A McKenzie Friend accompanies a litigant in person to court to offer support, guidance, and assistance.
A litigant in person is someone who does not have legal representation at court and is running their own legal case. They are usually someone who unfortunately cannot afford the costs of hiring a lawyer to prepare their case and/or represent them in court.
Unlike legal representatives, McKenzie Friends are not qualified lawyers and cannot address the court on behalf of the litigant. However, they can provide:
- valuable moral support,
- take notes, and
- offer suggestions to the litigant during proceedings.
Where did the concept originate?
The term “McKenzie Friend” traces back to the case of McKenzie v McKenzie in 1970. The judge in the case, Lord Denning, recognised the importance of providing
unrepresented litigants with moral support and assistance during court proceedings. The notion of a “McKenzie Friend” was born.
Qualifications and skills
In England and Wales, there are presently no formal qualifications required to become a McKenzie Friend.
However, individuals seeking to fulfil this role should possess a good understanding of:
- legal proceedings,
- court etiquette, and
- the relevant laws pertaining to the case at hand.
Restrictions of the role
McKenzie Friends are prohibited from:
- conducting litigation,
- examining witnesses, or
- addressing the court unless granted permission by the judge.
What does the role involve?
The role of a McKenzie Friend can vary depending on the needs of the litigant and the nature of the case. Some examples of the help they might provide include:
- assistance in understanding legal documents,
- moral support during emotionally challenging hearings,
- help preparing the client’s case,
- assistance to organise evidence,
- advice to formulate arguments, and
- accompanying the client to court hearings, offering advice and guidance where necessary.
The benefits to the client
The presence of a McKenzie Friend can significantly benefit litigants in person, particularly those facing complex legal matters without the means to afford legal representation. McKenzie Friends provide:
- a sense of reassurance and confidence to individuals navigating the daunting arena of the courtroom, and
- they can help level the playing field, ensuring that unrepresented litigants have a fair chance to present their case effectively.
The challenges of the role
Two main challenges a McKenzie Friend might face are:
- As non-legally trained individuals, they may encounter difficulties in understanding intricate legal concepts or navigating procedural complexities, and
- there have been instances where McKenzie Friends overstepped their boundaries, leading to conflicts or disruptions during court proceedings.
To find out the rules around using a McKenzie Friend in the family court, click here: Rules about McKenzie Friends.
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