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McKenzie Friend – What is this?

Going to court can be stressful, especially if you don’t have anyone to support you. For people who are unable to hire a solicitor, a McKenzie friend could be the answer.

In this article, we’ll discuss what a McKenzie friend does, who can be one and where to find your McKenzie friend.

 

What is a McKenzie friend in court?

In England and Wales, you have the right to represent yourself in court without a solicitor or barrister. If you choose to attend court without legal representation, you will be known as a ‘litigant in person’.

Someone who accompanies you to court in order to help and support you is known as a McKenzie friend.

The name ‘McKenzie friend’ comes from a divorce case in 1970 called McKenzie v McKenzie.

People choose to represent themselves in court for a variety of reasons. Sometimes, it’s due to not being able to pay legal costs. Or they may want to speak directly to the judge.

McKenzie Friend

 

What can a McKenzie friend do?

A McKenzie friend can sit with you in court and give you advice. They can also take notes and help with case papers.

There are some things a McKenzie friend cannot do, such as speaking in court (without permission from the judge), examining witnesses and filing court documents.

 

Who can be a McKenzie friend?

A friend or family member can be a McKenzie friend. There are also volunteer McKenzie friends who normally do not charge to go to court with you (these are usually attached to charities).

Alternatively, you could pay for a professional McKenzie friend to come with you to court. Professional McKenzie friends are not regulated. Some may be legally trained, others may not. So if this is important to you, it’s vital to do your research.

 

Can a McKenzie friend be a relative?

Yes, a McKenzie friend can be a family member.

 

Where to find a McKenzie friend?

You may know someone with legal experience (or previous court experience), in your family or circle of friends, who would be willing to come to court and provide moral support.

Alternatively, a quick online search will reveal a number of businesses advertising McKenzie friend services.

You could also search the Society of Professional McKenzie Friends’ online directory.

 

Can I have a McKenzie friend?

It is up to the judge whether or not you can have a McKenzie friend with you in court. However, permission for a McKenzie friend will not usually be refused unless the judge believes your McKenzie friend would interfere with the administration of justice.

A McKenzie friend is not a substitute for getting legal advice from an experienced solicitor. What’s more, unlike solicitors, McKenzie friends are not regulated. Usually, a McKenzie friend will not be insured. So if their advice is incorrect, there may not be much that you can do about it.

 

Other articles that may be of interest to you?

How long does a divorce take?

What is the divorce process?

When is decree absolute granted in a divorce?

Decree Nisi – What does this mean in a divorce?

What are the first steps to divorce?

Is a cheap divorce really possible?

 

How can our expert divorce solicitors help you advice on McKenzie friends

Our expert family law solicitors can help you with a range of legal issues relating to McKenzie friends, including:

 

Contact our expert divorce solicitors for advice on McKenzie friends

For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Halifax Office: Old Lane, Halifax, HX3 5WP

Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL

Coventry Office: Warwick Road, Coventry, CV1 2DY

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

Please contact us for more details.

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25th February 2020

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