Any full time McKenzie Friends out there?

Hi all,

I'm considering going full time as a Lay Adviser and McKenzie Friend in Family Law.

Would like to connect up with any other full or part time Mckenzie Friends.

Regards

Tim

Hi Tim, welcome to Wiki.

Sorry to show my ignorance, but what is a 'McKenzie Friend'?

Take care

Roo x

Roo

Hope this helps a wee bit.

What are McKenzie friends?

If you are a defendant and are representing yourself in court (i.e. you are not using a solicitor to represent you), you are entitled to have someone sit next to you. She can take notes, offer advice (in whispers) and prompt you to ask particular questions etc, but cannot address the court directly. She is usually called a “McKenzie friend.”

Many people don’t use McKenzie friends, and they are not meant to be a substitute for a solicitor. They are really just a fancy name for an assistant or friend to sit with you. But a McKenzie friend is very useful if you have not been in court before and need that bit of extra confidence or help. Also, even if you are confident about your defence, the McKenzie friend can help by taking notes, freeing you to concentrate on your own case.

In order to use a McKenzie friend, you simply tell the clerk at the start of the trial (when you are asked to sit in the dock or at the front of the courtroom, separate from the rest of the public or your supporters), that you are not represented by a solicitor, and would like to have an assistant to help you with taking notes and occasional advice. It should be as straightforward as that — in particular, there is normally no need to mention the term “McKenzie friend” or to justify your desire to have an assistant by complicated legal argument.

The right to have McKenzie friends is now well established, in England at least, and you should not be prevented from having one. However, it is still possible that a court may try to refuse to allow you to have a McKenzie friend sit with you, in which case you will have to be prepared to argue why you should be allowed one. The rest of these notes may be useful for this.
The legal basis of McKenzie friends

McKenzie friends have no official legal status: they have no particular right to sit next to you in court, and the name is not an official one. But you, as a defendant, have a right to whatever assistance may be reasonably required, and that’s the basis for allowing the McKenzie friend. The name comes from the particular case which established this right

Two cases are involved. The first is McKenzie v McKenzie, 1970, which was a divorce case, in which the court of appeal ruled that the husband (who did not have legal aid and was representing himself) should have been allowed to have someone sit next to him to give him advice and take notes etc. The second case is R v Leicester City Justices et al, ex parte Barrow et al, 1991, which was a poll tax case, in which the defendants had wanted a friend to sit with them and help them in the same sort of way.

Tim - welcome to wiki

Ruby

I'd have given my right arm for someone at the side of me at my first appearance, although I got through it OK, sometimes you are concentrating so much that things fly past your head. Where are you based, mate?

The FnF list might be a good starting point;

85.13.244.110/law-and-policy/mckenzie-fr...zie-friends-listings

The role of the Mckenzie Friend has been developing over the past years especially in Family Law. A "McKenzie" can range from a helpful supporter taking notes to having detailed knowledge of the Law and procedures. (but can not give legal advice)

With the changes in Legal Aid and the high costs of legal representation, if you are considering becoming or are a Litigant in Person (LIP) a McKenzie Friend could be worth their weight in gold.

I also run a McKenzie Friend chat forum, that has members from all over the country and Fiona's link to FNF is a good resource.

I see from the few posting that it may be appropriate to start a thread on this topic to give greater awareness of Lay Advisers and McKenzie Friends in Family Law, as a new member I will take guidance from Admin

Tim


Below is the latest President’s Guidance: McKenzie Friends 14th April 2008.

President of Family Division’s Guidance on McKenzie Friends
Practitioners should be aware that the President of the Family Division has recently issued guidance on the advantages to the Court of Mackenzie friends and, in particular, how useful they are to the Court when dealing with litigants in person. The guidance is set out below.

President’s Guidance: McKenzie Friends 14th April 2008

In the light of the growth of litigants in person in all levels of family court, the President issues this guidance, which supersedes that of 13th May 2005. [2005] Fam Law 405, and is to be regarded as a reminder that the attendance of a McKenzie friend will often be of advantage to the court in ensuring the litigant in person receives a fair hearing.
• A litigant who is not legally represented has the right to have reasonable assistance from a layperson, sometimes called a McKenzie Friend (“MF”). This is the case even where the proceedings relate to a child and are being heard in private.
• A litigant in person wishing to have the help of a MF should be allowed such help unless the judge is satisfied that fairness and the interests of justice do not so require. The presumption in favour of permitting a MF is a strong one.
• A litigant in person intending to make a request for the assistance of a MF should be encouraged to make the application as soon as possible indicating who the MF will be.
• It will be most helpful to the litigant in person and to the court if the particular MF is in a position to advise the litigant in person throughout the proceedings.
• A favourable decision by the court, allowing the assistance of a MF, should be regarded as final and not as something which another party can ask the court to revisit later, save on the ground of misconduct by the MF or on the ground that the MF’s continuing presence will impede the efficient administration of justice.
• When considering any request for the assistance of a MF, the Human Rights Act 1998 Sch 1 Part 1 Article 6 is engaged; the court should consider the matter judicially, allowing the litigant reasonable opportunity to develop the argument in favour of the request.
• The litigant in person should not be required to justify his desire to have a MF; in the event of objection, it is for the objecting party to rebut the presumption in favour of allowing the MF to attend.
• Factors which should not outweigh the presumption in favour of allowing the assistance of a MF include
o the fact that the litigant in person appears to be capable of conducting the case without the assistance of a MF
o the fact that the litigant in person is unrepresented through choice
o the fact that the objecting party is not represented
o the fact that the hearing is a directions hearing or case management hearing
o the fact that a proposed MF belongs to an organisation that promotes a particular cause
• The proposed MF should not be excluded from the courtroom or chambers while the application for assistance is made, and the MF should ordinarily be allowed to assist the litigant in person to make the application.
• The proposed MF should produce a short curriculum vitae or other statement setting out relevant experience and confirming that he/she has no interest in the case and understands the role of a MF and the duty of confidentiality.
• If a court decides in the exercise of its discretion to refuse to allow a MF to assist the litigant in person, the reasons for the decision should be explained carefully and fully to both the litigant in person and the would-be MF.
• The litigant may appeal that refusal, but the MF has no standing to do so.
• The court may refuse to allow a MF to act or continue to act in that capacity where the judge forms the view that the assistance the MF has given, or may give, impedes the efficient administration of justice. However, the court should also consider whether a firm and unequivocal warning to the litigant and/or MF might suffice in the first instance.
• Where permission has been given for a litigant in person to receive assistance from a MF in care proceedings, the court should consider the attendance of the MF at any Advocates’ Meetings directed by the court, and, with regard to cases commenced after 1.4.08, consider directions in accordance with paragraph 13.2 of the Practice Direction. Guide to Case Management in Public Law Proceedings.
• The litigant in person is permitted to communicate any information, including filed evidence, relating to the proceedings to the MF for the purpose of obtaining advice or assistance in relation to the proceedings.
• Legal representatives should ensure that documents are served on the litigant in person in good time to seek assistance regarding their content from the MF in advance of any hearing or advocates’ meeting.

What a McKenzie Friend May Do• Provide moral support for the litigant
• Take notes
• Help with case papers
• Quietly give advice on:

o points of law or procedure;
o issues that the litigant may wish to raise in court;
o questions the litigant may wish to ask witnesses.

What a McKenzie Friend May Not Do

• A MF has no right to act on behalf of a litigant in person. It is the right of the litigant who wishes to do so to have the assistance of a MF.

• A MF is not entitled to address the court, nor examine any witnesses. A MF who does so becomes an advocate and requires the grant of a right of audience.

• A MF may not act as the agent of the litigant in relation to the proceedings nor manage the litigant’s case outside court, for example, by signing court documents.
Rights of Audience

• Sections 27 & 28 of the Courts and Legal Services Act 1990 govern exhaustively rights of audience and the right to conduct litigation. They provide the court with a discretionary power to grant lay individuals such rights.

• A court may grant an unqualified person a right of audience in exceptional circumstances and after careful consideration. If the litigant in person wishes the MF to be granted a right of audience or the right to conduct the litigation, an application must be made at the start of the hearing.
Personal Support Unit & Citizens’ Advice Bureau

• Litigants in person should also be aware of the services provided by local Personal Support Units and Citizens’ Advice Bureaux. The PSU at the Royal Courts of Justice in London can be contacted on 020 7947 7701, by email at This email address is being protected from spambots. You need JavaScript enabled to view it. or at the enquiry desk. The CAB at the Royal Courts of Justice in London can be contacted on 020 7947 6564 or at the enquiry desk.