McKenzie Friends: What we’re always asked.
We get asked all sorts of questions. Some of them are complicated, some are simple – it kind of goes with the territory of what we do on a day to day basis.
But we hear quite a few myths about McKenzie Friends – many of which are untrue. They confuse people so without further ado here’s a run down on the biggies.
Can you represent me?
No. Only a solicitor or a barrister can do that. Its’ worth thinking for a moment what being `represented’ actually mean in a court context. Here it means someone who can speak for you in court. Respond to other people on your behalf – write to your ex and/or their solicitor. Sign documents. Solicitors and barristers are officers of the court.
As that link says:
Although solicitors must fearlessly advance their clients’ cases, they are not “hired guns” whose only duty is to their client. They also owe duties to the courts, third parties and to the public interest.
So we can’t. We can offer you advice, help with paperwork, that sort of thing – but we cannot represent you. But over the decade we’ve assist people we’ve come up with a pretty good way of both following the rules about what we can do and providing you with the help you need!
Are you solicitors?
See above. Solicitors are officers of the court (see above). They’re legally qualified.
Can you give me legal advice?
Yes! 4.) iv of Practice Guidance: McKenzie Friends (Civil and Family Courts) says a McKenzie Friend can `quietly give advice on any aspect of the conduct of the case’.
Our advice is based on our legal knowledge (as I say above our team includes qualified individuals) and experience of a large number of wide-varying cases over the years. We’ll tell you what we think the best action to progress the situation is – and you are free to follow or disregard it at any point. We’ll tell you what the court has the power to do and not to do, what the likely response of the court and others involved in the case will be and how to handle changing situations.
It’s really as simple as that.
Can you come to court with me?
Yes! We’re really not sure why people seem to think we can’t. We can! Speak to many legal professionals and they’ll be under the impression that is all we do – they think we’ll turn up on the day, sit with you and go away when the hearing ends (Pro-tip: We do a lot more than that!)
The only time we can’t be with you is during CAFCASS conciliation appointments (mediation before a hearing) – but neither can your solicitor be if you have one instead of us assisting you.
So we can be with you at all points – including when it comes to going into the court room to speak to the judge or magistrates.
Can I change the judge/CAFCASS officer/social worker?
Maybe. But seriously…99.99% of the time it isn’t going to work and it isn’t going to help trying. It’s understandable especially if things aren’t going the way you’d like. The processes to achieve this are there – but for obvious reasons they tend to be a lot harder than actually working with the system to get the desired result.
It’s important to look at the big picture too. Judges, CAFCASS officers, social workers – they often move on over the life span of a case so it’s quite possible that whoever you aren’t particularly enamoured won’t be involved before long in any case.
This last one is a controversial – I know. But it’s a fact. Court cases are hard. Fighting the people involved in the system is even harder and you should conserve your energy on your primary goal.
If you’re not clear on what your McKenzie Friend can do – ask. Read. Practice Guidance on McKenzie Friends is the definitive guide to what we can and can’t do. Anything else you’re reading is just rumour!