What is a McKenzie Friend ?

​

A McKenzie Friend is someone who provides support, guidance, and assistance to individuals representing themselves in court usually called litigants in person. While they are not practising lawyers or have not finished a law school, they often have legal knowledge, court process knowledge, experience, or qualifications that enable them to provide valuable help in family court and other legal proceedings. 

‍

The term comes from the 1970 case McKenzie -v- McKenzie, where the court ruled that litigants in person have the right to assistance from a non-legal professional.

‍

‍

‍

‍What Can a McKenzie Friend Do?

‍

McKenzie Friends play a supportive role, helping litigants in person understand the court and navigate the legal process. Here’s what they can do:

‍

• Provide Quiet Advice 

• Offer suggestions and guidance during court hearings.

• Help you organise your thoughts and stay focused.

• Help with Paperwork:

• Assist with drafting position statements, witness statements, skeleton arguments, and other court documents.

• Ensure documents reference relevant case law and meet court requirements.

• Offer Emotional Support:

• Be a calming presence during stressful hearings.

• Help you feel confident and prepared.

• Attend Court or Remote Hearings:

• Sit with you in court or join remote video/telephone hearings.

• Provide support without speaking on your behalf unless granted special permission by the court.

• Advocate for You (Limited):

• In rare cases, with the judge’s permission, a McKenzie Friend may be allowed to speak on your behalf. This is known as Rights of Audience (ROA) and is granted at the court's discretion.

‍

‍

‍

‍

What Can’t a McKenzie Friend Do?

‍

While McKenzie Friends are invaluable in many ways, there are limits to what they can do:

‍

• No Automatic Right to Speak for You:

• They cannot advocate for you unless the judge explicitly allows it.

• No Legal Representation:

• They are not solicitors or barristers and cannot formally act as your legal representative.

• No Legal Advice:

• While they can offer guidance, they are not qualified to provide legal advice like a solicitor would.

​

​