What is a McKenzie Friend?

A McKenzie Friend is someone who supports a person representing themselves in court, also known as a litigant in person.

The presence of a McKenzie Friend is at the discretion of the court. A judge may refuse permission if they believe the person’s involvement would be inappropriate or disruptive to the proceedings.

The term “McKenzie Friend” originates from the landmark 1970 case McKenzie v McKenzie, in which a husband received assistance from a friend who was not legally qualified.

Following this case, the Court of Appeal recognised the value of such support for individuals representing themselves, formally establishing the role of McKenzie Friends.

Who can be a McKenzie Friend?

Friends or family – who can provide moral support.
Volunteers – from charities who don’t charge for their service.
Fee earners – who offer their services for a fee. These can be regular non-qualified people to qualified solicitors and barristers

However, there are certain criteria to consider;

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.
A McKenzie Friend provides impartial support, without any financial interest in the outcome of the case. This ensures their guidance and assistance remain focused solely on helping the litigant.

What can they assist with?

A McKenzie Friend can provide a wide range of support to individuals representing themselves in court. While they cannot give legal advice or speak on behalf of the litigant without permission, they can assist with practical and emotional aspects of the case.

Explaining court procedures and what to expect
Taking notes during hearings
Providing quiet advice and moral support
Helping organize documents and evidence
Assisting with drafting and preparing paperwork
Accompanying the litigant to court
Helping with timekeeping and managing appointments

A McKenzie Friend plays a supportive role designed to assist the litigant throughout the court process. While they do not act as the litigant’s lawyer, they can offer valuable help behind the scenes. They provide guidance without directly addressing the court unless the judge allows it, and they support the litigant without signing court documents on their behalf.

Benefits of a McKenzie Friend

A McKenzie Friend provides valuable support to individuals representing themselves in court. They can offer practical assistance, emotional reassurance, and help clarify legal procedures, making the court experience less daunting and more manageable.

Key Benefits:

Offers guidance on court procedures and documentation
Provides emotional support and encouragement
Takes notes and quietly offers advice during hearings
Helps prepare paperwork and organize evidence
Acts as a companion to reduce stress and confusion
Does not replace legal advice but complements self-representation

Key Takeaways

A McKenzie Friend supports individuals representing themselves in court by offering practical guidance and emotional reassurance. While they do not provide legal advice, their presence can make court proceedings clearer and less stressful.

Helps understand and navigate court procedures
Provides emotional support during hearings
Assists with organizing documents and evidence
Offers quiet advice and note-taking in court
Complements self-representation without replacing a lawyer
Their involvement is subject to court approval
Smaller cost than using a Solicitor