they are limited in how they can help, what their experience may be and may have a hidden agenda that you might not be aware of.
For example, when a lawyer goes to court, they are bound by a code of conduct which includes acting in your best interests and behaving with integrity. If there is any conflict of interest they cannot represent you, and when they do work on your behalf, they do so within a system of supervision and governance. This means that everything they do is in the utmost confidence, they will not act for the ‘other side’ and, most importantly, they are an officer of the court and have a right to speak to the judge on your behalf.
McKenzie friends, on the other hand, are not regulated by any statutory body, may not be insured and might even have a personal parenting agenda (i.e. be pro mum or pro dad). There’s no guarantee that they will be permitted to speak with the judge – although sometimes, in unusual circumstances, a McKenzie friend may be allowed to.
If you are paying for a service, be aware of the limitations.
And be especially cautious if you are taking legal advice from someone who isn’t a qualified, practising lawyer. British law can, and does, change frequently and as lawyers we have access to professional resources, such as books, online directories and libraries that keeps us up to date with current regulations.
