Steven Wade is a family law advisor (McKenzie Friend) with nearly 20 years of experience helping people represent themselves in court. Having been through the system personally and supported thousands of others since, he knows what it’s like to face the stress, confusion, and pressure of doing it alone. This blog shares practical insights that empower you to take control of your case — without the legal jargon or the hefty solicitor’s bill.
The cons of using a McKenzie Friend
Family Law Assistance
The only alternative to a solicitor.
What are the cons of using a McKenzie Friend?
- Introduction
- What is a McKenzie Friend?
- Why do people use McKenzie Friends?
- What are the limitations of using a McKenzie Friend?
- Unregulated, uninsured and untrained McKenzie Friends.
- Can they charge for their services?
- Who can be a McKenzie Friend?
- Good and bad points.
Introduction
You’ve either heard of a McKenzie Friend or you haven’t!
It’s an obvious statement, but over the years we’ve realised that many people who are pitched into the family law quite reasonably research their options when facing (or in) a family court proceedings for their children, divorce of finance.
Otherwise, they’ll have heard of them if someone close to them has gone through the system. Very rarely – outside of legal publications – will they get a mention.
It’s one of the reasons we call ourselves `Family Law Specialists‘ instead of `McKenzie Friends’ – because people are more likely to search for the former rather than the latter if they’ve never heard of them. One of the most common comments we hear when people learn about what we do is `I wish I’d heard of you years ago’ – before telling us about the eye-watering legal bills they faced.
What is a McKenzie Friend?
A McKenzie Friend is someone who helps a `litigant in person’ or LiP (someone who represents themselves instead of using a solicitor or barrister) deal with legal matters. They can quietly give advice on any aspect of the conduct of a case, help with case papers, take notes and provide moral support (more on this below!)
McKenzie Friends have been around since 1971 following a landmark case (`McKenzie vs McKenzie’ – hence the name) when it was established in law that LiPs have a reasonable right to assistance.
The con here with using one?
They are not substitute solicitors or barristers. If you want someone to do everything for you, you need a solictor or a barrister – not a McKenzie Friend.
Although they can help with many of aspects of a court case there are some crucial differences you need to be aware of before you choose to engage the services of one. It needs to be pointed out that there is a huge range in standards when it comes to McKenzie Friends too – some being of the `hand-holding‘-and-moral-support variety, all the way through to the legally-qualified ones who have decades of experience and have assisted thousands of people around the world.
Choose your McKenzie Friend wisely!
Why do people use McKenzie Friends?
In the 16 years we’ve assisted people in the family court (and a few other areas of law) we’ve asked them why they’ve used us as opposed to a solicitor or going it alone. There are a number of reasons they give us. It’s usually because they:
- Don’t trust solicitors – through personal experience or the advice of others who have experience with them.
- Think they can do a better job representing themselves – because they know the details of their situation and care about them too.
- Will save a lot of cash or have better control of their legal costs.
- Feel they’ll be heard more – as opposed to remaining silent while a solicitor who may or may not represent their position accurately.
- Have heard good things about their McKenzie Friend or McKenzie Friends in general.
- Have searched online what their options are and realised they have a right to represent themselves.
Ask many solicitors (and some litigants too!) and they’ll usually tell you it’s all about cost and a McKenzie Friend is just a `poor man’s’ alternative to someone who can’t afford `proper’ and `professional’ legal support.
In our experience it’s more complicated than that, although cost is usually a concern.
What are the limitations of using a McKenzie Friend?
McKenzie Friends are not solicitors, nor barristers. Only a solicitor or barrister can:
- Have automatic rights of audience – the ability to speak on behalf of a litigant.
- Examine witnesses.
- Manage a litigant’s cases outside court – such as signing court documents.
- Act as an agent for litigants.
- Manage cases outside court.
- Conduct negotiation.
A McKenzie Friend can:
- Provide moral support for litigants.
- Help with case papers.
- Quietly give advise on any aspect of the conduct of a case.
A solicitor can handle everything for you – speak to your ex partner’s solicitor for you, deal with all the forms, correspondence, speak to the judge in court, negotiate on your behalf and everything else.
That said…it is far from unknown for a McKenzie Friend to be granted rights of audience by a court, to conduct negotiations at it’s request, to draft orders and perform most of the functions that solicitors undertake regularly – but this is only with the court’s permission and it cannot be relied upon to happen at all times.
in short – if the thought of speaking in court or taking control of your own case you should seriously consider using a solicitor.
Unregulated, uninsured and untrained McKenzie Friends.
One of the biggest criticisms of McKenzie Friends (unsurprisingly often by solicitors) is that they are frequently unregulated, uninsured and untrained.
They’re right. McKenzie Friends are:
- Unregulated. No one is in charge. There is no one to complain to. There is no body to ensure a certain standard is met and responsibilities met. By way of contrast, solicitors are regulated by the SRA (the `Solicitors Regulation Authority’) and barristers by the `Bar Standards Board‘.
- Uninsured. Actually, some are. But they don’t have to be. Solicitors and barristers do have to be insured.
- Untrained. Again…some are. But again…they don’t have to be. Some McKenzie Friends have zero training. Some are former solicitors and barristers – and everything else inbetween.
But despite these facts, an increasing number of people choose the assistance of a McKenzie Friend!
It’s important for anyone considering how they’re going to handle the case having the facts – all the facts – before them prior to making a big decision that is going to impact their life in the shape of a court case for their child or their future finances.
Can they charge for their services?
If they’re in England or Wales, yes. Practice Guidance says they can – as simple as that.
Scottish law is different – McKenzie Friends aren’t permitted to charge there.
This is a serious bone of contention for many within the legal sphere.
Some solicitors, barristers and judges are vehemently opposed to `unregulated, uninsured and untrained’ individuals offering sub par services in this extremely sensitive and important area of life. Ask many charities, lobbying organisations and parents and you may hear McKenzie Friends `shouldn’t’ charge at all, saying they are profiting off the misery or parents who just want the best for their children (although they will often say the same about solicitors, barristers, judges, etc.)
With the wide variety of McKenzie Friends, you may find they are unwilling or unable to help you with aspects of your situation or case that you really need – which may cause problems in a fast-moving and/or sensitive situation.
Fees vary greatly too.
The cheapest McKenzie Friends will work for free or expenses only. Often they’re juggling assisting LiPs with a full or part time job to pay their bills, are unable to assist in court hearings due to work commitments and unwilling to travel to hearings for the same reason. Many of them are also associated with a charity or lobbying organisation that means they come with their own agenda about how a case should be run – which may not be in agreement with what you’d like to see happen.
In contrast there are McKenzie Friends who charge substantially more. They tend to assist LiPs as their day job – meaning they have much more availability to assist you when you need it most and at hearings that may be a long way from where they’re based. They are often able to turn work around very quickly, assist at short notice and as a result of assisting Monday-Friday 9-5 (or more!) have a much deeper knowledge and experience than someone who is doing it on a part time basis to help out.
The con here? You may not be clear about what you’re getting. With your solicitor it’s going to be clear from the outset – they will do the whole lot. With a McKenzie Friend though? It can be more `pick and mix’. So google, check verified reviews and do your research (although you should be doing the same for solicitors too).
Who can be a McKenzie Friend?
In short…anyone (within reason – see below). Joe Public can set up a website, advertise he is a McKenzie Friend and charge for his services. He may even have a professional website, lots of unverified testimonials, impressive-sounding qualifications and a professional headshot with him wearing an expensive suit to add to his credibility.
McKenzie Friends range hugely in how they work too – from one-man bands armed with a mobile phone, a gmail email address and a notebook…through to organisations of people who take advantage of modern technology to make things as easy as possible for LiPs.
Family members, friends and anyone with `an interest’ (i.e. someone with a personal bias or representing an organisation) can’t act as a McKenzie Friend either – although in our experience courts will let this pass just so long as the McKenzie Friend in question is helping rather than hindering. Although it is still a risk – turning up on the day, only to be told they’re being excluded, leaving the LiP to go into court alone.
The con is that there are bad McKenzie Friend out there and there is little that can be done about them because of a lack of regulation. A good way to combat this is to do your research. Check verified reviews, google names, ask the McKenzie Friend if you’d like their help but you have concerns.
Good and bad points
The real `take home’ from this post is that McKenzie Friends are not the same as solicitor and barristers. They undertake similar activities, but they do different ones too. There is a huge amount of variation and their mere existence is a hotly-debated topic that has both it’s passionate advocates and critics.
A good McKenzie Friend is a real asset. They can be empowering, proactive and helpful in a way that many solicitors and barristers aren’t – with the main complaint of those being a lack of communication, empathy, understanding and proactive attitude. There’s something to be said for someone who offers moral support as well as the more concrete varieties that includes form-filling, responding to correspondence and being a quiet voice of neutrality, calm and focus while you’re feeling hurt, angry and feel you’re being treated unfairly.
But there are the other type out there – people who take advantage of those same hurt and angry LiPs and go on to do it with several people, costing them huge sums of money as well as damaging their relationships with their children.
It’s important to do your research before you let anyone – solicitor, barrister or McKenzie Friend get involved in such a big part of your life. But if you want representation – you need a solicitor or barrister.
Hope this helps!
This post is for informational purposes only and does not constitute legal advice.
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