What is a McKenzie Friend?

A McKenzie Friend is an individual who assists someone representing themselves in court (a litigant in person). The use of McKenzie Friends is subject to the discretion of the court. A judge can deny their presence if they deem it inappropriate or disruptive to the proceedings.

The term ‘McKenzie Friend’ comes from the landmark case of McKenzie v McKenzie in 1970. The husband sought help from a friend who wasn’t legally qualified. The Court of Appeal recognised that people representing themselves in court could benefit from this kind of support. As a result, the role of McKenzie Friends was acknowledged.

A McKenzie Friend can help by

• Providing moral & emotional support

• Preparing applications to court

• Helping with case papers

• Taking notes

• Advising on court procedures and process

• Quietly giving advice

A McKenzie Friend’s role is limited. They are not allowed to;

• Act as the litigant’s lawyer

• Address the court directly unless permitted by the judge, and

• Cannot sign court documents on behalf of the litigant.

• Good Character: It’s important that a McKenzie Friend is of good character. Especially if the court needs to grant them permission to assist in more active ways, such as speaking on behalf of the litigant.

• Understanding of court procedures: While not a formal requirement, it’s helpful for a McKenzie Friend to understand court procedures and legal processes.

• No conflict of interest: A McKenzie Friend should not have a conflict of interest in the case. Their role is to support the litigant, not to pursue their own agenda.

• No financial Interest in the case: A McKenzie Friend should not have a financial interest in the outcome of the case. This could influence their advice and support.

The most apparent benefit of engaging a McKenzie Friend is the substantial cost savings. Hiring a solicitor or barrister can be prohibitively expensive, with fees ranging widely depending on the complexity of the case and the professional’s experience. In contrast, McKenzie Friends may offer their services at an affordable price. This stark difference in cost can make the difference between someone being able to afford support during their court proceedings or having to navigate the complex legal system entirely on their own.

The cost-benefit analysis of McKenzie Friends in family court cases reveals a compelling argument for their continued and expanded use. While not without challenges, the financial and emotional support they provide is invaluable for many individuals navigating the legal system. As society continues to grapple with the complexities of legal accessibility, the role of McKenzie Friends stands out as a vital component of a more inclusive and supportive legal landscape.