What is a McKenzie Friend?

A McKenzie Friend is someone who assists a litigant in person (LIP), someone who is
representing themselves in court without a lawyer. The term comes from a 1970 divorce
case, McKenzie v. McKenzie, where the court held that a litigant has the right to reasonable
assistance in court, even if that person is not a qualified lawyer.
Since then, the role of a McKenzie Friend has become an important part of legal
proceedings in the UK and other common law jurisdictions like Australia and parts of
Canada and Nigeria.

Why Might Someone Need a McKenzie Friend?

There are several reasons why someone might opt for a McKenzie Friend instead of aprofessional lawyer:

• Cost: Legal representation can be prohibitively expensive.
• Emotional support: Especially in family court, having a familiar person can be calming.
• Limited legal aid: With cuts to legal aid, more people are forced to represent themselves.
• Simplicity of case: Some people feel confident enough to handle their own case but want a little help.

Who is eligible to be a McKenzie Friend?

Let’s address the key question: Who can serve as a McKenzie Friend?
The great news is that no formal qualifications are necessary. A McKenzie Friend can be:

• A family member
• A friend
• A colleague
• A volunteer from a charity or advice organisation
• Even someone providing their services for a fee (although this may involve more
  oversight)

What’s most important is their competence, trustworthiness, and awareness of their
boundaries.

Are There Any Legal Requirements?

While there isn’t a specific law governing McKenzie Friends, courts have established some
guiding principles derived from case law and practice directions.
The primary authority in England and Wales is the Guidance for McKenzie Friends (Civil
and Family Courts) 2010. According to this guidance, a McKenzie Friend should:

1. Be responsible and competent enough to assist the litigant.
2. Understand that their role is limited to support, advice, and note-taking, not advocacy.
3. Avoid disrupting court proceedings.
4. Disclose any conflict of interest or criminal record, if relevant.
5. Avoid charging fees unless doing so openly and ethically.
   

The court ultimately decides whether to grant or refuse the assistance of a McKenzie Friend
in a particular case.

What Exactly Can a McKenzie Friend Do?

In general, a McKenzie Friend can:

• Provide moral support
• Help the litigant organise their documents
• Take notes during hearings
• Whisper advice or give written suggestions during the trial
• Help prepare court documents (outside of court)
• Think of them as a backstage assistant rather than a performer on stage. They’re there to empower, not to take over.

The role of a McKenzie Friend is quite specific. They cannot;

• Serve as the lawyer for the litigant.
• Speak directly to the court unless the judge allows it, and
• Sign court documents for the litigant.

How Do McKenzie Friends Differ from Legal Representatives?

It’s crucial to understand that McKenzie Friends are not substitutes for lawyers. They don’t:

• Have legal training (usually)
• Owe professional duties like solicitors do
• Carry professional liability insurance
• Have rights of audience by default
  
• Their support is informal and limited to behind-the-scenes assistance unless otherwise
  approved by the court

When Can the Court Refuse or Remove a McKenzie Friend?

While courts usually allow a McKenzie Friend to assist a litigant in person, there are
specific circumstances where the court may choose to refuse or remove one, either at the
beginning of a hearing or during the proceedings.
This decision is typically made when the McKenzie Friend’s actions are seen as interfering
with the proper administration of justice. Importantly, the court is required to give reasons
for its decision, and the litigant has the right to appeal. However, it’s worth noting that the
McKenzie Friend themselves cannot challenge the decision directly.

Here are some key situations where a McKenzie Friend may be removed:

1. If they’re seen as conducting the case on the litigant’s behalf, whether openly or
   behind the scenes, which amounts to unauthorised legal practice.
   
2. If they breach confidentiality, such as sharing sensitive case information without
   permission.
   
3. If their assistance is considered unreasonable, overly controlling, or disruptive
   to court proceedings.
   
4. If the court feels that the McKenzie Friend is dominating the case, and the
   litigant is no longer effectively speaking for themselves.
   In all cases, the judge will assess whether the McKenzie Friend’s presence is truly helping
   or potentially harming the fairness of the hearing. Their role is to support, not replace, the
   litigant.

Conclusion

The role of a McKenzie Friend is a valuable one. For many self-representing individuals, it
provides just enough support to feel less alone, more organised, and better prepared for
court.

However, without formal regulation, it’s essential to exercise caution. Whether you’re
considering becoming a McKenzie Friend or using one, ensure that everyone involved
understands the limits and purpose of the role. For more information, contact us.